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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Action, Following Broncos’ Deaths

Many Canadians, myself included, have friends or family members who have died, or been seriously injured, in highway collisions with semis. Yesterday morning, in a provincial court in my home province of Saskatchewan, the driver of the semi that collided with the Humboldt Broncos’ team bus pled guilty to 16 counts of dangerous driving causing death and 13 counts of dangerous driving causing bodily harm. It was reported that the driver had no alcohol in his system and was not
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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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‘Tis the Season (to Not be Liable)

It’s that time of year again.  The holiday season is upon us.  ‘Tis the season for host liability. Workplace holiday party season is in full swing. Employers, ensure your guests know that you will provide a safe way home. Those attending, know your limits. Avoid taking the wheel if there is any chance you may be impaired. The area of host liability has been a developing area of law for decades, and is still not yet fully settled. This much
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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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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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