Table of Contents. Volume1

Size: px

Start display at page:

Download "Table of Contents. Volume1"

Virginia O’Connor’
6 years ago
Views:

1 Table of Contents Volume1 Page Preface v List of Charts LC-1 Contents Checklist CL-1 Table of Cases TC-1 Table of Statutes and Regulations TS-1 New Developments NDC-1 May 2015 May ND4-1 A. Court Decisions ND4-2 (i) Civil Decisions ND4-2 (ii) Criminal Decisions ND4-5 B. Boards and Tribunals ND4-9 (i) Ontario Labour Relations Board ND4-9 (ii) Public Service Labour Relations and Employment Board ND4-12 (iii) Canada Occupational Health and Safety Tribunal... ND4-13 June 2014 May ND3-1 A. Court Decisions ND3-2 (i) Civil Decisions ND3-2 (ii) Criminal Decisions ND3-4 B. Boards and Tribunals ND3-12 (i) Ontario Labour Relations Board ND3-12 (ii) Canadian Public Service Labour Relations Board... ND3-18 (iii) Canada Occupational Health and Safety Tribunal... ND3-18 September 2013 May ND2-1 A. Court Decisions ND2-2 (i) Civil Decisions ND2-2 (ii) Criminal Decisions ND2-4 B. Boards and Tribunals ND2-11 (i) Ontario Labour Relations Board ND2-11 (ii) Canadian Public Service Labour Relations Board.. ND2-22 (iii) Canada Occupational Health and Safety Tribunal.. ND2-22 January 2013 September ND1-1 A. Court Decisions ND1-2 C-1 August 2016

2 CANADIAN HEALTH AND SAFETY LAW (i) Civil Decisions ND1-2 (ii) Criminal Decisions ND1-5 B. Boards and Tribunals ND1-8 (i) Ontario Labour Relations Board ND1-8 (ii) Canadian Public Service Labour Relations Board.. ND1-17 (iii) Canada Occupational Health and Safety Tribunal... ND1-18 Related Articles RA-i Blue Mountain Wins at Court of Appeal: Decision Clarifies Reporting Requirements for Non-worker Critical Injuries in Ontario RA-1 Will the Threat of Jail Really Improve Workplace Safety? RA-5 OHS Officials Not Immune to Corruption RA-11 Bill C-45 Ten Years Later! RA-15 It s Complicated: The Relationship between Workplace Violence and Mental Health RA-21 Chapter 1 INTRODUCTION :10 Origins of Canadian Health and Safety Law :20 Division of Legislative Powers :30 The Role of Statutes, Regulations and Industry Standards :40 Policy Models :50 Internal Responsibility System :60 Limitations of the Law in Preventing Accidents :70 Accident and Injury Statistics :80 Bill C-45 Amendments to the Criminal Code :90 Occupational Health and Safety Legislation in Non-Canadian Jurisdictions :90.1 United States :90.2 United States of America Recent Trends :90.3 International Trends in Occupational Health and Safety Law Enforcement :90.3(1) Europe/Middle East/Africa :90.3(1)(a) Denmark :90.3(1)(b) Germany :90.3(1)(c) United Kingdom :90.3(2) Asia/Pacific Rim :90.3(2)(a) Japan :90.3(2)(b) India :90.3(2)(c) China :90.3(2)(d) Australia :90.3(3) Americas :90.3(3)(a) Brazil :90.3(3)(b) Chile C-2

3 TABLE OF CONTENTS Chapter 2 JOINT HEALTH AND SAFETY COMMITTEES AND REPRESENTATIVES :10 Introduction :20 Health and Safety Representatives :30 Joint Health and Safety Committees :30.1 What Is a Joint Health and Safety Committee? :30.2 The Nature of the Joint Health and Safety Committee :30.3 Threshold Requirements for Committees :30.4 Purpose of a Committee :30.5 Composition of a Committee :30.6 Committee Meetings :30.7 Authority of Committees [The next page is C-3] C-2.1 August 2016

