New Occupational Health and Safety Regulations in New Brunswick: Addressing...

New Brunswick has introduced new regulations under the General Regulations – Occupational Health and Safety Act (“OHSA”) aimed at identifying and preventing workplace violence and harassment (the “New Regulations”). The New Regulations will take effect April 1, 2019. The New Regulations have been introduced to address problematic workplace conduct, including bullying, physical violence, verbal abuse, […]

New Regulations in Newfoundland and Labrador to Address Workplace Harassment...

Newfoundland and Labrador has recently announced upcoming revisions to the Occupational Health and Safety Regulations, 2012 (the “New Regulations”). The New Regulations follow similar changes made last year in New Brunswick and attempt to tackle the issues of workplace harassment and violence. New Brunswick’s regulations, initially scheduled to come into force last September, are now […]

#MeToo and Your Corporate Culture

Over a year has passed since October 15, 2017, the date that Alyssa Milano famously tweeted #MeToo, as a show of support for those who asserted they were sexually harassed or assaulted by Harvey Weinstein and to seek to illustrate the magnitude of the problem. Within 24 hours, the tweet generated more than 12 million […]

Will Legalization Cause Workplace Safety To Go Up in Smoke?

The imminent legalization of marijuana is causing angst for many employers. Employers are unsure of how the issue can be dealt with in terms of prohibiting use in the workplace and addressing concerns of workplace safety.

Random Drug and Alcohol Testing OK For Now at the...

In a recent court case from Ontario, Amalgamated Transit Union, Local 113 v Toronto Transit Commission, 2017 ONSC 2078, the Amalgamated Transit Union, Local 113 (the “Union”) applied for an injunction to prevent the Toronto Transit Commission (the “TTC”) from implementing random drug and alcohol testing for its employees.

Provincial Health and Safety Legislation is Inapplicable to Federal Undertakings

In Commission des normes, de l’équité, de la santé et de la sécurité du travail c Commission des lésions professionnelles, 2016 QCCS 2424, the Quebec Superior Court held that provincial occupational health and safety legislation does not apply to general contractors working on federal undertakings.

Illegal Drugs in the Workplace: The Test to Establish Possession

The possession and use of illegal drugs in safety-sensitive workplaces continues to be a prevalent issue in Canadian labour law.

Dismissal Following Positive Drug Test Excessive form of Discipline, Alberta...

A recent arbitration decision from Alberta tackles a myriad of issues related to a positive post incident drug test.

Medicinal Monday to Fridays: When Employees Are Under the Influence...

The recent arbitration decision, Unifor, Local 2001 NB v Old Dutch Foods Ltd, 2016 CanLII 61672 (NB LA) Arbitrator Doucet addresses the emerging topic of managing medical marijuana in the workplace, combined with searches of personal employee property.

Employee’s Failure to Disclose Medical Marijuana Use a Factor in...

A recent labour arbitration decision out of Newfoundland and Labrador considers the obligation of employees to disclose medical marijuana use in safety-sensitive workplaces.