OHS Insider » OHS Spotlight http://www.ohsinsider.com News, Tools & Special Reports - your “on-stop-shop” for everything Safety Compliance related Thu, 29 Jul 2010 23:30:47 +0000 http://wordpress.org/?v=2.9.2 en hourly 1 C-45 Springs Back to Life: Criminal Negligence Charges Laid in Two Cases http://www.ohsinsider.com/ohs-spotlight/c-45-springs-back-to-life-criminal-negligence-charges-laid-in-two-cases http://www.ohsinsider.com/ohs-spotlight/c-45-springs-back-to-life-criminal-negligence-charges-laid-in-two-cases#comments Fri, 26 Mar 2010 13:40:50 +0000 Robin L. Barton http://www.safetycomplianceinsider.com/?p=5518
  • Criminal Negligence Charges in Queen of the North Sinking—It Must Be Something in the Air
  • C-45 Charges Brought in Death of Ontario Worker
  • Union Launches Private Criminal Negligence Prosecution
    • ]]>     http://www.ohsinsider.com/ohs-spotlight/c-45-springs-back-to-life-criminal-negligence-charges-laid-in-two-cases/feed 0     Federal Court Rules on JHSC Participation in Safety Investigations http://www.ohsinsider.com/ohs-spotlight/federal-court-rules-on-jhsc-participation-in-safety-investigations http://www.ohsinsider.com/ohs-spotlight/federal-court-rules-on-jhsc-participation-in-safety-investigations#comments Fri, 26 Feb 2010 14:42:56 +0000 Robin L. Barton http://www.safetycomplianceinsider.com/?p=5169
  • Incident Investigations vs Workers’ Civil Rights: BC Court Strikes a Balance
  • Court Criticizes Safety Official’s Inquiry into Flight Crew’s Work Refusal
  • Court Criticizes Safety Official’s Inquiry into Flight Crew’s Work Refusal
    • ]]>     http://www.ohsinsider.com/ohs-spotlight/federal-court-rules-on-jhsc-participation-in-safety-investigations/feed 0     ON Board: Refusing a Drug Test ≠ Failing a Drug Test http://www.ohsinsider.com/ohs-spotlight/ohs-spotlight http://www.ohsinsider.com/ohs-spotlight/ohs-spotlight#comments Tue, 02 Feb 2010 18:08:42 +0000 admin http://www.safetycomplianceinsider.com/?p=4955
  • Quiz – Can You Randomly Test Workers after They Test Positive for Drugs?
  • Legal Scorecard: Drug & Alcohol Testing
  • LEGAL SCORECARD: Leading Cases Involving Drug and Alcohol Testing
    • ]]>     http://www.ohsinsider.com/ohs-spotlight/ohs-spotlight/feed 0     OHS SPOTLIGHT: Nova Scotia Court Reinforces Supervisor’s OHS Duties http://www.ohsinsider.com/ohs-spotlight/ohs-spotlight-nova-scotia-court-reinforces-supervisor%e2%80%99s-ohs-duties http://www.ohsinsider.com/ohs-spotlight/ohs-spotlight-nova-scotia-court-reinforces-supervisor%e2%80%99s-ohs-duties#comments Mon, 21 Dec 2009 18:54:55 +0000 admin http://www.safetycomplianceinsider.com/?p=4554
  • Model Notice of Supervisor Duties
  • Supervisors Duties
  • ON Court Uses Broad Definition to Decide Which Company Is ‘Employer’ under OHS Law
    • ]]>     http://www.ohsinsider.com/ohs-spotlight/ohs-spotlight-nova-scotia-court-reinforces-supervisor%e2%80%99s-ohs-duties/feed 0     Government Agencies Ordered to Hand Over Investigation Documents for Use in Civil Lawsuit http://www.ohsinsider.com/search-by-index/liability/government-agencies-ordered-to-hand-over-investigation-documents-for-use-in-civil-lawsuit http://www.ohsinsider.com/search-by-index/liability/government-agencies-ordered-to-hand-over-investigation-documents-for-use-in-civil-lawsuit#comments Tue, 30 Nov 1999 06:00:00 +0000 admin http://ohsinsider.com/details.asp?article=2595 When a company has a safety or environmental incident, prosecution for OHS or environmental violations and even criminal charges may be the least of its problems. If the incident impacts neighbouring companies or residents, say, because it involves a fire or explosion, the neighbours may sue the company for the damage done to their property either individually or collectively in a lawsuit called a “class action.” In either case, before the case gets to trial, the parties suing the company are entitled to engage in a process known as “discovery” in which they seek to gather information and documents from the company that they can use as evidence in the lawsuit.

