Excavation Contractor Fined $25,000 for Pedestrian Fatality
A pedestrian died after getting hit by a dump truck that was clearing debris from a shopping center undergoing renovations. The driver apparently got the signal to reverse from an […]
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Fired Québecer Can Sue for National Origin Discrimination
Did a heavy equipment operator’s French Canadian roots factor into the decision to fire him? The BC Human Rights Commission found that there was enough evidence to allow the case […]
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Arbitrator Reinstates Worker Fired for Shop Room Floor Fight with Co-Worker
All agreed that a steel worker deserved to be disciplined for getting into a physical altercation with a co-worker on the shop room floor. The question was whether the incident […]
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Court Upholds OHS Officer’s Rejection of Worker’s Confined Space Work Refusal
A millwright claimed she was the victim of reprisals because she refused to enter a confined space. After talking to witnesses and reviewing the records, the OHS officer concluded that […]
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Ontario Court Opens Door to Harassment-Based Constructive Dismissal Claims
Workers comp doesn’t bar constructive dismissal for harassment, court says. Workers comp bars lawsuits against employers for work-related injuries; in exchange, workers get automatic coverage of work injuries regardless of who’s […]
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What to Do When an Employee Defies Your Mandatory Vaccination Policy
Find out why the worker is refusing before deciding what to do. Before the pandemic, mandatory vaccination policies were rare and limited to sensitive sectors like health care and travel. But […]
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Town Employee Can Sue Both the Town and GN for Sex Harassment
In March, a Nunavut court ruled that a government employee could sue both her employer, the Hamlet of Pangnirtung, and the Government of Nunavut for failing to protect her from […]
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Restaurant Ordered to Close for Not Verifying Customers’ Vaccination
Disobedience with COVID-19 public health orders is not an option. Just ask the restaurant that Fraser Health Authorities ordered to close for failing to comply with orders requiring restaurants to […]
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Workers Comp Doesn’t Bar Harassment-Based Constructive Dismissal Claim
Less than 2 months after an Ontario arbitrator ruled that the workers comp bar against employees suing their employers for work injuries doesn’t apply to constructive dismissal for harassment, an […]
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OHS Tribunal Nixes Prison Guards’ Fire Safety Work Refusal
A group of 85 prison guards at a maximum-security institution began an OHS work refusal after the prison eliminated the in-house fire brigade, contending that they’d be in mortal danger […]
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To What Extent are Employees Barred From Pursuing Stress Claims in Court?
Recorded Date: November 18, 2021 Time: 9:00 AM – 10:30 AM PST Speaker: Ryan Conlin Recording: To access the recording of this webinar, please go here. Historically, workers’ compensation law placed a highly restrictive definition […]
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Your Right to Immediately Remove Workers Impaired by Drugs or Alcohol
Keeping drunk and high workers out of the workplace to prevent danger. It goes without saying that being drunk or high on the job is a significant safety risk, especially when […]
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Discipline & Safety
Can a safety infraction be a cause for progressive discipline? When you discipline a worker for violating a safety rule or for any other infraction, make sure to document it. You […]
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Applying Game Theory Principles in the Management of Employee Absences
Date: August 25, 2021 Time: 9:00 AM PDT Speaker: Patricia J. Forte Watch the Recorded Webinar Here with discount code "OHSIVIP21" to view for free Managing employee attendance can be the bane of the existence […]
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Worker’s Deliberate Refusal to Wash Hands Is Worthy of a 4-Month Suspension
A longshore worker passed by a wash station without stopping to wash his hands. When his supervisor ordered him to go back to the wash station, he refused and was […]
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Texting at Service Stop Is Just Cause to Fire Driver with Disciplinary History
Sending a text message on her cell phone while her vehicle was parked at a service stop with its four-way flashers on was the last straw for a city bus […]
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Failure to Cooperate Dooms Worker’s Face Mask Work Refusal
An aircraft engineer sought a medical exemption from the company’s mandatory 3-ply face mask policy and asked permission to wear a face shield instead. The company denied the request on […]
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Layoff Is Due to Worker’s Performance, Not His Disability
A mining engineer claimed the company included him in the temporary layoff list because of the accommodations for his bad back and hip he had requested and received in previous […]
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Foundry Fined $70,000 for Separate Safety Incidents
The first incident carrying a $50,000 price tag occurred when a worker’s hand got entangled during the cleaning of a walking beam used to move castings from one facility to […]
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Company Official Fined for Refusing OHS Investigator Interview without a Lawyer
An OHS officer investigating a workplace fatality asked to interview a company official and 4 workers who witnessed the incident. All 5 men showed up but refused to go through […]
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Sleeping On Duty Is Just Cause to Fire Nuclear Plant Safety Operator
A nuclear plant supervisor caught a decontamination operator tucked behind a drying machine sleeping on duty. Coupled with his record of serious safety violations, the plant fired him for just […]
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Construction Company Fined $175,000 for Bridge Worker’s Fatality
A 120-foot long temporary modular bridge being lowered into place from both ends at the same time by a pair of pump jacks collapsed on top of a worker who […]
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Dept. of Transportation Fined Nearly $100,000 for Fatality to Contractor’s Worker
A government agency has been hit with an $97,250 in OHS penalties, including a creative sentence of $80,000 to make 4 safety videos, for a fatal injury to a third-party […]
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It’s 3 Strikes and Y’er Out for Fired Diamond Miner
Strike 1: A diamond miner fired for a series of relatively minor safety violations lost his OHS reprisal case. Strike 2: He then sued for discrimination on the basis of […]
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OK to Fire Union Rep for Safety and Harassment Violations
Firing an OHS coordinator is tricky business, especially when the coordinator also happens to be the workplace union rep. The starting point in a legal proceeding involving discipline of a […]
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Are Employers Liable for Injuries Caused by Victims’ Own Safety Violations?
It depends on whether they knew or should have known workers would break the rules. The OHS laws require you to establish and train workers to follow procedures to ensure the […]
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Union Loses Termination Case because It Waited Too Long to Name Arbitrator
After an employee was fired for allegedly assaulting a co-worker, the union filed a grievance the very next day. But it took the union 26 months to actually appoint the […]
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Laid Off Ironworker Loses His OHS Reprisal Case
Frustrated by repeated denials of time off to care for his ailing father, an ironworker finally asked that he be laid off. At least that was the employer’s version of […]
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July 28: Using Mediation for Conflict Resolution in the Workplace
DATE: July 28, 2021 TIME: 9:00-10:30AM PDT SPEAKER: Heather Hettiarachchi, LLB MSc CPHR REGISTER HERE with discount code "OHSIVIP21" to attend for free Organization leaders are responsible for creating a work environment that enables […]
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Avetta presents: Opioids/Cannabis Workplace Drug Testing – What Should Employers Know?
The opioid crisis has escalated dramatically in the past decade across the country, and those affected may also be your employees. At the same time, the marijuana legalization movement has […]
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