Liability for Breach of Industrial Safety Requirements is Intensified
Effective January 1, 2011, the administrative liability for organizations having dangerous production facilities, and officers of these organizations for breach of industrial safety requirements, will be intensified. The fines for offenses in this sphere will be raised significantly (10 times and even more) for organizations and their officers.
For further information about this development, please continue reading ALRUD's newsletter (pdf).
Report Critical of Federal Government's Workplace Health and Safety Enforcement
The Canadian Centre for Policy Alternatives, an independent, non-profit research organization, has released a report titled "Success is No Accident: Declining Workplace Safety Among Federal Jurisdiction Employers" (pdf), criticizing the government's efforts to ensure the health and safety of workers in the federal jurisdiction.
The Report notes that while the fatality and injury rates in the provincial sector have declined 25% from 2002 to 2007, federal injury rates have risen 5% over the same time period. The increase is particularly startling in light of the large number of office workers in the federal jurisdiction. The Report attributes the rise in injury rates to the fact that federal health and safety authorities have not made a concerted effort to target high risk workplaces, set injury reduction targets, and hire more inspectors to inspect workplaces to, as the Report's author puts it, "keep offending employers in line". The Report recommends, among other things, more pro-active enforcement and harsher penalties for federally regulated employers who are governed in occupational health and safety matters under Part II of the Canada Labour Code (R.S.C.1985, c. L-2).
For more information on Report or its recommendations, please see Heenan Blaikie's OHS & Workers' Compensation Management Update "Think Tank Report Critical of Federal Occupational Health & Safety Enforcement" (pdf).
Important High Court Decision Regarding OHS Regulation in NSW
On 3 February 2010, the High Court handed down its decision in Kirk v Industrial Relations Commission of
In addition to having significant implications for the conduct of prosecutions in
Criminal Charges Filed Following Workplace Accident
In what should serve as a stark reminder for both employers and individuals, police in Ontario have charged a corporate employer and two individuals with criminal negligence causing death after a fatal workplace accident at a construction project. These events demonstrate that while criminal prosecutions for workplace accidents remain rare, the police will not hesitate to pursue criminal charges as they deem appropriate.
Continue Reading...Ontario Legislature Passes Workplace Violence Bill
On December 9, 2009, Bill 168, An Act to amend the Occupational Health & Safety Act with respect to violence and harassment in the workplace and other matters (pdf) was passed by the Ontario legislature. The amendments in the Bill give workers the rights to refuse work for workplace violence reasons. The amendments also require employers to:
- Prepare and post written violence and harassment policies, if the employer regularly employs five or more workers;
- Develop workplace violence and workplace harassment programs;
- Perform workplace violence risk assessments;
- Train workers on workplace violence and harassment policies;
- Respond to domestic violence that would likely expose a worker to physical injury in the workplace; and
- Report workplace violence incidents to the Ontario Ministry of Labour.
Employers will have until June 15, 2010 to ensure compliance with these provisions. For more information on Bill 168, please see Heenan Blaikie's Labour and Employment in the News " Ontario Passes OHSA Violence & Harassment-Related Provisions Into Law" (pdf).
Significant Decisions in Labour, Employment, Human Rights, and Pension Law in 2009
In the last year, Canadian courts have tackled a wide range of legal issues that are relevant to employers. In the employment law context alone, the courts have considered the obligation of departing employees, the enforceability of non-competition covenants, and the ability of employees to commence a class action to seek damages for unpaid overtime pay.
To keep employers up to date on developments in the law, Heenan Blaikie's national labour and employment law practice has prepared a paper entitled " Recent Developments in Labour and Employment, Pension & Benefits and OHS/Workers Compensation" (pdf). The paper provides an overview of developments in the areas of employment, human rights, pensions, benefits, federal and provincial labour, workplace privacy, occupational health and safety, and workers' compensation law in 2009.
Preparing the Workplace for the Third Wave of H1N1
Medical officials have acknowledged that the second wave of the H1N1 influenza pandemic has peaked and is waning in most parts of Canada. Already officials are predicting a third wave of the pandemic that will occur during the holiday season or in the early new year.
In anticipation of a third pandemic wave, employers should develop a pandemic preparedness plan to ensure continuity of their operations. Employers should also educate themselves about their legal obligations in a pandemic. In order to assist employers, Heenan Blaikie's national labour and employment law practice has prepared a " A(H1N1) Update - 2009" (pdf) with practical guidance on managing the workplace during a pandemic and the most frequently-asked legal questions.
Privacy Commissioner Issues Guidelines on Privacy Rights During Flu Pandemic
Privacy rights are one of the issues most frequently raised when employers seek advice about the impact of the H1N1 virus on the workplace. In order to assist employers in meeting their obligations under private sector privacy laws, the Privacy Commission of Canada, in conjunction with the Privacy Commissioners of Alberta and British Columbia, has developed a guidance document for employers (pdf) that discusses the application of privacy laws during a flu pandemic. The Privacy Commission has also developed a fact sheet for employees explaining privacy rights at work during a flu pandemic.
Proposed Amendments to British Columbia Occupational Health and Safety Legislation
The Board of Directors of WorkSafe BC has published the 2010 proposed amendments to the British Columbia Occupational Health and Safety Regulation.
There are 12 proposed amendments, including: an expansion of the duty to notify utilities after a service is hit during excavation; an amendment to the minimum distance that must be maintained from exposed, energized high voltage power lines; a requirement that trash and recycling vehicles have visual or audible warning systems to indicate when lifting mechanisms are extended; and standards relating to respirator protection factors. A complete list of proposed amendments is available online.
Interested parties may provide written feedback on the proposed amendments until 4:00 p.m. on Friday, December 18, 2009.
Employers Face Legal Hurdles in Preparing Workplace for Pandemic Illnesses
On October 23, President Obama declared a National Emergency in response to the H1N1 ("Swine Flu") influenza pandemic. As the illness becomes more widespread, employers in the United States are scrambling to implement preparedness plans to deal with potential outbreaks in the workplace. In doing so, businesses must be careful not to take actions that run afoul of U.S. employment laws such as the Americans with Disabilities Act (ADA); Occupational Safety and Health Act (OSHA); the Family and Medical Leave Act (FMLA); privacy laws; workers' compensation; and disability benefits laws.
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