Law Files

UNDER THE RADAR
By Greg Burchell
Public transit workers in Toronto may soon be subject to random alcohol and drug testing as the city's transit service was given the green light to expand testing for employees in safety-sensitive positions. (Dec 2011)


WHAT LIES BENEATH
By Greg Burchell
Excavating and trench work can be like diving into murky water: no one knows exactly what lies below the surface and will never know without getting wet. (Oct/Nov 2011)


BEYOND ESTABLISHED BORDERS
By Dan Birch
Representatives for a popular vacation resort in Ontario plan to again appeal a directive for the business to notify the Ministry of Labour of all critical injury and fatality incidents involving non-workers. (Jul/Aug 2011)


COURT CLARIFIES JHSC COVERAGE
By Dan Birch
The Court of Appeal for Ontario has weighed in on the meaning of “regularly employed” workers under the Occupational Health and Safety Act, and that opinion may have implications for when joint health and safety committees are required. (June 2011)


LONG STORY SHORT
By Dan Birch
A professional engineer facing a charge under Ontario’s Occupational Health and Safety Act came out on top during a recent showdown between individual rights and the public interest. (March 2011)


RIGHTS AND WRONGS
By Dan Birch
The Human Rights Tribunal of Ontario seems to be a more frequent stop for injured workers with accommodation concerns since changes to the provincial human rights system were adopted two years ago. (Dec 2010)


SEEING THE POSSIBILITIES
By Emily Landau
It is often said that hindsight is 20/20. Foresight, however, may be a little less reliable. (Oct/Nov 2010)


COURT ADJOURNED
By Emily Landau
It has taken 18 years and three court rulings since a deadly explosion at a Northwest Territories mine to get a final answer on whether or not surviving family members of the deceased workers should receive damages. (Apr/May 2010)


A FIRM FOOTING ON CHANGE
By Dan Birch
It has been around for more than 40 years and has undergone multiple revisions. But now the Canadian standard for gear at the foot of personal protection, the safety boot, is receiving yet another shine. (March 2010)


KNOW YOUR SURROUNDINGS
By Dan Birch
Canada - with its distinctive attribute of sea to sea to sea - demands a sharp eye from employers looking to stay on the right side of occupational health and safety requirements found in various jurisdictions. (Jan/Feb 2010)


HANDS-OFF DOCUMENTS
By Dan Birch
The story has all the makings of a compelling Hollywood flick: a confidential, privileged report a company had been assured would be destroyed finds its way into the hands of a provincial inspector and a Crown prosecutor after a meeting with a company insider. (Dec 2009)


TAKING A BROADER VIEW
By Dan Birch
Tunnel vision - the term can carry hefty negative connotations. That is certainly the case when it comes to occupational health and safety, where failure to consider anything but what’s directly ahead can be hazardous indeed. (Sep 2009)


CHANGING THE LOOK OF VIOLENCE
By Dan Birch
Theresa Vince, Pierre Lebrun and Lori Dupont - their names have become synonymous with work-related violence, harassment or both. (Jul/Aug 2009)


GIANT MINE SAGA NEARS END
By Andrew D'Cruz
The widows of nine workers killed in a deliberately set explosion during a hard-fought labour dispute at Yellowknife's Giant Mine have asked Canada's highest court to decide, once and for all, what compensation they should receive for their ultimate losses. (March 2009)


DUE TO DILIGENCE MORE THAN STANDARD
By Mary Beth Currie
Does compliance with an industry standards equal due diligence? A ruling out of Ontario has added a new twist.


RIGHTING AN OLD WRONG
By Cheryl A. Edwards and George Parris
It may be the most important legal development in health and safety prosecutions since R. v. Sault Ste. Marie established the defence of due diligence -- and it may have a bigger and more immediate impact.


DISCIPLINE FOR SAFETY INFRACTIONS (OR FACE THE CONSEQUENCES)
Cheryl A. Edwards (Stringer Brisbin Humphrey)
(The due diligence implications of enforcing safety
practices through discipline, Jan/Feb, 2000)


DOOMED IF YOU DON'T
Peter Strahlendorf
(Supervisory due diligence and the law, Jan/Feb, 1998)


DELEGATING SAFETY?
Cheryl A. Edwards (Stringer Brisbin Humphrey)
(The legal requirements for the health and safety of workers
of contractors, July/August, 2000


LIABLE FOR THE CONSEQUENCES?
Norman Keith
(Can a safety professional be held liable for bad advice? Aug/Sept, 1998)


Stringer Brisbin Humphrey • MANAGEMENT LAWYERS • sbhlawyers.com