Tag archives: occupational health and safety

France combats the pandemic

Since January 2020, Coronavirus COVID-19 has spread rapidly around the world, causing massive disruption to business and everyday life as well as thousands of deaths. The French Government has reacted in several stages. After issuing recommendations for barrier measures, it decided to close schools and more recently, it ordered the general confinement of French people … Continue reading

This is not a locker room: Do not publicly criticize your employees

Toronto Raptors head coach  recently made headlines for unfiltered comments about his team members. This season, he has publicly called out a number of them for their poor performances. Some have commended him for giving team members the motivation they needed to perform better – by providing them with “tough love” instead of sugar-coating the truth about … Continue reading

Criminal negligence causing death – Employer gets a stiff sentence

In a recent decision[1], the Court of Québec (Criminal and Penal Division) handed down a sentence against C.F.G. Construction Inc. The business was found guilty [2] of criminal negligence causing the death of one of its workers pursuant to the provisions of the Criminal Code[3] governing criminal responsibility, a statute better known as “Act C-21” … Continue reading

UK: An employer’s duty to its employees in the context of Coronavirus

The World Health Organisation has declared that the Coronavirus is a public health emergency of international concern and the first reported cases have appeared in the UK. What steps should employers be taking in relation to their employees? Travel to affected areas Employers owe a duty of care to their employees to take reasonable steps … Continue reading

Négligence criminelle causant la mort – Peine sévère imposée à un employeur

Dans une récente décision[1], la Cour du Québec (Chambre criminelle et pénale) s’est prononcée quant à la détermination de la peine à l’encontre de l’entreprise C.F.G. Construction inc. Cette entreprise avait été déclarée coupable[2] de négligence criminelle causant la mort de l’un de ses employés, en vertu des dispositions du Code criminel[3] traitant de la … Continue reading

La perte de contrôle d’un camion par un salarié n’exclut pas la faute de l’employeur

Dans le cadre de leurs missions, les salariés doivent respecter l’ensemble des règles (notamment de sécurité) applicables. En particulier, les chauffeurs routiers sont astreints au respect du Code de la Route. Mais l’employeur est également responsable de la sécurité de ses salariés et, si l’obligation de sécurité n’est désormais plus une obligation de résultat, il … Continue reading

Industrial manslaughter progresses in the Northern Territory and Western Australia

Following our recent updates regarding the introduction of workplace manslaughter laws in Victoria (see our blog article here) and proposed legislative changes in New South Wales (see our blog article here), there have now been further developments, with industrial manslaughter laws being passed in the Northern Territory (NT) and proposed in Western Australia as part … Continue reading

Death during sexual intercourse qualified as a work-related accident

During a business trip to a construction site, an employee was found dead of a heart attack in a room after having had sexual intercourse with a “complete stranger” he met during the day. The employer completed the usual formalities by informing the social security authorities of the death and the circumstances. The social security … Continue reading

Free Menstrual Products in Federally Regulated Workplaces Proposed

In May 2019, in the Canada Gazette, the Labour Program of the Department of Employment and Social Development (the “Labour Program”) announced a proposal to require all federally regulated employers to provide free menstrual products in the workplace for employees “due to the shame and stigma that often surrounds menstruation.” In addition, the Labour Program … Continue reading

Alcohol at work: can the employer apply a zero tolerance policy?

A decision of the Supreme Administrative Court (“Conseil d’Etat”) of 8th July 2019 has overruled the decision of a work inspector (“inspecteur du travail”) who had rejected a zero tolerance policy regarding the consumption of alcohol during working hours for certain classes of employees in a company. The case concerned a company specializing in the … Continue reading

Update on case involving whether employee can be compelled to give evidence in a coronial inquiry

The Full Court of the Federal Court of Australia (Full Court) handed down its decision on 15 February 2019 in Helicopter Resources Pty Ltd v Commonwealth of Australia [2019] FCAFC 25.  The case involves an appeal to the Full Court by Helicopter Resources Pty Ltd (Helicopter) arising from a decision of the Federal Court which … Continue reading

Record penalties for health and safety breaches in WA are a sign of things to come

Penalties imposed under Western Australia’s Occupational Safety and Health Act 1984 (Act) have been kicked up a notch with the Perth Magistrates Court recently fining a company and its director more than double the previous record. In setting this new high water mark, the Court has sent a clear message that failing to ensure a … Continue reading

Harassment and violence in the workplace : changes to be expected for federally regulated employers

After a few politicians at the federal and provincial levels recently stepped down because of sexual misconduct allegations, lawmakers debated Bill C-65 in the House of Commons this week. Tabled in November 2017, Bill C-65 aims to amend “the Canada Labour Code (CLC) to strengthen the existing framework for preventing harassment and violence, including sexual harassment … Continue reading

Ontario Government Conducting Mining Industry Inspection Blitz

From October 2, 2017 to November 30, 2017, Ontario’s Ministry of Labour (“MOL”) will be conducting workplace inspection blitzes in mines and mining plants. In recognition of the fact that October is Global Ergonomics Month, these blitzes will focus on workplace measures relating to musculoskeletal disorders (“MSDs”). However, inspectors will also be assessing the risk … Continue reading

What French employers must do in case of heatwave?

Summer is coming and temperatures are rising and may become unbearable, especially for these employees working outdoors / performing manual labour. Too much warmth can affect employees and can cause exhaustion, headache, fainting, or dehydration. Therefore the impact on employees’ health can be significant. From a French employment law perspective, employers have a very general … Continue reading

Queensland introduces chain of responsibility legislation for non-conforming building products

The Queensland Government proposes to introduce comprehensive changes to its building and construction laws through the amendments to the Queensland Building and Construction Commission Act 1991 (QBCC Act) proposed by the Building and Construction Legislation (Nonconforming Building Products – Chain of Responsibility and Other Matters) Amendment Bill 2017 (Amendments), introduced in to Parliament on 26 … Continue reading

Human resources managers can be indirectly liable for harassment

Health and safety of employees is highly protected in France. Employers are  responsible for the prevention of any damage to their employees’ health and safety resulting from their work. Amongst other things, French law requires employers to ensure that their employees are protected from any harassment at work. But another provision of the French Employment … Continue reading

Le devoir de vigilance : une obligation renforcée

L’obligation de vigilance est une obligation faite aux entreprises de prévenir les risques sociaux, environnementaux et de gouvernance lié à leurs activités. La loi du 27 mars 2017 relative au devoir de vigilance des sociétés mères et des entreprises donneuses d’ordre, publiée le 28 mars 2017 au Journal Officiel, renforce l’obligation de vigilance. Le devoir … Continue reading

Failure to Implement Workplace Harassment and Violence Policies can be Costly for Employers

Recent enforcement action under Ontario’s Occupational Health and Safety Act (“OHSA”) serves as a stark reminder of an employer’s obligation to implement workplace harassment and violence policies and programs in the workplace.  A security company (the “Company”) was recently fined $70,000.00 for non-compliance with orders issued under OHSA. After receiving information about a workplace injury … Continue reading
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