David is a nationally recognized practitioner of Occupational Health and Safety (OHS) in Canada. An experienced trial lawyer, he defends companies and individuals facing OHS, environmental and other regulatory charges. He is a trusted advisor to government and industry, a busy writer, lecturer and presenter on OHS issues throughout Canada. He covers a wide geographic area being a member of three law societies: Alberta, British Columbia and the Northwest Territories.

David spent a good portion of his career as a criminal defence lawyer and Crown Prosecutor. It is where he learned his skills as a trial lawyer. He headed a pilot project with Alberta Justice which still serves as the model for OHS prosecutions in Alberta. In that capacity, David worked closely with government OHS investigators, developing formal training for them on how to conduct proper investigations. He was Alberta's first designated OHS Crown Prosecutor. In 2004, David left government and became a partner with McLennan Ross LLP where he practices as a regulatory defence lawyer.

David has an long list of credentials and publications. He is the Chair of the McLennan Ross OHS Practice Group, editor of the firm's electronic HSE Newsletter, Founding Chair of the National OHS Subcommittee for the Canadian Association of Counsel to Employers (CACE), member of the CBA Criminal Law Reform Committee, member of the Advisory Committee for the OHS Certificate Program at the University of Alberta, sessional instructor at the University of Alberta for the OHS Diploma Program, director of the Alberta Safety Council, director of Job Skills Safety Society, a director of CACE, and a member of the board of advisors for Safety Compliance Insider.

David has been involved as counsel, either as a prosecutor or defence lawyer, on most of the leading OHS cases in Alberta. He is known for his knowledge, insight and advice when responding to workplace incidents or defending against charges. He has been named in Best Lawyers for several years and is AV rated by Martindale-Hubbell.

 Education

• LL.B., University of Alberta
• B.A. Philosophy (Honours), University of Alberta

Awards and Recognition

• Leading practitioner, Occupational Health & Safety, Canadian Legal Lexpert Directory
• Recognized as a leading business lawyer in Labour & Employment law, Best Lawyers Canada
• AV Distinguished peer review rating with Martindale-Hubbell

Professional Associations and Affiliations

• Advisory Board Member, International Competency Assessment Board
• Director, Canadian Association of Counsel to Employers
• Member, CBA Criminal Law Reform Committee
• Founding Chair, Canadian Association of Counsel to Employers Occupational Health and Safety Subcommittee
• Director, Alberta Safety Council
• Director, Job Skills Safety Society
• Board Advisor, Safety Compliance Insider
• Member, University of Alberta Faculty of Extension Advisory Committee, OHS Law and Policy Program

• Defends companies against OHS, environmental and other regulatory prosecutions
• Provides preventive and crisis management advice to international, federal and provincial companies in Alberta, British Columbia, Saskatchewan and the Northwest Territories
• Provides immediate in-depth advice to clients responding to workplace accidents
• Represented an oilsands producer in Alberta facing OHS charges arising from the collapse of a steel structure resulting in multiple fatalities
• Represented an employer facing OHS charges in Alberta arising from a propane explosion resulting in multiple fatalities
• Represented a major oil & gas producer appealing a review before the British Columbia Workers' Compensation Appeals Tribunal in respect of a workplace accident involving the death of a worker
• Represented a drilling company facing OHS charges in Alberta in respect of a well site explosion killing one worker
• Represented a major oil & gas producer facing prime contractor charges in Alberta resulting from the death of a contracted worker
• Represented an oilsands producer facing OHS charges in Alberta in respect of a fatality involving falling ice
• Represented a utilities company in Alberta facing OHS charges in respect of a fatality involving an electrocution by contact with an overhead power line
• Represented an oil & gas producer in Alberta facing Fisheries Act charges in respect of a release into a river
• Represented a major oil & gas producer in British Columbia. facing environmental charges in respect of a chemical spill
• Represented a utilities company in the Northwest Territories facing Safety Act charges as an owner in respect of a workplace accident causing a leg amputation to a contracted worker
• Counsel to a chemical company involving an explosion resulting in multiple injuries to contracted workers
• Counsel to a major oil & gas producer in respect of a search warrant issued executed at their facility
• Represented an employer facing OHS charges in Alberta arising from the collapse of a mobile crane
• Represented a national telecommunications company in Alberta facing federal OHS charges arising from the death of a worker coming into contact with an overhead power line
• Head of Pilot Project for OHS Prosecutions Alberta, General Prosecutions; Alberta’s First Designated OHS Crown Prosecutor; Developed Investigative Skills Training Program for government OHS Officers
• Defended charges under the Occupational Health and Safety Act, Safety Act, Canada Labour Code, Transportation of Dangerous Goods Act, Fisheries Act, and Environmental Protection and Enhancement Act
• Provided advice to municipalities, utility providers, telecommunications providers, and corporations with respect to a wide variety of OHS, regulatory, and environmental issues