4 TABLE OF CONTENTS 2:40 Special Provisions :40.1 Policy Committees: A Federal Initiative :40.2 Certified Members: The Ontario Experiment :50 Legal Immunity of Committee Members :60 Committees and Due Diligence :70 Assessing Committees :70.1 Assessing the Effectiveness of Committees :70.2 Improving the Effectiveness of Committees Chapter 3 WORKPLACE DUTIES AND RESPONSIBILITIES :10 Establishing Legal Duties of Workplace Parties :20 Overlap of Legal Duties and Responsibilities :30 Relative Importance of Stakeholder Duties :40 Employer Duties and Responsibilities :40.1 Definition of Employer :40.2 Canadian Jurisdictional Employer Duties :40.2(1) Federal jurisdiction :40.2(2) British Columbia :40.2(3) Alberta :40.2(3)(a) Duty to provide a safe work environment :40.2(3)(b) Duty to educate and train workers :40.2(3)(c) Duty to provide workers with written instructions :40.2(3)(d) Duty to have occupational health and safety policy :40.2(3)(e) Duty to appoint competent supervision :40.2(4) Saskatchewan :40.2(5) Manitoba :40.2(6) Ontario :40.2(6)(a) Duty to provide a safe work environment :40.2(6)(b) Duty to educate and train workers :40.2(6)(c) Duty to provide workers with written instructions :40.2(6)(d) Duty to have occupational health and safety policy :40.2(6)(e) Duty to appoint competent supervision :40.2(6)(f) Duty to employ workers of legal age :40.2(6)(g) Duty to assist health and safety representatives :40.2(6)(h) Duty to comply with regulations :40.2(6)(i) Duty to post copy of statute C-3 May 2016

5 CANADIAN HEALTH AND SAFETY LAW 3:40.2(6)(j) Duty to establish an occupational health service :40.2(6)(k) Duty to keep records of biological, chemical and physical agents :40.2(6)(l) Duty to take every precaution reasonable :40.2(7) Quebec :40.2(8) New Brunswick :40.2(9) Nova Scotia :40.2(10) Prince Edward Island :40.2(11) Newfoundland and Labrador :40.2(12) Northwest Territories :40.2(13) Yukon Territory :50 Director and Officer Duties and Responsibilities :60 Supervisor Duties and Responsibilities :60.1 Federal Jurisdiction :60.2 British Columbia :60.3 Alberta :60.4 Saskatchewan :60.5 Manitoba :60.6 Ontario :60.7 Quebec :60.8 New Brunswick :60.9 Nova Scotia :60.10 Prince Edward Island :60.11 Newfoundland and Labrador :60.12 Northwest Territories :60.13 Yukon Territory :70 Worker Duties and Responsibilities :70.1 Federal Jurisdiction :70.2 British Columbia :70.3 Alberta :70.4 Saskatchewan :70.5 Manitoba :70.6 Ontario :70.7 Quebec :70.8 New Brunswick :70.9 Nova Scotia :70.10 Prince Edward Island :70.11 Newfoundland and Labrador :70.12 Northwest Territories :70.13 Yukon Territory :80 Other Workplace Stakeholders With Legal Duties :90 Notable Stakeholders Without Any Legal Duties or Responsibilities :100 Legal Liability Associated With Stakeholder Duties C-4

6 TABLE OF CONTENTS 3:110 Emergency Response Provisions in Occupational Health and Safety Legislation Across Canada :110.1 Federal :110.2 British Columbia :110.3 Alberta :110.4 Saskatchewan :110.5 Manitoba :110.6 Ontario :110.7 Quebec :110.8 New Brunswick :110.9 Nova Scotia : Prince Edward Island : Newfoundland and Labrador : Northwest Territories : Yukon Chapter 4 WORKPLACE HAZARDOUS MATERIALS INFORMATION SYSTEM :10 Introduction to WHMIS :10.1 Introduction to Globally Harmonized System of Classification and Labelling of Chemicals :10.2 International Update on GHS Implementation :20 Policy and Legislative Development of WHMIS :30 WHMIS 2015 Classification System :40 WHMIS 2015 Product Labelling :50 Safety Data Sheets :60 Education and Training :70 Protection of Trade Secrets and Confidential Business Information :80 Liability for WHMIS Contraventions :90 Effective Implementation of WHMIS Chapter 5 RIGHT TO REFUSE TO DO UNSAFE WORK :10 Workers Rights to Refuse Unsafe Work :20 Who May Refuse Unsafe Work :30 When It Is Lawful to Refuse to Work :40 Procedure to Be Followed in Work Refusal :40.1 Federal Jurisdiction :40.2 British Columbia :40.3 Alberta :40.4 Saskatchewan :40.5 Manitoba :40.6 Ontario :40.7 Quebec C-5 May 2016

