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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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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Work Refusals Special Report
Refusing to perform assigned work is normally an act of insubordination for which a worker can be disciplined. But OHS laws create a special exemption that allows workers to refuse […]
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Ontario Removing Masking Requirement On March 21 In Most Settings And Ending All COVID-19 Public Health Measures On April 27
On March 1, 2022, Ontario moved to the Roadmap Exit Step, as amended. We provided a summary of the restrictions that were eliminated on that date and those that would continue to exist. On […]
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Workplace Injuries In The Age Of Remote Work
A decision of the Administrative Labour Tribunal recognizing an employment injury that occurred in the course of remote work recently made headlines because of the particular nature of the circumstances […]
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Arbitrator Decides COVID-19 Pandemic Is Cataclysmic Event That Did Not Trigger Entitlement To Severance Under Layoff Provisions
In United Utility Workers' Association of Canada v Dataco Utility Services Ltd., 2022 CanLII 13414 (AB GAA), Arbitrator John Moreau, Q.C., dismissed 11 grievances filed on behalf of 11 service technicians (Grievors) […]
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New Critical Worker Exemption In Alberta Allows Workers With COVID-19 To Attend Work
Dr. Deena Hinshaw, Chief Medical Officer of Health for Alberta, signed an Order on January 3, 2022, and amended January 10, 2022, creating an exception to the isolation requirements for […]
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COVID-19 Infection Considered an Employment Injury
On September 23, 2021, the Tribunal administratif du travail [Administrative Labour Tribunal] (the “Tribunal”) determined that a COVID-19 infection could constitute an employment injury, within the meaning of the Act respecting industrial accidents […]
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Failure of Return-to-Work Process Is Not Failure to Accommodate
An injured OR nurse and hospital couldn’t agree on a return-to-work plan. The nurse sued for disability discrimination and failure to accommodate but the Newfoundland Human Rights Commission dismissed the […]
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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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COVID-19 Status Update: Workplace Precautions, Vaccinations, and Where We Go From Here
Date: December 1, 2021 Time: 9:00 AM – 10:30 AM PST Speaker: Preston Parsons Click Here to access the recording of this webinar. This session will look at the current state of the COVID-19 pandemic […]
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Ergonomics Solutions to the Potential Pitfalls of Hybrid Offices
As we eagerly return to work in the office, many organizations are considering hybrid working models. For some, this simply means working at home a few days a week and working […]
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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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Accommodation Doesn’t Mean Letting Worker Pick His Own Job
An aviation safety officer was able to return to work after an injury but not to the position he wanted. The union claimed the employer didn’t meet its duty to […]
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Senior Engineer with Kiln Experience Is Qualified for Kiln Position
A fifth-class power engineer on layoff asked to be “bumped” into a less senior kiln attendant position at a sawmill. Even though the engineer had experience working in the kiln, […]
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COVID-19 Screening & Vaccination Verification Policy
Asking for proof of vaccination instead of or in addition to onsite screening. Regulators have made it clear that given the unique circumstances of the COVID-19 pandemic, employers may implement pre-screening […]
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Must Employers Re-Employ Workers After Non-Work Injuries?
All injured workers are entitled to accommodations but not necessarily reinstatement. In addition to being cost effective, implementing a return-to-work process is essentially mandatory in the 9 jurisdictions where employers have […]
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Do Employers Have to Re-Employ Injured Workers? – Ask The Expert
The human rights law duty to accommodate injured workers applies regardless of what workers comp requires. QUESTION Are we legally obligated to re-employ an injured worker returning from a work injury? ANSWER Yes, if […]
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How Supervisor Training Maximizes the Effectiveness of the Return to Work Process
Lost time depends not just on the work injury but the efficiency of the RTW process. When workers miss work due to injury, it costs your company money, including both direct […]
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Leading With Your Jab – Vaccine Distribution And Public Policy
Top 5 Issues The prospect of safe and effective vaccination distribution, at the provincial, national, and international levels, offers optimism that the worst of the COVID-19 pandemic in Canada will soon […]
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Reopening Your Business In A Pandemic: Privacy Concerns Related To Precautions
Reopening your store can create new privacy considerations For many businesses, the personal information of its customers is crucial to providing goods and services. Certain information is simply necessary to complete […]
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Mandatory Vaccinations For Employees: What Are The Issues?
While Canada is still in the early stages of its COVID-19 vaccine rollout, given the limited availability and potential interruptions in vaccine supply, many employers are already turning their minds […]
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COVID-19 Vaccinations: Moving The Needle On Return To Work Planning
With the hope that the COVID-19 vaccine will be more readily available to Canadians in the coming months, employers are beginning to consider what the vaccine rollout means for return […]
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COVID-19 Update: Ontario Announces Extension Of Stay-at-Home Order And Framework For Transitioning Out Of Shutdown
On February 8, 2021, the Government of Ontario announced an extension to the province-wide shutdown, including the stay-at-home order, for the majority of Ontario's public health regions. As part of the announcement, […]
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Injured Nurse Wants to Return to Work but There’s No Job She Can Do
A registered nurse on paid medical leave for the third time due to work injuries wanted to attempt another return but her employer, Alberta Health Services, currently had no available […]
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Return to the Workplace – A Psychological Toolkit for Heading Back to Work
Return to the workplace: A psychological toolkit for heading back to work is a guide to support the mental health of individuals as they plan safe transitions back into their […]
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COVID-19 And Recalling Employees Back To Work From A Temporary Layoff
Many Canadian employers implemented temporary layoffs due to the devastating financial impact of the COVID-19 crisis. These employers are entitled to recall their employees back to work at any point in time […]
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Return To Work: Managing Employee Reluctance And Refusals
The COVID-19 pandemic has been a time of great uncertainty for both employers and employees. Change has been the only constant. When we previously published an article on February 25, 2020 about […]
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Skills/Competencies Checklist for COVID-19 Medical Screening Personnel
If you’re performing body temperature checks as part of COVID-19 medical screening, make sure it’s done by health professionals or non-medical professionals at the site with appropriate training. Use this […]
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Must Employer Accommodate Part-Time Caretaker Who Can’t Perform that Job Anymore?
SITUATION A part-time caretaker at a school dislocates her shoulder while dusting under a desk, aggravating a pre-existing injury. After two surgeries and physical therapy, her doctor says she can return […]
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