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Occupational Health & Safety

Exec not acting in employment-related capacity when he massaged employee's neck; civil claim can proceed

Jurisdiction: - Ontario

In Decision No. 727/13, 2014 ONWSIAT 1128, the Ontario Workplace Safety and Insurance Board Appeals Tribunal ("WSIB) ruled that an executive was not acting in an employment-related capacity when he massaged an employee's neck. As such, the employee's right to sue the executive was not removed by the Ontario Workplace Safety and Insurance Act and her civil claim against the executive could proceed.

The case summary provides a follows:

The plaintiff brought an action against her employer and an executive officer of the employer. The defendants applied to determine whether the plaintiff's right of action was taken away.  read more »

WorkSafeBC announces latest administrative penalties imposed on British Columbia employers

Jurisdiction: - British Columbia

WorkSafeBC issued a news release today concerning the latest administrative penalties imposed on employers. Of note:  read more »

WorkSafeBC approves 3 new OHS workplace bullying and harassment policies to be effective November 1, 2013

Jurisdiction: - British Columbia

WorkSafeBC has recently added the following announcement to its website:

At its March 2013 meeting, WorkSafeBC's Board of  Directors approved three new OHS workplace bullying and harassment policies:

  • Employer Duties - Workplace Bullying and Harassment - D3-115-2
  • Worker Duties - Workplace Bullying and Harassment - D3-116-1
  • Supervisor Duties - Workplace Bullying and Harassment - D3-117-2

The Board of Directors' resolution is available for reference.

Sections 115, 116 and 117 of the Workers Compensation Act set out the general duties of employers, workers, and supervisors respectively. The new policies have been developed to clarify the obligations of employers, workers, and supervisors regarding preventing, where possible, or otherwise minimizing workplace bullying and harassment.  read more »

Heenan Blaikie analyses CSA's "Standard for Psychological Health and Safety in the Canadian Workplace"

In a November 3, 2011 post I reported that the Canadian Standards Association was commencing consultations on the development of a voluntary "National Standard of Canada for Psychological Health and Safety in the Workplace".

Two lawyers at Heenan Blaikie - Cheryl A. Edwards and  Shane Todd - have now published a detailed analysis of the standard that can be found here: "National Standard for Psychological Health and Safety in the Canadian Workplace Released".

The analysis was published the firm's January 24, 2012 OHS & Workers Compensation Management Update publication.