A supervisor with an asbestos abatement company, and his
employer, have pleaded guilty to charges under the Occupational
Health and Safety Act and were fined, after workers were
exposed to asbestos dust on a job site.
The supervisor was fined $4,000.00 after pleading guilty to
failing to ensure workers used protective clothing and
Three workers were working on an asbestos abatement project at a
single-family home. The abatement area was enclosed. In that area,
certain asbestos containing materials had been removed and there
was an asbestos dust hazard present.
A Ministry of Labour inspector attended and conducted an
inspection. The inspector found one of the workers exiting the
enclosed area wearing street clothing. Two other workers were found
inside the enclosed area not wearing protective clothing; one was
performing clean-up and the other was securing bags filled with
The Ministry of Labour, in its press release, states that
"There is potential for harm when workers and others are
exposed to even small amounts of asbestos."
The company pleaded guilty to failing to ensure that only
persons wearing protective clothing and equipment enter a work area
where there is an asbestos dust hazard. The company was fined
The Ministry of Labour generally does not put out a press
release for cases involving a fine of less than $50,000.00. It
appears from this and other press releases in asbestos cases,
though, that the MOL may make an exception for cases involving
The Ministry of Labour's press release may be read
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On Thursday, September 22, 2016, Dentons hosted a panel discussion about the management of liabilities and risks associated with environmental crises, including potential liabilities for directors and officers and provided insight into risk and liability techniques associated with environmental crisis management.
Unfortunately, reasonable accommodation for employees in the workplace continues to be the source of significant litigation and even today we continue to see outrageous examples of employers behaving badly.
We are now beginning to see reported cases involving charges and subsequent fines laid against employers for failing to provide information, instruction and supervision to protect a worker from workplace violence.
On October 13, 2016, the Supreme Court of Canada denied leave to appeal an Ontario Court of Appeal decision which ordered an employer to pay a former employee 37 months of salary and benefits following termination.
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