Public Transit Safety

In Ottawa about two weeks ago, a double decker public transit bus crashed into a bus shelter. Three people died and 23 others were injured. As this news broke, I couldn’t help but think of the TTC, the Toronto Transit Corporation, just a few hours’ drive away. Within the last eight or nine years, the TTC has been conducting drug and alcohol testing on its employees in certain circumstances. So far, the TTC has been largely successful in defending its
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Ringing in the New Year, with Random Drug and Alcohol Testing

Random drug and alcohol testing. The union fought it, vigorously, for years. The squabble had Suncor and the union in and out of court a number of times, over the course of several years. Then, late last month, an important agreement was announced. Suncor and the union (Unifor local 707A) at its oil sands operations have agreed that Suncor will implement random drug and alcohol testing for all safety-sensitive positions in the municipality of Wood Buffalo, Alberta, beginning in the
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Criminal Code Westray Provisions: R. v. Metron (Part 2 of 2)

Last week, we looked at the 1992 Westray mine disaster, and the subsequent amendments to the Criminal Code regarding workplace safety. The intent underlying the Westray provisions was to facilitate prosecuting corporate criminal negligence for workplace disasters. One tragic case in which a conviction occurred under the Westray provisions is  R. v. Metron Construction Corporation. The Facts On Christmas Eve, 2009, a group of construction workers were repairing a 14th floor balcony. Late that afternoon as they completed their shift,
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Criminal Code Westray Provisions (Part 1 of 2)

It was one of the worst mining disasters in Canadian history, and it resulted in important changes to the Criminal Code relating to workplace safety. In happened in 1992. An explosion at Westray Mine’s underground coal mine in Nova Scotia killed 26 underground workers. The Aftermath A public inquiry followed. The 1998 report harshly criticized Westray mine management. It found “a complex mosaic of actions, omissions, mistakes, incompetence, apathy, cynicism, stupidity, and neglect.” Despite the inquiry, a litany of charges
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Medical Marijuana & Work – Know Your Rights

Do you use medicinal cannabis, to manage a medical condition? Are you an employer with an employee that uses medicinal cannabis? Do you wonder what your rights are? It is not as simple as an employee providing a doctor’s note, and then expecting the employer to accommodate marijuana use, even though it is for medical purposes. Cases in this rapidly evolving area are very fact specific and must be analyzed individually. Some commonalities are emerging, though. Drug and Alcohol Policies,
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