Ontario workplace fatalities could now result in a
"de-identified" posting on the Ministry of Labour's
website, even before Occupational Health and Safety Act
charges are laid.
The postings provide a brief description of the incident, and
then list occupational health and safety "Resources" in
relation to the incident. Employers could view the
"resources" as pointing to the types of OHSA charges that
the Ministry might lay. The Ministry, possibly having considered
that point, states, "Please note that at the time this
information is published on this page, the Ministry has not
made any final determinations with respect to the
fatality. The postings are developed with the intention of
safeguarding the privacy of individuals involved and the integrity
of MOL investigation [sic] and any possible legal
proceedings." [bolding is the MOL's]
An example of a recent posting is as follows:
Date of Incident: February
2016 Location: Central Ontario Posted: February 24, 2016
Individual was struck by
mobile equipment at industrial site. Individual later succumbed to
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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.
A former teacher at Bodwell High School has learned a valuable lesson from the B.C. Human Rights Tribunal— it is not discriminatory for an employer to offer child-related benefits to only employees with children.
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.
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