http://ohsinsider.com News, Tools & Special Reports - your “on-stop-shop” for everything Safety Compliance related Mon, 21 May 2012 20:00:49 +0000 en hourly 1 http://ohsinsider.com/search-by-index/liability/on-court-awards-36-million-in-environmental-class-action-lawsuit http://ohsinsider.com/search-by-index/liability/on-court-awards-36-million-in-environmental-class-action-lawsuit#comments Thu, 05 Aug 2010 07:01:48 +0000 Robin L. Barton http://www.ohsinsider.com/?p=9997 http://ohsinsider.com/search-by-index/liability/on-court-awards-36-million-in-environmental-class-action-lawsuit/feed 0 http://ohsinsider.com/ohs-spotlight/c-45-springs-back-to-life-criminal-negligence-charges-laid-in-two-cases http://ohsinsider.com/ohs-spotlight/c-45-springs-back-to-life-criminal-negligence-charges-laid-in-two-cases#comments Fri, 26 Mar 2010 13:40:50 +0000 Robin L. Barton http://www.safetycomplianceinsider.com/?p=5518 http://ohsinsider.com/ohs-spotlight/c-45-springs-back-to-life-criminal-negligence-charges-laid-in-two-cases/feed 0 http://ohsinsider.com/ohs-spotlight/federal-court-rules-on-jhsc-participation-in-safety-investigations http://ohsinsider.com/ohs-spotlight/federal-court-rules-on-jhsc-participation-in-safety-investigations#comments Fri, 26 Feb 2010 14:42:56 +0000 Robin L. Barton http://www.safetycomplianceinsider.com/?p=5169 http://ohsinsider.com/ohs-spotlight/federal-court-rules-on-jhsc-participation-in-safety-investigations/feed 0 http://ohsinsider.com/ohs-spotlight/ohs-spotlight http://ohsinsider.com/ohs-spotlight/ohs-spotlight#comments Tue, 02 Feb 2010 18:08:42 +0000 admin http://www.safetycomplianceinsider.com/?p=4955 http://ohsinsider.com/ohs-spotlight/ohs-spotlight/feed 0 http://ohsinsider.com/ohs-spotlight/ohs-spotlight-nova-scotia-court-reinforces-supervisor%e2%80%99s-ohs-duties http://ohsinsider.com/ohs-spotlight/ohs-spotlight-nova-scotia-court-reinforces-supervisor%e2%80%99s-ohs-duties#comments Mon, 21 Dec 2009 18:54:55 +0000 admin http://www.safetycomplianceinsider.com/?p=4554 http://ohsinsider.com/ohs-spotlight/ohs-spotlight-nova-scotia-court-reinforces-supervisor%e2%80%99s-ohs-duties/feed 0 http://ohsinsider.com/search-by-index/liability/government-agencies-ordered-to-hand-over-investigation-documents-for-use-in-civil-lawsuit http://ohsinsider.com/search-by-index/liability/government-agencies-ordered-to-hand-over-investigation-documents-for-use-in-civil-lawsuit#comments Tue, 30 Nov 1999 06:00:00 +0000 admin http://ohsinsider.com/details.asp?article=2595 When a company has a safety or environmental incident, prosecution for OHS or environmental violations and even criminal charges may be the least of its problems. If the incident impacts neighbouring companies or residents, say, because it involves a fire or explosion, the neighbours may sue the company for the damage done to their property either individually or collectively in a lawsuit called a “class action.” In either case, before the case gets to trial, the parties suing the company are entitled to engage in a process known as “discovery” in which they seek to gather information and documents from the company that they can use as evidence in the lawsuit.

