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Court to Employer: You Can’t Delegate Training to Workers

A worker was caught in a machine and badly injured. Several companies were convicted of failing to ensure that the worker was trained in the safe operation of the machine. They appealed. The appeals court upheld the convictions. The trial court found that the companies had delegated training to a worker who was experienced with operating the machine. But they didn’t instruct him on how to train the worker. The appeals court ruled that it was reasonable for the trial court to conclude that simply telling an experienced worker to “show the new worker how it’s done” isn’t enough to satisfy the duty to properly train workers [R. v. Kal Tire Ltd., [2008] ABCA 416 (CanLII), Dec. 10, 2008].
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