    Related posts:
    1. The 9 Common Incident Investigation Mistakes
    2. Agreement to Give Third Parties Access to Privileged Documents
    3. Incident Investigations vs Workers’ Civil Rights: BC Court Strikes a Balance
    ]]>     http://www.ohsinsider.com/search-by-index/liability/government-agencies-ordered-to-hand-over-investigation-documents-for-use-in-civil-lawsuit/feed 0     Manitoba Court Upholds Firing of Worker for Violence Outside the Workplace http://www.ohsinsider.com/search-by-index/violence/manitoba-court-upholds-firing-of-worker-for-violence-outside-the-workplace http://www.ohsinsider.com/search-by-index/violence/manitoba-court-upholds-firing-of-worker-for-violence-outside-the-workplace#comments Tue, 30 Nov 1999 06:00:00 +0000 admin http://ohsinsider.com/details.asp?article=2517 Employers across Canada have a duty to protect workers from violence in the workplace. And if one worker attacks another worker at work, the employer must discipline the attacker appropriately. But what if the worker attacks the co-worker outside of work after their shifts? Does the fact that the fight didn’t occur on company property or during work hours make it simply a private affair between the workers? Or can the employer treat it as a company matter and terminate one or both of the workers? A recent case involving this exact situation shows how much leeway courts, arbitrators and other tribunals will give employers in dealing with worker-on-worker violence, regardless of where the violence occurred. Although the case comes from Manitoba, the principles in it also apply in other parts of Canada.

    Related posts:
    1. Workplace Violence Policies that Only Address Violence In the Workplace
    2. Workplace Violence: Why Zero Tolerance Is Just a Myth
    3. Ontario Proposes New Workplace Violence Requirements
    ]]>     http://www.ohsinsider.com/search-by-index/violence/manitoba-court-upholds-firing-of-worker-for-violence-outside-the-workplace/feed 0     Incident Investigations vs Workers’ Civil Rights: BC Court Strikes a Balance http://www.ohsinsider.com/ohs-spotlight/incident-investigations-vs-workers-civil-rights-bc-court-strikes-a-balance http://www.ohsinsider.com/ohs-spotlight/incident-investigations-vs-workers-civil-rights-bc-court-strikes-a-balance#comments Tue, 30 Nov 1999 06:00:00 +0000 admin http://ohsinsider.com/details.asp?article=2427 When a safety incident occurs in the workplace, the employer has a duty to investigate the incident, determine its cause and take steps to prevent similar incidents from happening in the future. One of the key steps in the internal investigation is interviewing the worker(s) involved. But when interviewing workers, you need to be aware of and respect their civil rights, such as  the right to remain silent in the face of an actual or potential criminal investigation.

    Related posts:
    1. Federal Court Rules on JHSC Participation in Safety Investigations
    2. ON Court: Government Use of Privileged Incident Report Requires Dismissal of Charges
    3. Government Agencies Ordered to Hand Over Investigation Documents for Use in Civil Lawsuit
    ]]>     http://www.ohsinsider.com/ohs-spotlight/incident-investigations-vs-workers-civil-rights-bc-court-strikes-a-balance/feed 0     Alberta Court: OHS Laws Require Employer to Protect Part-Time Workers http://www.ohsinsider.com/search-by-index/compliance/alberta-court-ohs-laws-require-employer-to-protect-part-time-workers http://www.ohsinsider.com/search-by-index/compliance/alberta-court-ohs-laws-require-employer-to-protect-part-time-workers#comments Tue, 30 Nov 1999 06:00:00 +0000 admin http://ohsinsider.com/details.asp?article=2335 OHS programs typically focus on protecting full-time workers. After all, these workers are generally the ones who do the bulk of the work. But the OHS laws require companies to provide a safe workplace for all workers, not just the ones who work full-time. After all, a worker’s right to a safe workplace shouldn’t be contingent on the number of hours he works per week. Unfortunately, part-time workers sometimes get lost in the shuffle, especially if they work odd shifts or short hours. As a result, the employer may skimp on their safety training and supervision. A recent case from Alberta serves as a reminder that in addition to injuries and illnesses, an employer’s failure to protect part-time workers can lead to liability under OHS laws.

