Dentons

International Top 30 position: 4

‘Everyone just knew’ was not a defence to OHSA charges: court

By Adrian Miedema

An employer’s assertion that ‘everyone just knew’ the safety rules was not a defence to charges under the Occupational Health and Safety Act (OHSA), an Ontario court has held. The employer’s ‘casual, oral practice’ — without a written policy — was not enough.

Anray Ltd, an excavating contractor, engaged one Marr to transport an excavator. Marr stopped an employee, Kaczynski, who was in the middle of loading the excavator onto Marr’s truck so Marr could clean the excavator’s treads. The employee left Marr to do the cleaning, after which Marr hopped in the excavator and tried to load it onto the trailer. The excavator slid off the side of the trailer. Marr was injured.

The Ministry of Labour charged Anray under the OHSA with failing to ensure that the excavator was moved in a safe manner…

Click on the link below to read the rest of the Dentons briefing. 

Sign in or Register to continue reading this article

Sign in

Register

It's quick, easy and free!

It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.

Register now

Why register to The Lawyer

 

Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.

 

Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.

 

Email newsletters

Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.

More relevant to you

To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.

Briefings from Dentons

View more briefings from Dentons

Analysis from The Lawyer

View more analysis from The Lawyer

Overview

1 Fleet Place
London
EC4M 7RA
UK
http://www.dentons.com/

Turnover (€m): 209.5
Lawyers: 760
Partners: 183
Jurisdiction: Europe

Jobs