prosecution-under-ohsa

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…

Gavel and legal book on wooden table

Can an employer be sued for workplace violence, bullying, or harassment?

It is well established that employers who fail to meet the workplace violence and harassment requirements of the Occupational Health and Safety Act (the “OHSA”) can face significant penalties. However, the Ontario Superior Court of Justice’s recent decision in Merrifield…

Construction Worker Planning Constractor Developer Concept

MOL Adopts Recommendations from Construction Health and Safety Action Plan

According to the Ministry of Labour (the “MOL”), approximately thirty (30) percent of all work-related traumatic fatalities and occupational disease fatality claims occur in Ontario’s construction sector. However, Statistics Canada has confirmed that construction sector jobs account for less than…