    Related posts:
    1. OHS Protections Cover All Workers – Not Just the Full-Timers
    2. Why Part-Time Workers Need Safety Training
    3. Yukon Court: OHS Laws Protect Workers and the General Public
    ]]>     http://www.ohsinsider.com/search-by-index/compliance/alberta-court-ohs-laws-require-employer-to-protect-part-time-workers/feed 0     SK Court Rules on Employer http://www.ohsinsider.com/ohs-spotlight/sk-court-rules-on-employers-vicarious-liability-for-workers-negligence http://www.ohsinsider.com/ohs-spotlight/sk-court-rules-on-employers-vicarious-liability-for-workers-negligence#comments Tue, 30 Nov 1999 06:00:00 +0000 admin http://ohsinsider.com/details.asp?article=2156 A company is a legal entity that obviously can’t act on its own; it can only act through its agents, including its officers, directors, managers, supervisors and workers. Thus, if a worker is negligent, the company is automatically liable, right? Not always. As a general rule, a company is “vicariously liable” where a worker was negligent in performing an act that he or she was authorized or required to do. But applying this principle to actual cases isn’t always as easy as it sounds. A recent case illustrates how courts do it when deciding vicarious liability claims. Although the ruling comes from Saskatchewan, it’s relevant across Canada because vicarious liability rules don’t vary much from jurisdiction to jurisdiction.

    Related posts:
    1. Alberta Court: OHS Laws Require Employer to Protect Part-Time Workers
    2. BC Court Draws a Line on Who's Responsible for Safety as an Employer
    3. Supreme Court Upholds Ruling in Mine Bombing Case
    ]]>     http://www.ohsinsider.com/ohs-spotlight/sk-court-rules-on-employers-vicarious-liability-for-workers-negligence/feed 0     Changes to the Federal Transportation of Dangerous Goods Regulations http://www.ohsinsider.com/ohs-spotlight/changes-to-the-federal-transportation-of-dangerous-goods-regulations-2 http://www.ohsinsider.com/ohs-spotlight/changes-to-the-federal-transportation-of-dangerous-goods-regulations-2#comments Tue, 30 Nov 1999 06:00:00 +0000 admin http://ohsinsider.com/details.asp?article=1644 Hazardous substances probably pose the greatest risk to health, safety and the environment when they’re being transported from one place to another by truck, rail, ship or air. A federal law called the Transportation of Dangerous Goods Act (TDGA) is the principal source of regulation to control the dangers posed by the shipping of hazardous materials within and to and from Canada. The Consolidated Transportation of Dangerous Goods Regulations (TDG Regulations) provide the crucial details about how the TDGA is implemented. Recently, a number of important changes to the TDG Regulations took effect. And even though the provinces and territories have their own laws on the transportation of dangerous goods, provincial and territorial requirements typically parallel the federal provisions. Consequently, the changes to the TDG Regulations will have an impact on companies all across Canada.

    OVERVIEW OF THE CHANGES

    When They Took Effect: The changes took effect on Feb. 20, 2008.

    What They Cover: The changes affect 12 of the 16 parts of the TDG Regulations as well as three of its Schedules. Highlights:

    Part 1 (General). This part was modified to include new interpretations, update the table of documents referring to safety standards and requirements and the list of definitions. It was also changed to clarify exemptions to certain parts of the TDG Regulations.

    Part 2 (Classification).     The key change in this part involves infectious substances, which are now classifi ed into two categories (instead of four). This change was made to harmonize the TDG classifi cations with recent changes made to the UN Recommendations.

    Part 3 (Documentation). The principal changes to this part relate to the way subsidiary classes and packing groups must be shown on shipping documents.

    Part 4 (Safety Marks). Fourteen sections in this part were changed, including those concerning the carrier’s responsibilities and requirements relating to the size and colour of the UN number. A new requirement was added for the display of subsidiary class placards in certain circumstances. Other changes clarify the requirements for Class 2, Gases.

    Related posts:
    1. Changes to the Federal Transportation of Dangerous Goods Regulations
    2. Means Of Containment Requirements
    3. Means Of Containment Requirements
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