A company hires a trained brickworker and put him right to work. One of his job duties was to inspect bricks as they advance on the conveyor, hand-pick the bad bricks from the line and rake the good bricks so that a large dehacker machine can carry them away. Six months after starting the job, the brickworker wandered into an unguarded area in the path of the dehacker machine and got crushed suffering injuries that would prevent him from ever working again. Since he had 30 years’ experience, the company gave him only a one-day crash training course on its safety procedures that didn’t cover the dangers of the dehacker machine, although it did warn him that the area was unguarded and that he needed to keep clear of it.
You Make the Call
True or False? The company was found liable for not properly training the brickworker, even though he was a skilled worker with 30 years of experience.
This hypothetical is loosely based on the facts of an old but still important case called R. v. Canada Brick,  O.J. No. 2978, June 30, 2005] that happened in Ontario but is cited in all parts of the country. The key question: Did the company exercise due diligence, i.e., take all reasonable steps to comply with the