Searching Content indexed under Personal Injury by Adrian Miedema ordered by Published Date Descending.
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Unauthorized Supervisor Decided To "Solve The Problem Himself", Caused Accident – OHSA Charges Against Company Dismissed
An employer has beat occupational health and safety charges laid after its supervisor caused an explosion when he defied instructions and took it upon himself to use a torch to thaw ice that had accumulated in a culvert.
26 Jul 2016
Court Throws Out MOL Evidence Due To Late Disclosure, Notice In OHSA Prosecution
An Ontario judge has thrown out laser scan evidence due to the Ontario Ministry of Labour's late disclosure and late notice to defence counsel that the MOL intended to present that evidence in court.
12 Jul 2016
Australian Employee Wins Workers Compensation Benefits After Coworker Takes Covert Photographs Of Her
An Australian employee has won her bid for workers' compensation benefits for psychological injury after she learned that a coworker had taken covert photographs of her.
8 Jun 2016
$250,000 Fine Against School Board May Be Largest-Ever Against Not-For-Profit Organization In Ontario
A school board has been handed a $250,000 fine under the Ontario Occupational Health and Safety Act after the death of maintenance worker.
17 May 2016
Ontario MOL Now Posting "De-Identified" Information On Fatalities Online, Even Before OHSA Charges Laid
The postings provide a brief description of the incident, and then list occupational health and safety "Resources" in relation to the incident.
11 Apr 2016
Waiver Was Unenforceable Under WSIA, Employee Entitled To Sue Employer After Workplace Injury
An Ontario employee has won the right to sue his employer for damages for an injury suffered at work. An appeal court decided that a waiver he signed was unenforceable.
19 Feb 2016
Criminal Negligence Causing Death Charge Against Auto Mechanic Reinstated By Appeal Court
A charge of criminal negligence causing death against an auto mechanic may proceed, the Ontario Court of Appeal has decided, holding that it was possible that a reasonable jury could find that the mechanic was a "significant contributing cause" of a woman's death.
11 Feb 2016
Summary Of Judge's Reasons For Giving Kazenelson, "Unquestionably A Person Of Good Character", A 3 1/2 Year Jail Sentence For Criminal Negligence
The judge's reasons for sending Metron Construction's project manager, Vadim Kazenelson, to jail for criminal negligence are now available here.
18 Jan 2016
Criminal Negligence Conviction For Landlord Who Disregarded Fire Code Violations, Deceived Fire Inspector
An appeal court has upheld the conviction of a landlord for criminal negligence causing death after numerous Fire Code violations led to a tenant's death.
31 Dec 2015
Worker's Fainting At Sight Of His Own Blood Was "Work-Related": U.S. OSHA
Because the employee fainted, OSHA determined that the fainting spell was work-related.
United States
1 Dec 2015
Employee Required To Produce His Medical File To Employer In Accommodation Grievance
The employee suffered a non-occupational injury and was off work for approximately seven months.
17 Nov 2015
Post-Accident Remedial Measures Were A "Small Bit Of Common-Sense Engineering", Relevant Evidence In Finding Company Guilty Of OHSA Offences
An employer's post-accident efforts to fix a safety issue were relevant to the issue of whether it had violated the Occupational Health and Safety Act at the time of the accident, an Alberta judge has held.
29 Oct 2015
Business Owner Facing Criminal And Provincial Charges In Workplace Death
Both the RCMP and provincial health and safety officials have laid charges against an owner of a body shop in Dartmouth, Nova Scotia after a worker died.
18 Sep 2015
Two Superintendents Fined For OHSA Violations In Scissor Lift Fatality
The superintendents were on the jobsite at the time of the accident and supervising the task of insulating the overhead water pipe.
13 Aug 2015
MOL Engineer Not Qualified To Give Expert Evidence: He Was Too Involved In The Investigation, Too Closely Identified With Prosecution At Trial
An Ontario judge has refused to permit a professional engineer employed with the Ontario Ministry of Labour to testify as an expert in a health and safety prosecution.
23 Jul 2015
Project Manager For Metron Construction Convicted Of Criminal Negligence In Christmas Eve Fatalities. Three Individuals And Two Companies Now Convicted
As we previously reported, the total of safety fines imposed for the December 24, 2009 swing stage collapse fatalities is $1,240,000.
29 Jun 2015
"Creative Sentence" Imposed For OHSA Violation: Company Must Give 150 Hours Of Safety Presentations On Case, Plus Pay Fine
A Nova Scotia court has imposed a "creative sentence" for a violation of the Occupational Health and Safety Act, requiring the company to make safety presentations in addition to paying a fine.
24 Jun 2015
Former Safety Manager Charged In U.S. Workplace Death
A former Safety Manager in California is among those charged with "willfully violating worker safety rules", allegedly causing the death of a worker.
28 May 2015
Injured Worker’s Act Was Not Foreseeable: OHSA Charges Against Employer Dismissed
The Ministry of Labour charged the employer with failing to ensure that the spindle was moved safely and failing to properly train the injured worker.
8 May 2015
OHSA Charges Dismissed: Not Appropriate For MOL To Charge Under "General Duty" Clause Where Specific Regulation Addressed Safety Issue
In the case at hand, a worker had been welding a large steel product, approximately 6.5 feet off the ground, standing on planks atop A-frame steps.
11 Feb 2015
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