OHS & Workers’ Compensation Advisor Archives - Mathews Dinsdale & Clark LLP

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Stay informed of the latest workplace law developments locally, nationally, and globally. From the timely quick read In A Flash to the In-Depth Analysis of various Advisors, Mathews Dinsdale’s team keeps you up-to-date.

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OHS & Workers’ Compensation Advisor

Crushing Fines Introduced For Repeat Violators of Ontario Occupational Health and Safety Act

On November 27, 2024, the Ontario government introduced yet another amendment to Ontario’s OHS legislation, further increasing the potential for severe, if not crushing, corporate OHS penalties. Bill 229, the Working for Workers Six Act, 2024 (the “Bill”), introduced a number of potential changes to labour and employment legislative provisions.

OHS & Workers’ Compensation Advisor

Out From Under the Microscope: City of Sudbury Was Duly Diligent in Road Grader Accident

On August 23, 2024, the Ontario Superior Court of Justice (the “SCJ”) dismissed the Crown’s appeal against the trial finding that the City of Greater Sudbury (“City”) had exercised due diligence and should be acquitted of charges under the Ontario Occupational Health and Safety Act (“OHSA”). The decision is important and has been long- awaited by construction project owners and general contractors after the uncertainty created by the Supreme Court of Canada’s November 10, 2023, decision in this case. That decision provided a list of potential due diligence factors applicable when an “owner” of a construction project is also an “employer” of workers, such as its own construction quality control inspectors, and held the amount of control an employer exercises over a workplace, is a factor in assessing whether all reasonable care was exercised. Overall, the SCJ decision is a positive one for “owners” and “employers” and provides some helpful takeaways and guidance which we explore below.

OHS & Workers’ Compensation Advisor

Ontario OHSA Fine Signals Future Significant Director & Officer Prosecution Risk

The case involving a workplace explosion and Ontario Occupational Health and Safety Act (OHSA) prosecution against Eastway Tank, Pump and Meter Limited of Ottawa, Ontario and its owner and Director Neil Greene, wrapped on Friday April 5, 2024 with guilty pleas and penalties for both the company and its Director. The terrible incident, which occurred in January 2022, resulted in fatal injuries to 6 workers, and catastrophic ones to a 7th worker, one of the worst losses of life and injury in a workplace accident in Canadian history. In addition to imposing a high OHSA corporate fine, the case has sent a chilling message about future OHS prosecution risk to Canadian corporate directors and officers.

OHS & Workers’ Compensation Advisor

Is Everyone Who Employs Anyone Responsible for Everything Anyone Does? Maybe. SCC Splits on Scope of Owner / Employer OHSA Obligations on Construction Projects

The Supreme Court of Canada has released its long-awaited decision in R. v. Greater Sudbury (City). The Court has split 4:4 on its decision, reflecting a strongly divided opinion on a complex area of OHS law regarding the role and duties of owners and, more broadly, employers on a construction project. While the City of Greater Sudbury’s appeal is dismissed as a result, the decision raises significant questions for all owners and employers tasked with managing risk in a multi-employer workspace. This Advisor provides a summary of the Supreme Court’s decision, and discusses its potential implications.

OHS & Workers’ Compensation Advisor

Ontario Hikes Corporate OHSA Penalties to Highest in Canada

On October 26, 2023, Bill 79, the Working for Workers Act, 2023 received Royal Assent. Included in legislative changes made by the Bill is an amendment to subsection 66(1) of the Ontario Occupational Health and Safety Act that increases the maximum fine that can be imposed on a corporation from $1.5 million to $2 million. This is now the highest corporate fine available for a conviction under health and safety legislation in Canada. In this Advisor, we comment on and analyze this most recent increase in maximum fines in Ontario.

OHS & Workers’ Compensation Advisor

Effectively Managing OHS Risks for Volunteers and the Organizations they Serve

Ensuring that OHS risks are effectively managed with respect to volunteer ‘workers’ is key for employers. This article outlines what those OHS risks are and effective means of mitigating them.

OHS & Workers’ Compensation Advisor

High Stakes Become Higher: Ontario OHSA Amendments Create Historic Director and Officer Fines and Even More Corporate Risk

The Government of ON passed Bill 88, the Working for Workers Act, 2022, which, among other things, contains various amendments to the Occupational Health and Safety Act.

OHS & Workers’ Compensation Advisor

Breaking with Traditional OHS Roles at Construction Projects? Ontario Court of Appeal Expands Potential Risk to Owners, Employers

The decision should be of concern to all “owners” and “employers” as it could significantly expand liabilities under the Ontario Occupational Health and Safety Act on construction projects.

OHS & Workers’ Compensation Advisor

Charged With an OHSA or Other Provincial Offence? Get Ready for E-Court!

Recent amendments to the Provincial Offences Act have expanded the court’s ability to conduct proceedings electronically. This Advisor discusses those amendments and the potential impact on defendants charged under the OHSA and other provincial statutes.