7 CANADIAN HEALTH AND SAFETY LAW 5:40.8 New Brunswick :40.9 Nova Scotia :40.10 Prince Edward Island :40.11 Newfoundland and Labrador :40.12 Northwest Territories and Nunavut :40.13 Yukon Territory :50 Payment of Refusing Worker :60 Assignment of Replacement Workers :60.1 Federal Jurisdiction :60.2 British Columbia :60.3 Alberta :60.4 Saskatchewan :60.5 Manitoba :60.6 Ontario :60.7 Quebec :60.8 New Brunswick :60.9 Nova Scotia :60.10 Prince Edward Island :60.11 Newfoundland and Labrador :60.12 Northwest Territories and Nunavut :60.13 Yukon Territory :70 Certified Member Work Stoppages: The Ontario Experiment :80 Employer Discipline and Prohibition Against Reprisals :90 Frivolous Work Refusal Cases :100 Work Refusal for Personal Comfort Cases :110 Legitimate Work Refusal Cases :120 Work Refusals as Part of Due Diligence Chapter 6 REPORTING WORKPLACE ACCIDENTS AND INJURIES :10 Statutory Duty to Report Workplace Accidents :20 Policy Reasons to Report Accidents :30 Requirements for Accident Reporting :30.1 Federal Jurisdiction :30.1(1) Aircraft :30.2 British Columbia :30.3 Alberta :30.4 Saskatchewan :30.5 Manitoba :30.6 Ontario :30.6(1) Notice of death or critical injury :30.6(1)(a) Industrial establishments :30.6(1)(b) Construction projects C-6

8 TABLE OF CONTENTS 6:30.6(1)(c) Mining operations :30.6(1)(d) Health care and residential facilities :30.6(2) Notice of non-critical injury :30.6(2)(a) Industrial establishments :30.6(2)(b) Construction projects :30.6(2)(c) Mining operations :30.6(2)(d) Health care and residential facilities :30.6(3) Notice of occupational illness :30.7 Quebec :30.8 New Brunswick :30.9 Nova Scotia :30.10 Prince Edward Island :30.11 Newfoundland and Labrador :30.12 Northwest Territories :30.13 Yukon Territory :40 Differences from Workers Compensation Reporting :50 Limits of Accident Reporting Requirements :60 Government Use of Information Reported :70 Legal Liability for Not Reporting :80 Self-Incrimination Effect of Accident Reporting :90 Role of Legal Counsel Before Reporting :100 Due Diligence Implications of Accident Reporting Obligations Volume 2 Chapter 7 WORKPLACE VIOLENCE AND HARASSMENT :10 Violence and Harassment as Occupational Health and Safety Hazard :10.1 Canadian Examples :10.2 International Examples :10.3 The Problem of Workplace Violence :10.4 Canadian Statistics :10.5 Statistics from the United States :10.6 Cost of Workplace Violence :10.7 Physical, Health and Psychological Effects :10.8 Preventing and Managing the Problem :10.8(1) OC Transpo Incident :10.8(2) Lori Dupont Incident :20 Workplace Violence vs. Harassment :30 Types of Workplace Violence :30.1 Defining Workplace Violence :30.2 Legal Considerations of the Types of Workplace Violence C-7 May 2016

9 CANADIAN HEALTH AND SAFETY LAW 7:30.3 Categories of Workplace Violence :30.3(1) Violence committed by clients, patients or customers :30.3(2) Violence committed by strangers to the victims :30.3(3) Violence between or among co-workers :30.3(4) Domestic violence in the workplace :40 Causes of Workplace Violence :50 Specific Legislation Addressing Workplace Violence and Harassment :50.1 Federal :50.2 Alberta :50.3 British Columbia :50.4 Manitoba :50.5 Newfoundland and Labrador :50.6 Nova Scotia :50.7 Ontario :50.8 Prince Edward Island :50.9 Quebec :50.10 Saskatchewan :60 General Duty Clauses and Workplace Violence and Harassment :70 Criminal Code and Workplace Violence :80 Workplace Violence and Harassment Policies and Programs :90 Workplace Design, Security and Training :100 Sexual Harassment as a Workplace Safety Issue :110 Employee Discipline for Workplace Violence and Harassment :120 Managing the Violence Occurrence :120.1 An Emergency Response Plan :120.2 Developing the Plan :120.3 The Role of the Police :120.4 Critical Incident Stress :120.5 Victim Assistance Programs :120.6 Incident Reporting :120.7 Incident Investigation :120.8 Incident Evaluation and Analysis :120.9 Learning From the Experience Chapter 8 GOVERNMENT HEALTH AND SAFETY INSPECTORS :10 Establishment of Government Safety Inspectors :20 Legal Authority of Inspectors :20.1 Federal Jurisdiction C-8

