Occupational Health and Safety Act | MacLeod Law Firm

Is Refusing a COVID Vaccine Just Cause for Termination?

MacLeod Law Firm — Thu, 02 Sep 2021 05:00:03 +0000

Your employer has implemented a mandatory COVID vaccine policy. You do not want to get vaccinated. Your employer has told you you will be terminated for just cause if you don’t get vaccinated. This blog discusses your legal rights and obligations. You are required to work in compliance with the Occupational Health & Safety Act (“OHSA”) which, among other things, promotes the prevention of…

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Workplace Bullying: Does My Employer Have To Intervene?

MacLeod Law Firm — Thu, 17 Sep 2020 20:48:03 +0000

Workplace Bullying: Does My Employer Have To Intervene? Have you experienced workplace bullying or harassment? Did you know that your employer has an obligation to investigate any complaint of bullying or harassment you make regardless of whether or not you file a formal complaint? In fact, simply stating that you are feeling attacked or bullied could trigger the employer’s duty to investigate.

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Workplace Investigations under the Occupational Health and Safety Act

MacLeod Law Firm — Tue, 11 Dec 2018 14:46:07 +0000

The Occupational Health and Safety Act (OHSA) imposes several obligations on employers to investigate complaints of workplace harassment. When there is an incident or complaint of workplace harassment, OHSA requires the employer to conduct an investigation that is appropriate in the circumstances. An employer has a legal obligation to make the workplace safe so if there is any indication of…

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Don’t Let Cannabis Laws Leave You Dazed and Confused

Doug MacLeod — Tue, 17 Jul 2018 15:03:25 +0000

In October, smoking or ingesting cannabis will be legal in Canada. Does your business have policies and procedures in place to handle this transition? The federal government has passed legislation that will make cannabis legal, giving the provinces power to control how it will be used and sold. This historic change is likely to lead to a significant increase in cannabis consumption.

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Employment Law Update: Mid-Year Report

Doug MacLeod — Tue, 26 Jun 2018 19:34:39 +0000

In this blog, as we enter the dog days of summer, I will review five current trends and developments in Ontario’s employment laws. 1. A New Sheriff is in Town: The PC party has replaced the Liberal party as Ontario’s governing party I anticipate this change in government will result in less government regulation of Ontario’s workplaces. During the election campaign, Doug Ford promised not to…

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Are All Employment & Labour Lawyers Created Equal?

Doug MacLeod — Wed, 04 Apr 2018 12:47:54 +0000

Are there many employment & labour lawyers in Ontario? There are many employment & labour lawyers working in Ontario – especially in large urban centers like Toronto. I go to a Christmas party each year that is attended by about 150 employment & labour lawyers and it is always sold out. Every employment and labour lawyer, however, is unique. Your challenge is to find the lawyer that best suits…

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Sexual Assault and Sexual Harassment At Work

Nicole Simes — Thu, 25 Jan 2018 21:30:35 +0000

In the wake of workplace sexual assault allegations against Patrick Brown, I continue to reiterate what employers of any kind can do to try and prevent and discourage sexual harassment and sexual assault at work. Given the context of the recent allegations, the first point appears particularly important. 1. As individuals, rethink flirting, compliments, or seeking romantic relationships at work.

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What does “failing to take every precaution reasonable in the circumstances for the protection of a worker” mean?

Doug MacLeod — Fri, 19 Jan 2018 15:03:28 +0000

When the Ministry of Labour lays charges under the Occupational Health and Safety Act (“OHSA”) after a workplace injury it often includes a charge under section 25(2)(h) of OHSA which states that an employer is required to “take every precaution reasonable in the circumstances for the protection of a worker”. A recent case, Ontario (Labour) v. Quinton Steel (Wellington) Limited…

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Employer Alert: Change to WSIA as of January 1, 2018

Doug MacLeod — Tue, 16 Jan 2018 04:23:03 +0000

As of January 1, 2018, an employee can claim workers compensation benefits for chronic or traumatic mental stress that is predominantly caused by workplace harassment In May 2014 I blogged about an administrative tribunal case which concluded that subsections 13 (4) and (5) of the Workplace Safety and Insurance Act (WSIA) were unconstitutional. January 1, 2018 Change to WSIA On January 1…

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Due Diligence and Why It’s Important

MacLeod Law Firm — Mon, 15 Jan 2018 16:44:24 +0000

Employers have various obligations under the Occupational Health and Safety Act (“the OHSA”), including the very broad, catch-all duty to take every reasonable precaution in the circumstances to protect workers. When there is a workplace accident, the Ministry of Labour will often charge the employer with violating this general duty. Violations of the OHSA are “strict liability” offences…

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