Occupational Health and Safety

Employers must do everything reasonably possible to protect the safety of employees in the work place. That is the law. We usually become involved to help employers audit their practices or to respond to an accident. The legislation is straightforward but the regulations are complicated. Many employers involved with equipment and big machinery or in construction employ a safety expert to train employees and monitor safe practices. Every Board of Directors should be aware or its Company safety practices and make safety a regular agenda item.

Wise employers retain lawyers to help them address deficiencies and implement best practices. Using counsel permits employers to engage solicitor-client privilege when issues of statutory compliance arise. We know how to be involved in advising employers in ways that fully protect their interests.

We also help employers who have the misfortune of serious accidents in the work place. We know that counsel should be returned immediately because the real likelihood is that charges under the OSHA WILL BE LAID. Sometimes the Ministry waits to the end of its 365 day limit, but often charges are laid because the Ministry’s goal is an accident-free work place. Our advice is to engage us immediately. It is true that anything your employees say or do will be used against the employer.

The Company’s safety rep will do an investigation. He will take photos and make conclusions. He writes them down for his bosses to consider. Often, recommendations are made about how to avoid problems in the future. Unless counsel is involved all these admissions against interest can be seized by the Ministry and used against the employer. With proper advice this legal evidentiary problem can be avoided. Really, experienced lawyers can help. That is what we do, if you call is soon enough.

Be clear, we are not soft on safety. We agree with the Ministry’s goal of no lost time accidents. But, by retaining counsel early, challenging decisions can be debated under the protection of solicitor-client privilege. We can give companies the legal advice they need before the Ministry has grabbed the incriminating evidence. This does not mean you won’t settle. But, there is a much greater likelihood the Ministry cannot take advantage of the employer.

No question, if you have a safety issue, do not wait call now. It is true, your lawyer can protect you.