Many amputations and fatalities occur while machinery or dangerous equipment is being repaired or maintained. The OHS laws’ lockout requirements are designed to ensure that machinery and other dangerous equipment are shut off, de-energized and locked out during servicing and repairs. Unfortunately, workers often ignore these safeguards and work on or near equipment without locking [...]... Read more

Respect for the law is a fundamental value in our society. But it’s not an absolute value. In some situations, breaking a law can serve a higher purpose. For example, it may be necessary to drive through a red light to get a dying person to the hospital. These principles may also apply to environmental [...]... Read more

The federal Transportation of Dangerous Goods Act (TDGA) and the provincial/territorial equivalents set various requirements for the safe transportation of dangerous goods on the roads and rails and through the air. For example, to ensure that dangerous goods can be easily identified, they must bear designated safety marks and be accompanied by certain documents. But [...]... Read more

Officers and directors aren’t automatically liable just because their companies commit an environmental offence. They may be held personally liable for such offences under three theories: 1) They may be liable as principals—that is, the people who actually committed the act or failed to act when legally required to do so; 2) they may be [...]... Read more

The federal Transportation of Dangerous Goods Act (TDGA) and the provincial/territorial equivalents set various requirements for the safe transportation of dangerous goods on the roads and rails and through the air. For example, to ensure that dangerous goods can be easily identified, they must bear designated safety marks and be accompanied by certain documents. But [...]... Read more

Is One Racist Comment Enough to Poison the Work Environment? It’s almost a law of physics: At every workplace there’s at least one idiot who will at some point make a racial or ethnic slur. One species of idiot is motivated by racism and the intent to offend; the second and more common is the good [...]... Read more

Workers’ compensation provides benefits for injured workers and prevents them from being sued for injuries they cause to co-workers and others. But these protections apply only to injuries suffered in the course of employment. Injuries that take place while workers are carrying out their job duties are clearly work-related. But what if a worker is [...]... Read more

One of the most common hazards in industrial workplaces are pinchpoints in machinery. Workers’ limbs or clothing can get entangled in these areas and pulled into the machinery, causing serious injury or even death. That’s why the OHS laws generally require guards on machinery to protect workers from contact with moving parts. But are physical [...]... Read more

There’s a growing body of evidence demonstrating that an organization’s “safety culture” has an impact on its safety performance. But what gets less attention is how a company’s safety culture affects its liability for safety offences. In fact, there does appear to be a relationship between safety culture and OHS liability. Courts may consider the [...]... Read more

Canada’s OHS laws are based on the internal responsibility system in which all workplace stakeholders—from company owners to floor workers—must play a role in ensuring a healthy and safe workplace. It’s no surprise that supervisors are included in this group. In fact, the role of the supervisor is so important that seven jurisdictions—BC, MB, NT, [...]... Read more