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Opinion
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To appeal or not to appeal - that is the question |
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Written by Norm Keith
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Friday, 09 May 2008 |
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Employers, OHS professionals and senior management are often challenged when an OHS regulator issues an order or, federally, a direction. This enforcement mechanism alleges contraventions of the legislation, regulations, or in Alberta, the OHS Code. |
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Regulatory language impedes ergonomics |
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Written by Jane Sleeth
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Friday, 09 May 2008 |
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On April 3rd, 2006 the Ontario Ministry of Labour announced it would deploy workplace inspectors across the province. These inspectors would be targeting 6,000 workplaces including industrial, health care, retail, office and administrative environments.
According to Ministry of Labour spokesperson Belinda Sutton “the inspectors will be targeting high-risk workplaces in addition to providing information and discussing ergonomic hazards, identifying ergonomic-related issues and taking preventive steps.”
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What our mothers taught us about safety |
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Homegrown precautions that make sense in the workplace |
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Written by Alan D. Quilley
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Friday, 09 May 2008 |
My mother recently passed away. In my sorrow, I couldn’t help but reflect on the many things my mom taught me. Many of those important life lessons were about safety. Not in the industrial sense, but those lessons on safety for the good of me as an individual. There is no possible way that my dear mother could have known when she was teaching me these “safety lessons” how much of an impact she would have on me and on my future career.
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Paying tribute to forest workers kiled on the job |
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Ceremonies in B.C. mark Day of Mourning |
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Written by Tanner Elton
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Tuesday, 29 April 2008 |
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On April 28th, B.C. workers and employers pause at Day of Mourning ceremonies throughout the province to remember and honour those who have lost their lives, been injured or made ill on the job.
The BC Forest Safety Council supports this national day of reflection and its members recommit to
ensuring all workers return from work safely everyday to their friends
and families.
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Reasonable defence for reasonable belief |
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Will this due diligence argument work for you? |
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Written by Neil Gobardhan
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Thursday, 10 April 2008 |
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In R. v. Grant Forest Products Inc. and
Wabi Development Corporation, the Ontario Court of Justice recently made a
pronouncement on the due diligence defence known as “reasonable belief in
mistaken facts.”
Consequently, the defence of reasonable
belief in mistaken facts is important for all professionals working in an
industry marked by regulatory compliance.
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Safety and the self-employed |
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Rising number of freelance workers raises health and safety concerns |
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Written by Chris Bosch
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Friday, 04 April 2008 |
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Self-employment is on the rise in our country, and is the second fastest growing
employment demographic in Canada, with approximately 16 per cent of 17 million
workers freelancing for their income. The problem is that while self-employment is rising, safety
awareness for this group of Canadians is not.
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Workplace safety’s criminal twist |
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No room for due diligence |
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Written by Pradeep Chand and Jennifer Brigandi
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Thursday, 27 March 2008 |
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Issues of health and safety are becoming top concerns for
businesses. While workplace safety has traditionally been a matter for
occupational health and safety regulatory enforcement, on March 31, 2004, as a
result of Bill C-45, safety at the workplace became a matter for criminal
enforcement as well.
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Spice up your safety meetings |
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No more glazed over eyes and snoring co-workers |
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Written by Alan D. Quilley
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Tuesday, 26 February 2008 |
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We all have safety meetings and discussions. These
discussions are a chance to focus our thoughts and actions on those important
things we need to do to work safely. The trouble is that if we have a lot of
safety meetings then they tend to get pretty repetitious and stale. Chances are
that the last safety meeting you attended went on much too long, didn’t include
enough discussion and even worse, felt like a waste of time to many who were
there.
Let’s think about making your next safety discussion:
effective, efficient, meaningful and, dare I suggest, engaging and encouraging?
Wow! That’s no small order. Here are some quick ideas for making your next
safety discussion a lot more interesting and a ton more effective. These
approaches really work!
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Dissecting the Dofasco ruling |
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Written by Norm Keith
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Wednesday, 20 February 2008 |
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The Court of Appeal for Ontario
recently rendered a decision in a prosecution under the Occupational Health and
Safety Act (OHSA) that has broad implications for employers. The decision in R. v.
Dofasco is very important for OHS professionals and all managers responsible for
the health and safety of workers to understand and apply in setting and
enforcing safe work procedures. An initial reading of the Court of Appeal’s
decision may be discouraging. How, ask many employers, can we ever prove the
defence of due diligence? That and other issues and implications will be
reviewed as we ask, rhetorically, is R. v. Dofasco the death of due diligence?
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Machine guarding needs strict compliance |
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Reminder from the courts in Dofasco ruling |
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Written by Cheryl A. Edwards and Kevin D. MacNeill
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Sunday, 24 February 2008 |
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Can an employer properly use a procedural instruction in lieu of a physical guard on machinery or equipment? Can a deliberate decision by workers not to use such a procedural instruction in itself afford a due diligence defence to a guarding charge? In a decision issued by Ontario’s highest court on Nov. 1 2007, these questions received the resounding answer “No!” and all employers received a stern reminder that guarding-related requirements in occupational health and safety legislation must be strictly complied with.
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Does your representative need to be a paralegal? |
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Written by David Marchione
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Wednesday, 06 February 2008 |
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Many employers and workers across the country use representatives to assist them with their dealings with their respective compensation boards. Representatives assist with revenue issues, including rate group classification, registration, claim reporting, return to work and appeals.
Ontario’s Workplace Safety and Insurance Board (WSIB) stated that, effective Nov. 1, 2007, it will not accept as representatives, individuals who have not applied for a paralegal licence and who are not otherwise exempt from the licensing requirement. As of that date, worker and employer representatives are required to provide the WSIB with confirmation of their licensing status for all WSIB matters.
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