2022 Due Diligence Cases Scorecard
Due diligence defences worked in only 3 of 18 OHS cases in 2022. EMPLOYER WINS ON DUE DILIGENCE (3 cases) Ontario: Failure to Furnish Cold Water Protective Devices Not Unreasonable What Happened: It’s […]
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The 13 Most Important OHS Cases of 2022
Technically, courts and legislatures are supposed to make the laws while courts, arbitrators and tribunals (which we’ll refer to collectively as “courts”) are supposed to simply interpret it. This is […]
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Special Protections for Pregnant/Breastfeeding Workers – Know the Laws of your Province
Employers may have to temporarily reassign pregnant workers to less hazardous jobs. The OHS regulations of many jurisdictions require employers to take special safety measures to protect workers who are pregnant, […]
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PPE and Head Protection – Know the Laws of Your Province
When and what type of head protection required varies by province, as does responsibility to furnish and pay for it. Head injuries are among the most serious injuries a worker can […]
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Head Protection & PPE Policy
Here’s a policy template you can adapt to ensure safe and compliant selection, use, maintenance and inspection of head protection and other PPE required by OHS laws. HEAD PROTECTION & PPE […]
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Powder Actuated Tools Safety – Know the Laws of Your Province
What you must do to protect workers who operate powder actuated. A powder actuated tool is literally a loaded gun. But instead of bullets, it fires nails, bolts, clips or pins […]
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Powder Actuated Tools Policy
For all and intents and purposes, powder actuated tools that use an explosive charge to hurl a nail or other fastener are loaded firearms that should be used only when […]
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Fire Prevention Plan Policy
Fire in the workplace can kill your workers, burn down your workplace and destroy your business. OHS laws and fire and building codes also require you to implement measures to […]
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Fire Emergency Response Plans – Know The Laws of Your Province
What kind of fire emergency response and evacuation policy must you implement at your workplace? While fire prevention is the primary objective, OHS laws of most jurisdictions require employers to implement […]
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Arbitrator Upholds Mandatory 3-Dose Vaccination Policy
Having lost its case against the previous 2-dose mandatory COVID vaccination policy, the union challenged the new 3-dose policy that the long-term care homes operator unilaterally implemented in response to […]
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Arbitrator Shouldn’t Have Upheld Random Drug Testing Policy
An airport required safety-sensitive workers to submit to random drug and alcohol testing. The union filed a grievance but the arbitrator rejected it. But the Ontario appeals court said the […]
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Recycling Company Fined $125,000 for Machine Fatality
A recycling company worker got killed while removing a bin of waste materials to be carted away. MOL inspectors determined that the mechanical safety devices designed to keep the bin […]
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Reassigning Work Subject to an OHS Work Refusal – Know The Laws of Your Province
Most jurisdictions require a written response within 30 days of receiving a JHSC recommendation. Workers’ rights to refuse dangerous work would be meaningless if employers could just simply reassign refused work […]
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Workplace Electronic Monitoring Policy
Electronic monitoring includes all forms of employee monitoring that is done electronically during working hours. Examples include tracking employee movements through access cards and GPS devices on delivery vehicles, and […]
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AEDs in the Workplace – Compliance Game Plan
Workplace AED programs are highly recommended everywhere and will soon be mandatory in Ontario. Sudden cardiac arrest (SCA) is the second leading cause of death in Canada, taking more lives than […]
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AEDs in the Workplace – Know the Laws of Your Province
Ontario has passed mandatory workplace AEDs legislation but it hasn’t yet taken effect. In addition to their life savings potential, Automated External Defribrillators (AEDs) are fairly inexpensive, easy to use and […]
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AEDs in Workplace Policy
Sudden cardiac arrest is the second leading cause of death in Canada. While not required by laws (although that could change soon in Ontario), implementing a workplace automated external defibrillator […]
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Ontario Company Fined $125K For COVID-19 Outbreak And Fatality
In a significant first, an employer in Ontario has been prosecuted for a COVID-19 related death. On June 6, 2022, Scotlynn Sweetpac Growers Inc. ("Scotlynn") pleaded guilty and was convicted of […]
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Certification Motion Dismissed In Proposed Roadway Design Class Action In Ontario
In the recent decision of Klassen v. City of Hamilton (2022 ONSC 3660), the Ontario Superior Court dismissed the motion to certify a class action relating to the design and construction […]
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Minimizing Liability Risks When Rejecting Unrealistic JHSC Recommendations – Compliance Game Plan
Rejecting, or even worse, ignoring JHSC recommendations is a liability risk. In addition to being required by OHS laws, having a joint health and safety committee or health and safety representative […]
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Duty to Accommodate Special Report
An employer is generally not entitled to an employee’s detailed medical information such as diagnosis, cause, or treatment unless the information is relevant to the accommodation requested, or the employee’s […]
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Responding to JHSC Recommendations – Know The Laws of Your Province
Most jurisdictions require a written response within 30 days of receiving a JHSC recommendation. There’s a big difference between rejecting a JHSC recommendation and ignoring it. The former may be perfectly […]
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Working Alone Special Report
Most workers work in an environment where there are other workers, visitors, members of the public, etc. But some workers work by themselves. For example, some may work onsite but […]
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How Do You Know If It Is Constructive Dismissal?
Speaker: Teri Treiber & Tessa Green How Do You Know If It Is Constructive Dismissal? Constructive dismissal occurs where the employer demonstrates an intention to no longer be bound to the employment contract. […]
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The Top 10 OHS Compliance Cases of 2022 (So Far) & Their Impact on You
The court cases most likely to directly affect your OHS program and policies. Key OHS cases from the first 6 months of 2022 addressed issues ranging from the authority of OHS […]
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