The purpose of incident investigations is to determine the root cause of the incident and identify corrective actions necessary to prevent it from happening again. The OHS laws of most jurisdictions require the JHSC (or safety representative) to participate in investigations. But what exactly is the JHSC’s role in an incident investigation? For example, must [...]... Read more

Although random drug testing is illegal and random alcohol testing is problematic, it’s generally acceptable to test workers for either substance after they’ve been involved in a workplace incident. Post-incident testing is especially justifiable when the worker to be tested occupies a safety-sensitive position, such as forklift driver, or works in a safety-sensitive industry, such [...]... Read more

Companies aren’t the only ones that can get into trouble for OHS violations. Supervisors also have health and safety responsibilities and face the risk of prosecution and fines under OHS laws. Supervisor liability for safety violations isn’t just a theory. Supervisors are being prosecuted and fined with increasing regularity across Canada. A recent case reinforces [...]... Read more

You can’t open a newspaper or go to a news website without reading about yet another study on the dangers of using cell phones while driving. But despite these seemingly obvious hazards, drivers continue to make calls, send texts and email and search the web while behind the wheel. Several Canadian jurisdictions have finally said [...]... Read more

In August, the government of Newfoundland/Labrador unveiled new OHS regulations. In drafting the new regulations, it consulted with industry, labour, employers, government departments and anyone interested in workplace safety. The consensus: The old regulations were outdated and didn’t reflect current safety practices. In addition, there was a need to improve regulation of certain high-risk activities. [...]... Read more

Investigating safety incidents is a key part of a safety coordinator’s job. Once your investigation ends, you must report your findings to management and others within the company so they can take appropriate steps to ensure that a similar incident doesn’t happen in the future. However, your internal incident report may reveal things that your [...]... Read more

Historically, most workers’ comp claims have been for physical injuries, such as broken bones, and occupational illnesses, such as black lung disease. But these days, an increasing number of claims are being filed for mental illnesses and disorders that weren’t originally contemplated by workers’ comp, such as depression and post-traumatic stress. Some jurisdictions have changed [...]... Read more

A basic principle of due diligence is that employers must take reasonable steps to prevent foreseeable incidents. What makes an incident foreseeable isn’t what a company actually foresaw but what a reasonable person in those circumstances would have foreseen. In applying this standard, courts have to be careful not to engage in hindsight and conclude [...]... Read more

All employers in Canada have a duty to prevent and protect workers from violence. The OHS laws impose this obligation in one of two ways. In seven jurisdictions—Fed, AB, BC, MB, NS, PEI and SK—the OHS laws specifically say employers must take steps to address workplace violence. (Québec requires employers to prevent “workplace psychological harassment,” [...]... Read more

On Feb. 13, 2009, the Canadian Standards Association (CSA) finally published its long-awaited electrical safety standard in accordance with the Canada Electrical Code and other Canadian requirements. Here’s an overview of CSA Z462.... Read more