In an unusual development, a director of a medium-sized company
has been personally found guilty and fined under the Occupational
Health and Safety Act. The company's Internet site states
that its field personnel include a dozen full time project
superintendents, suggesting a medium-sized company. Most
directors fined in the past have been in a hands on role with a
In 2008, a worker fell from a cement pier while dismantling a
guardrail system in Field, Ont. The worker suffered head and leg
injuries, and was sent to hospital.
Bélanger Construction (1981) Inc. and R.M.
Bélanger Limited were found guilty of a total of four
charges under the Occupational Health and Safety Act relating
to fall protection, and were fined $290,000 in total plus the 25%
Victim Fine Surcharge.
The companies' director, Ronald Bélanger, was fined
$10,000 in relation to the same incident plus the Victim Fine
Surcharge. He was found to have failed as a director to ensure
that both companies complied with the provisions of the
Occupational Health and Safety Act and its regulations.
The Ministry of Labour's press release states that the court
found that the worker was not protected by fall protection of any
kind, and that three other workers at the construction project
were similarly unprotected. The press release says that there
was a lack of equipment for each worker on the job, as well as a
lack of proper care and inspection of existing safety equipment.
The court also found that the supervisor on site was
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Back in July 2012, we covered "PVYW v Comcare" (No 2),  FCA 395, which concerned an employee in the HR department of an Australian government agency who was injured on a work-related trip to a country town in New South Wales.
The employee, Ashworth, alleged that the manager demanded that she close the door and then positioned herself in front of the closed door and started screaming and pointing her finger in the employee’s face.
A discussion on the judicial decision in a recent case, where a BC employer has successfully defended a claim for constructive dismissal despite taking away supervisory duties and moving the employee from an office to a cubicle.