]]> http://ohsinsider.com/search-by-index/liability/government-agencies-ordered-to-hand-over-investigation-documents-for-use-in-civil-lawsuit/feed 0 http://ohsinsider.com/search-by-index/violence/manitoba-court-upholds-firing-of-worker-for-violence-outside-the-workplace http://ohsinsider.com/search-by-index/violence/manitoba-court-upholds-firing-of-worker-for-violence-outside-the-workplace#comments Tue, 30 Nov 1999 06:00:00 +0000 admin http://ohsinsider.com/details.asp?article=2517 Employers across Canada have a duty to protect workers from violence in the workplace. And if one worker attacks another worker at work, the employer must discipline the attacker appropriately. But what if the worker attacks the co-worker outside of work after their shifts? Does the fact that the fight didn’t occur on company property or during work hours make it simply a private affair between the workers? Or can the employer treat it as a company matter and terminate one or both of the workers? A recent case involving this exact situation shows how much leeway courts, arbitrators and other tribunals will give employers in dealing with worker-on-worker violence, regardless of where the violence occurred. Although the case comes from Manitoba, the principles in it also apply in other parts of Canada.

]]> http://ohsinsider.com/search-by-index/violence/manitoba-court-upholds-firing-of-worker-for-violence-outside-the-workplace/feed 0 http://ohsinsider.com/ohs-spotlight/incident-investigations-vs-workers-civil-rights-bc-court-strikes-a-balance http://ohsinsider.com/ohs-spotlight/incident-investigations-vs-workers-civil-rights-bc-court-strikes-a-balance#comments Tue, 30 Nov 1999 06:00:00 +0000 admin http://ohsinsider.com/details.asp?article=2427 When a safety incident occurs in the workplace, the employer has a duty to investigate the incident, determine its cause and take steps to prevent similar incidents from happening in the future. One of the key steps in the internal investigation is interviewing the worker(s) involved. But when interviewing workers, you need to be aware of and respect their civil rights, such as  the right to remain silent in the face of an actual or potential criminal investigation.

]]> http://ohsinsider.com/ohs-spotlight/incident-investigations-vs-workers-civil-rights-bc-court-strikes-a-balance/feed 0 http://ohsinsider.com/search-by-index/compliance/alberta-court-ohs-laws-require-employer-to-protect-part-time-workers http://ohsinsider.com/search-by-index/compliance/alberta-court-ohs-laws-require-employer-to-protect-part-time-workers#comments Tue, 30 Nov 1999 06:00:00 +0000 admin http://ohsinsider.com/details.asp?article=2335 OHS programs typically focus on protecting full-time workers. After all, these workers are generally the ones who do the bulk of the work. But the OHS laws require companies to provide a safe workplace for all workers, not just the ones who work full-time. After all, a worker’s right to a safe workplace shouldn’t be contingent on the number of hours he works per week. Unfortunately, part-time workers sometimes get lost in the shuffle, especially if they work odd shifts or short hours. As a result, the employer may skimp on their safety training and supervision. A recent case from Alberta serves as a reminder that in addition to injuries and illnesses, an employer’s failure to protect part-time workers can lead to liability under OHS laws.

]]> http://ohsinsider.com/search-by-index/compliance/alberta-court-ohs-laws-require-employer-to-protect-part-time-workers/feed 0 http://ohsinsider.com/ohs-spotlight/sk-court-rules-on-employers-vicarious-liability-for-workers-negligence http://ohsinsider.com/ohs-spotlight/sk-court-rules-on-employers-vicarious-liability-for-workers-negligence#comments Tue, 30 Nov 1999 06:00:00 +0000 admin http://ohsinsider.com/details.asp?article=2156 A company is a legal entity that obviously can’t act on its own; it can only act through its agents, including its officers, directors, managers, supervisors and workers. Thus, if a worker is negligent, the company is automatically liable, right? Not always. As a general rule, a company is “vicariously liable” where a worker was negligent in performing an act that he or she was authorized or required to do. But applying this principle to actual cases isn’t always as easy as it sounds. A recent case illustrates how courts do it when deciding vicarious liability claims. Although the ruling comes from Saskatchewan, it’s relevant across Canada because vicarious liability rules don’t vary much from jurisdiction to jurisdiction.

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