The Right to Counsel During Compelled Statements: The Alberta Court of Appeal declined to hear an appeal challenging a 2004 government policy which excludes all lawyers from being present at compelled interviews under section 19 of the Occupational Health and Safety (OHS) Act. The Court of Appeal made its ruling after confirming no charges had been laid against the worker and that the two-year limitation period had expired in which to lay charges. Because there was no live controversy between the parties, the Court declined to hear the appeal on the basis of mootness. Read entire article...
Site Access Drug and Alcohol Testing Upheld by Alberta Arbitrator: An Alberta arbitrator recently upheld the a construction contractor's right to test all prospective employees for drug and alcohol use prior to access to the worksite. The worksite contained many safety hazards. The drug and alcohol testing was only one part of the overall safety program implemented by the contractor. The arbitrator found the purpose of the drug and alcohol testing was not to detect impairment but to assess and manage the risk of drug and alcohol use in the workplace. Read entire article...
New Sentencing Highs Reached in Alberta: In 2006 there were four significant OHS sentencing cases from the Provincial Court of Alberta which confirm a trend towards higher fines for corporations and individuals who breach OHS legislation. The sentences for corporations ranged from $200,000 to $500,000 and sentences for workers reached an unprecedented high of $50,000. Read entire article...
Crown Flexible In Resolution of Case: The Federal Department of Justice adopted a flexible approach towards resolving a difficult OHS case in the NWT. Rather than prosecuting an emotionally charged and controversial case, the Department stayed the OHS charges after entering into an agreement with the Defendants similar to an "Alternative Measures Agreement". This effectively put an end to the prosecution and allowed limited municipal resources to go directly towards improving safety. Read entire article...
The New Alberta OHS Code: On February 1, 2007, the new Alberta OHS Code came into force with important changes as well as 100 new sections. Read entire article...
The Aftermath of a Workplace Accident Seminar
Edmonton: April 24, 2007, Chateau Louis Conference Centre, 7:30 a.m. - 4:00 p.m. SOLD OUT
Banff: April 26, 2007, Fairmont Banff Springs Hotel, 7:30 a.m. - 4:00 p. m.
Calgary: November 9, 2007, Metropolitan Conference Centre, 7:30 a.m. – 9:00 a.m.
Registration for these seminars will begin in early May
OHS Legislation and Policy, University of Alberta Faculty of Extension
Edmonton: April 30 – May 2, 2007 Edmonton: June 5 – 7, 2007 Calgary: June 25 – 27, 2007
Banff Petroleum Industry's Annual Safety Seminar
The Big Change and Seven Deadly Sins, Eric Harvey Theatre, May 9, 2007, 1:30 p.m.
McLennan Ross' OHS Legal Services Leading the way in OHS services
McLennan Ross offers a complete range of services to help organizations of all types and sizes avoid difficulties in the changing OHS regulatory situation:
