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MoL inspector’s grievance gives glimpse into MoL’s after-hours accident response process

By Adrian Miedema

Ministry of Labour (MoL) managers have discretion as to whether to send out an inspector when an employer calls after-hours about a workplace accident, a recent decision suggests.

A MoL inspector filed a grievance under his collective agreement claiming that when a call regarding a workplace injury came in at 17:15, the call should have been referred to him and not the on-call MoL manager. The manager had determined that there was no need to send an inspector to the workplace that night. The accident involved a broken bone which was a ‘critical injury’ (a worker lost her footing and jumped down the last three stairs) under the Occupational Health and Safety Act.

The inspector claimed that he would have gone to the workplace, at least to ‘secure the site’, and would have earned ‘premium pay’ for his time spent on the visit…

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