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Winners & Losers

Spill reporting requirements are one of the cornerstones of environmental protection laws. By requiring companies and individuals to report spills of contaminants, the government ensures that they’re addressed as soon as possible, thus reducing the harm to the environment. So is a company’s failure to …

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Some employers have the right to make their workers put on a uniform and/or personal protective equipment when they do their jobs. But there are limits to an employer’s control over workplace clothing. The employer can’t insist that workers wear clothing or equipment that endangers …

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Workers may drink alcohol at work. In some cases, the employer sanctions this drinking and actually provides the alcohol by, say, hosting an office holiday party or company picnic. In most cases, though, drinking on the job is a violation of company policy. But whether …

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According to the CCOHS, approximately 60,000 Canadian workers are injured each year due to falls. So it’s no surprise that the OHS regulations of each jurisdiction include detailed requirements that cover everything from the heights at which fall protection is required to the types of …

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Officers and directors aren’t automatically liable just because their companies commit a safety offence. They may be held personally liable for the company’s OHS violations under three theories: 1) as principals—that is, the people who actually committed the act or failed to act when legally …

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Workers’ compensation provides benefits for workers who suffer not only work-related injuries but also illnesses. Some illnesses are designated as “occupational diseases” by the workers’ comp laws and automatically covered. But other types of illnesses are only considered an “occupational disease” when they arise out …

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The typical penalty imposed on companies (and individuals) convicted of safety offences is a fine. When determining the appropriate fine, courts generally consider: 1) the degree of culpability in which the defendant acted (for example, whether a company tried to comply with the law but …

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Workers’ compensation provides benefits for workers who suffer injuries that “arise out of” or “in the course of” their employment. This language clearly applies to injuries that occur while workers are lifting materials, operating machinery and performing other work-related tasks. But what if a worker …

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The typical penalty imposed on companies (and individuals) convicted of safety offences is a fine. When determining the appropriate fine, courts generally consider: 1) the degree of culpability in which the defendant acted (for example, whether a company tried to comply with the law but …

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Many amputations and fatalities occur while machinery or dangerous equipment is being repaired or maintained. The OHS laws’ lockout requirements are designed to ensure that machinery and other dangerous equipment are shut off, de-energized and locked out during servicing and repairs. Unfortunately, workers often ignore …

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