Sunday, 24 February 2008 19:00
Machine guarding needs strict compliance
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.
Published in
Hygiene Columns
Thursday, 10 April 2008 06:37
Reasonable defence for reasonable belief
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.
Published in
Legal Columns
