In-Depth Analysis
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.
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In-Depth Analysis
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.
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In-Depth Analysis
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.
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In A Flash
OHS inspectors are conducting unannounced field visits across Ontario to verify compliance with the OHSA and its Regulations. Any inspection brings risk of compliance orders, stop work orders and possible prosecution for high-risk contraventions.
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OHS & Workers’ Compensation Advisor
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.
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In-Depth Analysis
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.
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In A Flash
Ontario has enacted changes to clarify pre-start health and safety engineering review requirements. Changes are effective January 1, 2022.
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In A Flash
A new regulation under the Occupational Health and Safety Act will come into force on July 1, 2021 in Ontario.
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In A Flash
Bill 47: Ensuring Safety and Cutting Red Tape Act will likely pass third reading in the legislature by December and result in very significant, and far-reaching, changes to the current Occupational Health and Safety Act.
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