An arbitrator has stated that the Ontario Occupational Health and Safety Act does not make employers “answerable to their employees for harassment to which they have been subjected by fellow employees or managers”.
Read the rest of entry »
A boom truck operator who pleaded guilty to an Occupational Health and Safety Act charge after a workplace fatality, has had a criminal negligence charge against him stayed by the court. The boom truck toppled over, pinning a worker who died as a result. The operator’s failure to extend the outriggers and stabilizers resulted in the boom truck toppling over.
In a recent WSIB case, an interesting issue arose as to whether a commissioned door-to-door salesperson, who was hit by a car while crossing the street on his lunch break, was acting “in the course of his employment” within the meaning of the Ontario Workplace Safety and Insurance Act, 1997 (the WSIA).
An Ontario company has lost its argument that an Occupational Health and Safety Act prosecution should be ended before the company called any evidence at trial.
Workplace inspections are an essential, proactive part of an overall safety program that has been in place for decades.
On June 15, 2017, the Supreme Court of Canada released its decision in Stewart v Elk Valley Coal Corp. (2017 SCC 30). This is a landmark decision, reinforcing the right of employers to take proactive risk mitigation and management measures through alcohol and drug policies to ensure workplace safety.
Ontario has amended the Workplace Safety and Insurance Act to make WSIB benefits available for “chronic or traumatic mental stress” arising from the workplace, starting January 1, 2018. There will be no retroactive application
On May 15, 2017, the Ontario Government issued a Progress Report that sets out 23 recommendations and tools aimed at improving workplace violence prevention programs in the province’s health care sector, which, the Report states, is the largest sector in Ontario impacted by workplace violence.
The government of Alberta and 10 police services recently signed the Westray Memorandum of Understanding. The announcement was made on the National Day of Mourning, which this year commemorates the 25th anniversary of the Westray Mine disaster that took the lives of 26 underground miners in Nova Scotia.
The Quebec Superior Court recently made a decision that will have broad implications for individuals and corporations in high-risk workplaces across Canada. Justice Louise Villemure dismissed a judicial review from the committal trial of Sylvain Fournier for a charge of manslaughter, arising from a workplace fatality. She held that a contravention of a duty on employers under the Quebec Safety Code may be an appropriate basis for a criminal charge of manslaughter. Fournier’s trial is scheduled for Nov. 27.
Western Medical Assessments (WMA) provides expert medical assessment services to insurance companies, lawyers (both defense and plaintiff) and employers. Our reputation as one of Canada’s most respected disability assessment companies is premised on our trusted network of thousands of clinical experts — mostly specialists — across all medical disciplines (physical and psychological). We’ve been entrusted to complete 63,000 independent medical examinations (IMEs) as our clients appreciate our medical direction, evidence-based medical opinions and complete independence from any ethical conflicts of interest.