Tag: OHSA

Justice system failed the victims of Radiohead stage collapse

by Norm Keith On September 5, 2017, Justice Nelson of the Ontario Court of Justice stayed all charges against the accused in the deadly stage collapse at the Radiohead concert in Downsview Park on June 16, 2012. These charges under the Occupational Health & Safety Act (OHSA) are the latest in a series of serious regulatory […]

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Expansion of workplace harassment and violence reprisal complaints?

By Rosalind H. Cooper Most occupational health and safety statutes across Canada contain provisions that prohibit employer reprisals for workplace health and safety matters. While the outcome of complaints made by workers regarding employer reprisals is always fact specific, employers had been taking comfort from several recent decisions. Those decisions suggested that complaints regarding employer […]

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Reprisal Complaints Must Relate to Health and Safety Matters

By Rosalind H. Cooper Occupational health and safety legislation in most Canadian provinces prohibits reprisal by an employer against an employee who makes allegations of unsafe work. Workers routinely try to rely on such reprisal provisions to attack any actions of their employers. A recent Ontario Labour Relations Board decision, Petro v. The Beer Store, […]

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Independent Contractors Considered Workers for Health and Safety Purposes

By Rosalind Cooper For years employers across Canada have struggled with the difference between independent contractors and employees. Individuals believed to be independent contractors are often classified as employees after their relationship ends, leading to liability for employment-related severance and other amounts. The courts, human rights tribunals, and other administrative tribunals are constantly grappling with […]

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