10 TABLE OF CONTENTS 8:20.2 British Columbia :20.3 Alberta :20.4 Saskatchewan :20.5 Manitoba :20.6 Ontario :20.7 Quebec :20.8 New Brunswick :20.9 Nova Scotia :20.10 Prince Edward Island :20.11 Newfoundland and Labrador :20.12 Northwest Territories :20.13 Yukon Territory :30 Duty to Co-operate with Inspectors :40 Prohibition Against Obstructing Inspectors :50 Duty Not to Disturb Accident Scene Until Approved by Inspector :60 Legal Limits on Authority of Inspectors :70 Legal Immunity of Government Inspectors :80 Practical Considerations in Dealing with Inspectors Chapter 9 APPEALING GOVERNMENT INSPECTORS ORDERS AND DIRECTIONS :10 Significance of Inspectors Orders and Directions :20 Right to Appeal Inspectors Orders and Directions :20.1 Federal Jurisdiction :20.2 British Columbia :20.3 Alberta :20.4 Saskatchewan :20.5 Manitoba :20.6 Ontario :20.7 Quebec :20.8 New Brunswick :20.9 Nova Scotia :20.10 Prince Edward Island :20.11 Newfoundland and Labrador :20.12 Northwest Territories :20.13 Yukon Territory :30 Time Periods for Appeals of Orders :40 Who May Appeal Inspectors Orders :50 Method for Commencing the Appeal :50.1 The Appeal Process :60 Suspending Orders Pending Appeal :70 Remedial Authority of the Decision-Maker :80 Availability of Second Level of Appeal C-9 May 2016

11 CANADIAN HEALTH AND SAFETY LAW 9:80.1 Standard of Review of the First Level of Appeal of an Inspector s Order :90 Practical and Strategic Considerations in Appealing Orders Chapter 10 HEALTH AND SAFETY PROSECUTIONS :10 Enforcement of Health and Safety by Prosecutions :20 Prosecutorial Discretion to Lay Charges :30 Legal Character of Prosecutions :40 Commencement of Prosecutions :50 Particulars of Charges :60 Crown Disclosure to the Defence :65 Occupational Health and Safety Prosecutions and the Charter a 10:65.1 Right to Counsel a 10:65.2 Unreasonable Delay a 10:70 Proceedings and Procedure at Trial a 10:70.1 Review, Reconsideration and Reversal of Intra-Trial Rulings b 10:70.2 Evidence at Trial d 10:70.2(1) Expert witness d 10:70.2(1)(a) Role of the expert witness d 10:70.2(1)(b) Criteria for an expert witness f 10:70.2(1)(c) Jurisprudence :70.2(2) Non-expert and expert opinions g 10:80 Plea Bargaining and Plea Bargain Agreements h 10:90 Proving the Charge Beyond a Reasonable Doubt :90.1 Directed Verdict of Acquittal :100 Health and Safety Due Diligence :100.1 Legal Defence of Due Diligence :100.2 Due Diligence and Occupational Health and Safety Prosecutions :100.3 Due Diligence and Employee Discipline e 10:110 Rise and Fall of Presumption of Innocence :120 Defence of Officially Induced Error :130 Abuse of Process :130.1 Introduction :130.2 Legal Test :130.3 Appropriate Forum to Raise Abuse of Process :130.4 Onus and Burden of Proof :130.5 Abuse of Process and the Charter :130.6 Categories of Abuse of Process :130.6(1) Government instigation of an offence :130.6(2) Undertaking not to prosecute :130.6(3) Collection of civil debt C-10

12 TABLE OF CONTENTS 10:130.6(4) Punishing accused for exercising their rights :130.6(5) Oppressively selective prosecution :130.6(6) Prejudice to the right of full answer and defence :130.6(7) Government intimidation of the accused :130.6(8) No necessity for Crown misconduct :130.7 Remedies for Abuse of Process :140 Sentencing Principles and Considerations :140.1 Introduction :140.2 Penalty Provisions for Contraventions :140.2(1) Federal jurisdiction :140.2(2) British Columbia :140.2(3) Alberta :140.2(4) Saskatchewan :140.2(5) Manitoba :140.2(6) Ontario :140.2(7) Quebec :140.2(8) New Brunswick :140.2(9) Nova Scotia :140.2(10) Prince Edward Island :140.2(11) Newfoundland and Labrador a 10:140.2(12) Northwest Territories a 10:140.2(13) Yukon Territory b 10:140.3 Sentencing Principles :150 Practice Points in Prosecutions :160 Bill C-45 Amendments to the Criminal Code App. A Health and Safety Prosecutions and Administrative Penalties Alberta British Columbia Manitoba New Brunswick Newfoundland and Labrador Nova Scotia Ontario Saskatchewan Yukon Chapter 11 OFFICER AND DIRECTOR DUTIES AND LIABILITY :10 Introduction :20 The Growing Limits of Limited Corporate Liability :30 The Functions of Directors and Officers :40 Categories of Director and Officer Liability C-11 August 2016

