Tag: Ontario Occupational Health and Safety Act

Healthcare workers’ longer hours don’t necessarily increase health, safety risks

by Rosalind H. Cooper Most employers know that there are restrictions under employment standards legislation regarding maximum hours of work for their employees. In certain circumstances, it is possible to exceed these daily or weekly maximums. However, care must be exercised when doing so in order to avoid a breach of the employer’s duties under […]

Project manager convicted of criminal negligence

by Norm Keith and Shane D. Todd As another reminder of the importance of health and safety in all workplaces all across Canada, we report on the continuing legal saga involving the December 2009 fatalities at Metron Construction. On June 26, 2015, Vadim Kazenelson, the project manager overseeing a construction project for Metron, was found […]

Occupational health and safety due diligence defense alive and well

by Rosalind H. Cooper A recent case involving charges against a company under the Ontario Occupational Health and Safety Act has confirmed that the defense of due diligence is alive and well. The defense of due diligence—which may allow employers to avoid a conviction under occupational health and safety legislation—can be difficult to establish. Even […]

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 […]