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
On 17 May 2018, the UK Government released the Independent Review of Building Regulations and Fire Safety: Final Report. The report sets out a new regulatory framework to address the weaknesses identified in the interim report. … Continue reading
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
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
Dealing with employees and contractors comes with risk and compliance with the many commercial and employment laws – including health and safety – can be burdensome. While accidents in the workplace are often not completely avoidable, employers need to show they have done enough to avoid them. The Occupational Health & Safety Act, 1993, and … Continue reading
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
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
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
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
The duty of care is an obligation for companies to prevent social, environmental and governance risks related to their activities. A very recent law published on 28th March 2017 has reinforced such duty of care. The duty of care concerns French companies employing, at the end of 2 consecutive fiscal years, at least 5,000 employees … Continue reading
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
In a new webinar, lawyers from the firm discuss the new requirements for Ontario employers to prevent sexual violence and harassment in the workplace after amendments to Bill 132 came into effect on September 8, 2016. The new requirements revise the definition of “workplace harassment”, impose new requirements for workplace harassment prevention programs and establish new … Continue reading
Seeking legal advice not only allows an employer to ensure that they are conducting a proper accident investigation, but will also be critical in preserving legal privilege – meaning a document is protected as confidential in a legal process and shielded from adverse parties. On May 9, 2016 the Court of Queen’s Bench of Alberta … Continue reading
As 2017 is a Presidential election year in France, we do not expect major changes in employment legislation to occur in France in the near future. However, this does not mean that French employment lawyers will be unoccupied. First and foremost, the El Khomri law (dated 8 August 2016), which significantly modified the employment law … Continue reading
Over the last few years, large Ontario employers have been busy implementing changes to their practices in order to meet new accommodation requirements under the Accessibility of Ontarians with Disabilities Act (AODA). As of January 1, 2017, Ontario employers with fewer than 50 employees must now meet additional obligations with respect to employment standards and … Continue reading
Following a Ministry of Labour investigation, a mining company was fined $55,000 on October 26, 2016 after an employee was injured at a mine in Northern Ontario. The employee, an underground mechanic, was replacing an axel on a mining vehicle when an 878-pound tire fell and injured him. Fortunately, three other employees were nearby to … Continue reading
Last week, a Texas federal judge handed the Occupational Safety & Health Administration (OSHA) a victory by refusing to grant an injunction that sought to delay the implementation of the Agency’s rule regarding workplace injuries and illnesses. The new rule, entitled “Improve Tracking of Workplace Injuries and Illness,” requires most employers to submit workplace injury … Continue reading
With the cold weather setting in, flu season is officially in full swing. Last year, Arbitrator Jim Hayes considered whether hospitals could implement policies requiring nurses to either get the flu shot or wear a mask. In the test case decision of Sault Area Hospital and Ontario Nurses’ Association (“Sault Area Hospital”), Arbitrator Hayes found … Continue reading
On August 24, 2016, the U.S. Department of Labor (DOL) and the Federal Acquisition Regulatory (FAR) Counsel issued a final rule to implement President Obama’s Executive Order 13673, entitled “Fair Pay and Safe Workplaces,” first announced by the President over two years ago on July 31, 2014. According to the Federal Acquisition Institute, the purpose of E.O. … Continue reading
The Federal Court of Appeal recently had a chance to review a decision by the Occupational Health and Safety Officer on the question of who should be in charge of investigating when an employee makes a workplace violence complaint in the case of Canada (Attorney General) v PSAC. In that case a poultry inspector submitted … Continue reading
On July 1, 2016, the Accessibility Standards for Customer Service officially joins force with the Integrated Accessibility Standards, O. Reg 191/11 (“IASR”) under the Accessibility for Ontarians Act (“AODA”). This amendment, encapsulated by O. Reg. 165/16 does bring a few minor changes: The training for accessible customer service has been expanded to all employees and … Continue reading
Ontario mines will soon be facing a new regulatory environment. As of July 1st, 2016, Regulation 854 (Mines and Mining Plants) of the Occupational Health and Safety Act will contain new requirements that are aimed at improving workplace safety within Ontario mines. The amendments cover a wide variety of areas, including: Updated training requirements for … Continue reading
The number of retaliation and whistleblower claims in the US continue to rise. According to data released by the Equal Employment Opportunity Commission (EEOC), retaliation claims made up 44.5 percent of all charges filed in 2015. Also, the Occupational Safety and Health Administration (OSHA) reported a 6 percent increase in the number of whistleblower cases … Continue reading
Ensuring safety compliance in the workplace can sometimes result in disciplinary action against employees who fail to comply with safety requirements. Unfair dismissal cases provide guidance to employers when it comes to the factors to take into account when terminating employment as a result of health and safety breaches. Cases show that bodies like the … Continue reading