13 CANADIAN HEALTH AND SAFETY LAW 11:40.1 Civil Liability :40.2 Criminal Liability :40.3 Regulatory or Quasi-Criminal Liability :40.4 Vicarious Liability vs. Direct Liability :50 Policy Issues for Director and Officer Liability :50.1 Arguments in Favour of Director and Officer Liability :50.1(1) Legal compliance :50.1(2) Corporate governance :50.1(3) Economic motivation :50.1(4) Behaviour modification :50.1(5) Moral and ethical values :50.2 Arguments Against Director and Officer Liability :50.2(1) Primary duty of directors and officers :50.2(2) Chilling effect on investment :50.2(3) Complexity of modern laws and regulations :50.2(4) Complexity of modern corporations :50.2(5) Unfairness, ineffectiveness and corporate indemnity :60 Methods of Establishing Director and Officer Liability :60.1 The Direct Perpetrator of the Offence :60.2 Aiding, Abetting or Counselling the Offence :60.3 Statutory Duties, Contravention and Offences :70 Director and Officer OHS Risk Management :70.1 Due Diligence for Directors and Officers :70.2 Indemnification of Directors and Officers :70.3 The Bata Decision :70.4 Director and Officer Insurance Chapter 12 HEALTH AND SAFETY HAZARDS :10 Introduction :20 Categories of Health Hazards :20.1 Chemical Hazards :20.2 Physical Hazards :20.3 Biological Hazards :20.4 Ergonomic Hazards :30 Exposure to Health Hazards :40 Controlling and Managing Health Hazards :50 Regulation of First Aid Requirements :50.1 Federal Jurisdiction :50.2 Alberta :50.3 British Columbia :50.4 Manitoba :50.5 New Brunswick :50.6 Newfoundland and Labrador C-12

14 12:50.7 Nova Scotia :50.8 Ontario :50.9 Prince Edward Island :50.10 Quebec :50.11 Saskatchewan :50.12 Northwest Territories :50.13 Yukon Territory :60 Regulation of Health Hazards a 12:60.1 Regulation of Chemical Hazards a 12:60.2 Regulation of Physical Hazards :60.2(1) Noise and hearing protection :60.2(1)(a) Noise as an occupational health hazard :60.2(1)(b) The physics of sound :60.2(1)(c) The ear :60.2(1)(d) Types of occupational noise exposures :60.2(1)(e) Noise-induced hearing loss and injury :60.2(1)(f) Eliminating and controlling 12:60.2(1)(g) TABLE OF CONTENTS occupational noise Trends in noise legislation and regulation :60.2(1)(h) Noise and hearing protection chart :60.2(2) Non-ionizing radiation :60.2(3) Ionizing radiation :60.2(4) Workplace lighting :60.2(5) Asbestos regulations in Canada :60.2(5)(a) Background :60.2(5)(b) Health effects :60.2(5)(c) Legislative requirements :60.3 Regulation of Biological Hazards :60.4 Regulation of Ergonomic Hazards :70 Regulation of Working Alone :70.1 Alberta :70.2 British Columbia :70.3 Manitoba :70.4 New Brunswick :70.5 Ontario :70.6 Saskatchewan :70.7 Northwest Territories Chapter 13 WORKPLACE SMOKING RESTRICTIONS :10 History of Smoking Legislation :10.1 Federal Jurisdiction :10.2 Provinces and Territories :10.2(1) Ontario C-13 August 2016

