OSHA

Canada: Supervisor’s “Blame the Boss” Defence Fails in Criminal Case
August 21, 2023
A New Brunswick Court has issued one of the most significant Criminal Code judgments in an occupational health and safety matter in recent years.
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Ontario: Can an Employer Appeal an Inspector’s Order to Produce Documents? Not if the Order is Called a “Requirement”
July 10, 2023
One of the more legally confusing aspects of the appeal regime under the Occupational Health and Safety Act is the difference between a “order” and a “requirement” of a Ministry of Labour, Immigration, Training and Skills Development Inspector.
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OSHA Reminds Employers about Heat Illness Prevention Requirements
July 6, 2023
With the mercury rising, OSHA just put out an FAQ to remind employers about their heat illness prevention rules that were originally effective June 15, 2022.
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California: Cal/OSHA Adopts New COVID Regulation
December 16, 2022
On Thursday December 15th, Cal/OSHA voted to adopt a new Non-Emergency COVID Regulation to replace the current COVID Emergency Temporary Standard (“ETS”).
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Extraordinary Workplace Misconduct: Perhaps Firewalking Is Not the Best Team-building Activity…
June 27, 2022
As reported recently in the New York Times, more than two dozen employees were injured last week during a team-building activity in which they walked over hot coals in their bare feet (?!!!)
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Ontario: Proposed Amendments to the OHSA put Corporate Officers and Directors on Notice and May Imperil Charter Protections for all Defendants
March 7, 2022
The Ontario government has introduced the Working for Workers Act, 2022, which contains significant proposed changes to the Occupational Health and Safety Act. The legislation has passed first reading in the Ontario Legislature.
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Ontario: Teacher Found Not Guilty for Student Drowning; What Does This Say About the Burden of Proof in OHS Criminal Cases?
October 28, 2021
On one unfortunate day in July 2017, a 15-year-old boy drowned while swimming in a lake on a school wilderness canoe trip. The teacher supervising the group of students that was swimming, Mr. Nicholas Mills, was charged with criminal negligence causing death.
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Ontario: "Creative Sentencing" for Corporations Convicted of OH&S Offences Arrives
February 19, 2020
An Ontario Court may have altered the legal landscape with respect to sentencing corporations convicted of offences under the Occupational Health and Safety Act (the “OHSA”).
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Distracted Driving Disturbs OSHA
November 1, 2019
OSHA has increased its focus on employer accountability for employee distracted driving, regardless of whether the employee is driving a personal vehicle or a company vehicle.
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OSHA Redesigns Whistleblower Protection Program Website. Is your Anti-Retaliation Program up to Date?
July 23, 2019
OSHA recently modernized its Whistleblower Protection Program Website. The redesigned site includes useful and interactive materials regarding whistleblower statutes enforced by OSHA, including a video that highlights industries that may fall under its jurisdiction.
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Workplace Violence: What Does OSHA Require of Employers?
June 18, 2019
Franczek P.C. recently hosted a seminar on preventing workplace violence. As a follow-up to that event, we would like to share what the law, and more specifically the Occupational Safety and Health Act, says about violence in the workplace.
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Ontario: The Fine Line between “Owner” and “Constructor”
February 14, 2019
One of the most complex issues under Ontario OH&S law relates to determining which party on a construction project is the “constructor” within the meaning of the OHSA.
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