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Searching Content indexed under Personal Injury by Adrian Miedema ordered by Published Date Descending.
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1
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.
Canada
26 Jul 2016
2
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.
Canada
12 Jul 2016
3
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.
Australia
8 Jun 2016
4
$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.
Canada
17 May 2016
5
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.
Canada
11 Apr 2016
6
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.
Canada
19 Feb 2016
7
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.
Canada
11 Feb 2016
8
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.
Canada
18 Jan 2016
9
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.
Canada
31 Dec 2015
10
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
11
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.
Canada
17 Nov 2015
12
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.
Canada
29 Oct 2015
13
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.
Canada
18 Sep 2015
14
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.
Canada
13 Aug 2015
15
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.
Canada
23 Jul 2015
16
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.
Canada
29 Jun 2015
17
"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.
Canada
24 Jun 2015
18
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.
Canada
28 May 2015
19
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.
Canada
8 May 2015
20
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.
Canada
11 Feb 2015
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