15 CANADIAN HEALTH AND SAFETY LAW 13:10.2(2) Provinces, Territories and Municipal Chronology :20 Current Anti-Smoking Legislation :20.1 Federal Jurisdiction (1) Tobacco Act :20.1(2) Non-smokers Health Act :20.2 Alberta :20.3 British Columbia :20.4 Manitoba :20.5 New Brunswick :20.6 Newfoundland and Labrador :20.7 Northwest Territories :20.8 Nova Scotia :20.9 Nunavut :20.10 Ontario :20.11 Prince Edward Island :20.12 Quebec :20.13 Saskatchewan :20.14 Yukon :30 Overview Chapter 14 ALCOHOL AND DRUGS IN THE WORKPLACE 14:10 Alcohol and Drugs as an Occupational Health and Safety Concern :10.1 The Problem of Alcohol and Drugs in the Workplace :10.2 Alcohol and Drug Abuse Statistics :10.3 Physical and Psychological Effects of Alcohol and Drug Use and Abuse :10.4 The Cost of Workplace Alcohol and Drug Use :20 Preventing and Managing the Problem :20.1 How to Develop a Suitable Alcohol and Drug Policy :20.2 Contents of an Alcohol and Drug Policy :20.3 The Legal Issues Confronting Alcohol and Drug Policies :30 Human Rights Considerations in the Non-Union Workplace :30.1 Entrop v. Imperial Oil Ltd :30.2 Human Rights Cases Since Entrop :30.2(1) Halter v. Ceda-Reactor Ltd :30.2(2) Alberta (Human Rights and Citizenship Commission, Director) v. Kellogg, Brown & Root (Canada) Co :30.2(3) Alberta (Human Rights and Citizenship Commission) v. Elizabeth Metis Settlement :30.2(4) Milazzo v. Autocar Conaisseur Inc C-14

16 TABLE OF CONTENTS 14:30.2(5) Section local 143 du Syndicat des communications, du l énergie et du papier v. Goodyear Canada Inc :30.3 Cross-Border Transportation: A Special Case :40 Additional Legal Considerations in the Unionized Workplace :40.1 Pre-Employment Testing :40.2 For Cause or Reasonable Cause Testing :40.3 Post-Incident Testing :40.4 Post-Reinstatement Testing :40.5 Random Testing :50 Conclusion Chapter 15 TRANSPORTATION OF DANGEROUS GOODS 15:10 Introduction :20 Background :20.1 Unifying Transportation of Dangerous Goods Law :20.2 Federal TDGA, :30 Inspectors :40 Emergency Response :40.1 Emergency Response Assistance Plan :40.2 Notice for Disclosure of Information :50 Permits :50.1 Equivalency Certificates :50.2 Emergency Certificates :50.3 Import and Export Permits :60 Offences :60.1 Proof of Offence :60.2 Penalties :70 Provincial and Territorial Transportation of Dangerous Goods Legislation :70.1 Alberta :70.2 British Columbia :70.3 Manitoba :70.4 New Brunswick :70.5 Newfoundland and Labrador :70.6 Northwest Territories :70.7 Nova Scotia :70.8 Nunavut :70.9 Ontario :70.10 Prince Edward Island :70.11 Quebec :70.12 Saskatchewan :70.13 Yukon Territory :80 Defending Charges Under Transportation of Dangerous Goods Legislation C-15 August 2016

17 CANADIAN HEALTH AND SAFETY LAW 15:80.1 Failure of the Crown to Prove the Charge :80.2 The Defence of Due Diligence :80.2(1) R. v. Sault Ste. Marie (City) :80.2(2) R. v. Wholesale Travel Group Inc :80.2(3) R. v. EnviroGun Ltd :80.3 Mistake of Fact Branch :80.3(1) R. v. MacMillan Bloedel Ltd :80.3(2) R. v. London Excavators & Trucking Ltd :80.4 Reasonable Precautions Branch :80.4(1) R. v. Placer Developments Ltd :80.4(2) R. v. Clark Freightways :80.4(3) R. v. Imperial Oil Ltd. and R. v. Ballard Power Systems Inc :80.4(4) R. v. Timminco Ltd :80.4(5) Further considerations :80.5 Officially Induced Error :80.6 Conclusion :90 Training :100 Conclusion Words and Phrases WP-1 Selected Legal Literature SLL-1 Index IN-1 C-16

R-T-W Accommodation. Duty To Accommodate Injured Workers in the Workplace... Shared Responsibilities

R-T-W Accommodation. Duty To Accommodate Injured Workers in the Workplace... Shared Responsibilities Duty To Accommodate Injured Workers in the Workplace... Shared Responsibilities March 2000 Table of Contents Introduction... 2 What is Duty To Accommodate?... 2 Bona Fide Occupational Qualification...