Articles
Practical notes on Ontario health and safety and employment law for employers, supervisors and HR.
What counts as a confined space in Ontario?
How to tell whether a space meets the Confined Spaces Regulation's definition, with the Ministry of Labour's position on human occupancy, small openings and restricted spaces.
How a JHSC should prepare for a workplace inspection
What the Occupational Health and Safety Act requires of JHSC inspections, and the knowledge and tools inspectors need before they start.
Ending a fixed-term contract early can be costly
In Howard v. Benson Group Inc., a vague termination clause left an employer owing the balance of a 5-year contract, with no duty on the employee to mitigate.
Bill 132 and workplace sexual harassment: best practices for employers
What Bill 132 changed in the Occupational Health and Safety Act, and the policies, training and investigation procedures employers need as a result.
The duty to accommodate doesn't require removing essential duties
A Human Rights Tribunal of Ontario case on whether an employer had to let an injured store manager turn customers away.
Double jeopardy applies to employee discipline
In Garreton v. Complete Innovations Inc., an employer that suspended an employee and then fired her for the same incident owed 5 months' notice.
Are workplace investigations by lawyers privileged?
Two arbitration decisions show that hiring a lawyer to investigate doesn't guarantee the report stays confidential, and how employers lose privilege.
JHSC certification: Part One, Part Two and refresher training
How a joint health and safety committee member becomes certified under the Chief Prevention Officer's training standards, and what each part covers.
WHMIS 2015: what changed and what employers must train on
How WHMIS 2015 (GHS) differs from WHMIS 1988, why it improves safety, and the worker training employers must provide when products arrive with new labels and SDSs.
Family status accommodation: what employers need to know
Requests to accommodate childcare and eldercare are rising. Three competing legal tests, and an Alberta arbitration, show why employers must handle them carefully.
Mandatory health and safety awareness training for workers and supervisors
Since July 1, 2014, every Ontario worker and supervisor must complete basic health and safety awareness training. What it covers, who is exempt and what records to keep.
Managers can be personally liable for workplace harassment
In Farris v. Staubach Ontario Inc., two manager-owners were held personally liable for failing to deal with harassment. Here is what happened and why it matters.
Duty to accommodate: what does "disability" actually mean?
The duty to accommodate applies to a disability, not every ailment. A labour board decision explains where the line is.
Ministry of Labour inspections: what to expect
Who health and safety inspectors are, their powers under section 54 of the OHSA, what happens during a visit, and how to dispute or appeal an order.
What are a supervisor's health and safety responsibilities?
Hiring a supervisor doesn't relieve an employer of its duty to keep the workplace safe. What reasonable supervision looks like.
Can you dismiss an employee for cause because of poor performance?
You can, but only if you set clear standards, warn the employee in writing and give them time to improve. Why most employers' files don't support it.
Employee benefits during the notice period
When you terminate without cause, you must continue benefits through the notice period, even if your insurer won't. What that means under statute and common law.
How to control the cost of a workplace accident
The orders, charges, WSIB costs and re-employment duties that follow a workplace accident, and the everyday practices that limit your liability.
Investigating workplace harassment complaints in Ontario
How to investigate a harassment complaint in a way that follows your own policy, stands up to scrutiny and actually ends the conflict.
Five health and safety due diligence mistakes
Common reasons an employer's due diligence defence fails, from paperwork that incriminates you to hazards nobody reported.
Five tips for effective WSIB claims management
Report on time, stay in touch with the injured worker, offer suitable work early, monitor recovery and appeal decisions you disagree with.
How to conduct a proper workplace investigation
Why flawed or biased investigations get employers into trouble, when to bring in an outside investigator, and a checklist for getting it right.
Ten common safety committee problems and how to fix them
From no volunteers to meetings that go nowhere: practical fixes for the problems joint health and safety committees run into most.
How project owners can avoid constructor liability
Under Ontario's OHSA, a project owner who takes too much control of a construction project can become the constructor, with all the duties that come with it.
Termination, layoff, cause and severance: the terms explained
Plain definitions of the words used when employment ends in Ontario, and which payments on separation are employment income and which are retiring allowances.
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