• “The Canadian Approach to Corporate Criminal Liability in the Wake of R. v. Transpavé”, Canadian Bar Association National Construction Law Conference
• “The Impact of Post-Traumatic Stress Disorder on Witness Reliability and the Duty to Accommodate”, Canadian Association of Counsel to Employers Conference
• “New Patterns Emerging in 2005: Prime Contractors and Supervisors Beware!”, McLennan Ross OHS News
• “Managing the legal risks of multiple-employer work sites”, The Lawyers Weekly
• “Are You Exposed to ‘Prime Contractor’ Risk?”, Alberta Oil
• “Written In Blood”, Alberta Oil
• “The Power of One”, Alberta Oil

Ongoing

• Sessional Lecturer, University of Alberta, Faculty of Extension, OHS Diploma Program, Edmonton and Calgary, 2005 to Present
• "Loss Prevention and Control for Executives", Alberta Construction Safety Association Course, Ongoing Instructor

2013

• "Is Technology Changing the Law of Due Diligence", Enform Petroleum Safety Conference
• “2012 OHS Year-In-Review”, McLennan Ross LLP Webinar
• “Trends and Implications in OHS Law”, So You Think You Can Lead Conference
• “How Recent Changes to the Alberta OHS Act Affect Employers”, OHS Insider Webinar

2012

• "Making Sense of Criminal Liability for Workplace Accidents in Canada", Canadian Association of Oilwell Drilling Contrators (CAODC) - Red Deer
• "Interviewing Witnesses For Environmental and OHS Cases", McLennan Ross LLP Webinar
• "Why Do Some Companies Get Prosecuted By OHS?", Residential Construction Industry Conference 
• "Current OHS Legal Issues and Trends", Association of General Counsel of Alberta Seminar 
• "2011 Occupational Health & Safety Year In Review", McLennan Ross LLP Webinar

 2011

• “Legal Requirements / Liability Issues Around Electrical Safety”, CSA Canadian Electrical Code and Electrical Safety Conference Series
• Panelist, “Key Lessons from Recent Court Rulings on the Due Diligence Defence”, OHS Summit
• “How to Build Your OHS Compliance History”, OHS Summit

 2010

• “Contractor Obligations”, Alberta PetroChemical Safety Council
• “The Role of Communication in Contractor Management”, PSC Prairies
• “The Aftermath of a Workplace Accident”, Canadian Society of Safety Engineering Seminar
• “OHS Prosecutions: Bracing for the Hammer in Alberta”, McLennan Ross LLP Webinar
• “Defence Counsel’s Sometimes Precarious Position In Providing Post-Accident Advice”, Canadian Association of Counsel to Employers
• “Occupational Health and Safety: Avoiding the Aftermath”, Association of School Business Officials Seminar
• “OHS Defence Considerations”, Red Deer Construction Association
• “The Aftermath of a Multiple-Employer Workplace Accident”, McLennan Ross LLP Seminar
• “Straight Talk on OHS Prosecutions”, Canadian Bar Association

 2009

• “The Role of Communication in Managing Contractors”, Northern Petroleum Safety Conference
• “Communication at Multiple-Employer Work Sites”, Northern Petroleum Safety Conference
• “The Aftermath of an Oilsands Accident”, McLennan Ross LLP Seminar
• “Contractor Safety & Liability Risk Management: Best Practices from the Oil Industry”, Safety Compliance Summit
• “R. v. Sault Ste. Marie 30 years Later: Strict, Vicarious and Contractor Liability”, Canadian Association of Counsel to Employers
• “Disciplining Employees for Safety and Environmental Infractions”, McLennan Ross LLP Webinar
• “What We Have Here Is A Failure To Communicate”, Petroleum Safety Conference
• “Contractor Management”, NAOSH/CSSE
• “Alcohol & Drug Testing: An OHS Perspective”, Workplace Drug and Alcohol Programs Seminar, McLennan Ross LLP
• “The Latest on OH&S, Criminal Negligence and Company Liability”, Insight Western Canada Labour Relations Conference