Having an effective Joint Health and Safety Committee (JHSC) is crucial for maximizing workplace health and safety. A reasonable question that many employers and HR managers ask is “how often are JHSC members elected?” The quick and easy answer is…
Author: Guest Writer
Changes to Come for Ontario’s Skilled Trades
As many of you know, on November 21, 2018 the Provincial government enacted Bill 47, making a number of sweeping changes to Ontario’s labour and employment-related legislation. Included in those changes were fundamental alterations to the Ontario College of Trades…
Cannabis and the Workplace: Safety-Sensitive Roles
On October 17, 2018, the Canadian Government legalized cannabis for recreational use across Canada. Many Canadians celebrated what’s come to be called “National Cannabis Day.” HR professionals and employers whose organizations employ workers in safety-sensitive roles were likely less jubilant.…
Proving “Due Diligence” in Cases Involving Fatalities
In August 2017 we reported on an emerging story involving an Ontario construction employer by the name of Cobra Float Services (“Cobra”). You may recall that Cobra was charged by the Ministry of Labour (“MOL”) for violating numerous provisions of…
Prosecutions under the OHSA: Aggravating and Mitigating Factors
While the significant monetary and other penalties associated with breaching the Occupational Health and Safety Act (the “OHSA”) are well publicized, substantially less coverage is dedicated to the process by which a Court determines the appropriateness of a penalty for…
Your Legal Options When the MOL has Given you a Ticket, Summons and/or Order
The Ministry of Labour’s (“MOL”) Enforcement division is responsible for enforcing the Occupational Health and Safety Act (the “OHSA”) and its regulations. The MOL can visit an employer’s workplace at any time, and has extensive authority to investigate a workplace without any…
Interpretation of Regulation 834 to the OHSA – Critical Injury
It is well known that an employer has a duty to report incidents of workplace injury or illness (including deaths in the workplace) to the Ministry of Labour (“MOL”) Specifically, section 51 (1) of the OHSA states: Notice of death…
The MOL’s Power Under the Occupational Health & Safety Act
There have been several moderate to severe workplace accidents reported recently by the media. Last month alone, there were reports of two work-related fatalities involving Ontario-based companies and several “serious” or “critical” injury cases. In response to such incidents, the…