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What is Occupational Health & Safety?

Best Occupational health and safety lawyers in Canada as ranked by Lexpert

Occupational Health & Safety lawyers’ practice area is generally agreed to include advising with respect to occupational health and safety law compliance, conducting OHS workplace audits, drafting policies and procedures, providing training to supervisors and managers, representing clients in disputes relating to work refusals, counsel on the appeal of health and safety inspectors orders and directions, advising employers after critical injuries and fatalities, defending corporations, directors, officers and supervisors charged with occupational health and safety charges, counsel at coroners inquests and advising on related workers' compensation matters.

 

Please note that the Lexpert Directory has separate sections for:

  • Labour relations lawyers
  • Labour relations construction sector lawyers
  • Workers' compensation lawyers
  • Workplace human rights lawyers

 

What is occupational health and safety (OHS) in Canada?

Certain employment or workplaces are inherently unsafe, mainly due to the nature of the work that an employee has been assigned to, or certain hazards exist in the workplace which makes it dangerous even if they are not inherently unsafe. As such, the occupational health and safety (OHS) standards set by laws and regulations are there to provide for preventive and reactive ways in addressing OHS concerns.

 

Occupational Health and Safety (OHS)

Occupational health and safety (OHS) standards, enacted through legislations or administrative regulations, generally aim to keep employees safe in the performance of their jobs, and to provide for ways which employers can do to improve workplace safety, minimise workplace hazards, and how to respond to workplace accidents.

 

OHS also addresses concerns regarding illnesses, such as its prevention and treatment, that employees may contract in their work. Currently, mental and social health is also being integrated into the area of OHS, especially when mental stress and psychological problems arise from these workplaces. Thus, application of OHS is not only restricted in hard-labour jobs, such as in construction or in a factory setting, but also in corporate and commercial offices.

 

Working around OHS standards and its implementation, an occupational health and safety lawyer does not only assist in litigations regarding accidents, injuries, or even death in the workplace, but also in the preventive aspect of it. OHS lawyers may also assist settling these claims extrajudicially.

 

OHS Laws in Canada

Generally, OHS laws and regulations in Canada applies to all workplaces, whether public or private entities, and regardless of the size of workforce, with some specific applications to generally hazardous industrial sectors.

 

Occupational health and safety laws in Canada can be divided into federal or provincial/territorial jurisdictions. For federally regulated industries or sectors, OHS is governed by the Canada Labour Code, and the Canada Occupational Health and Safety Regulations. As an employer, the specific laws which will govern the workplace must be referred to an occupational health and safety lawyer, since these have specific applications unique to a sector or industry.

 

Canada Labour Code

The Canada Labour Code, specifically in Part II on Occupational Health and Safety, provides for the duties of employers with regards to ensuring OHS in the workplace, and rights of employees with respect to their health and safety.

 

Generally, it is the duty of employers to ensure that the health and safety of all employees it has employed are protected. It is heavily influenced by prescribed safety standards, set by the industry or sector it belongs to, and in ensuring that employees are properly informed of these prescribed safety standards. This duty of employers is divided into specific duties stated in Section 125 (1) of the Code.

 

Duties of the employees, on the other hand, is laid out in Section 126 (1). The Code expects employees to comply or follow all regulations imposed by the employer, along with other regulations, and to report to the employer any workplace hazard, injuries, and accidents that occur in the workplace. They may also report any other contravention under the Code committed by other employees or even by the employer itself.

 

Both duties of employers and employees, and the rights afforded to both, can be best explained by an occupational and health safety lawyer in order to prevent an accident from occurring in the workplace, and to comply with the federal regulations under the Code.

 

Section 123 (1) of the Code provides for the federally regulated industries or sectors where Part II applies. Some of these are:

  • banks

  • maritime transportation

  • air transportation

  • land transportation

  • communications

  • federal Crown corporations

 

In Section 148, the Code provides for civil liabilities for offenses and punishments when employers fail to comply with these regulations and accidents occur resulting to injuries or death of an employee. This is in addition to criminal charges that may filed under the Canada Criminal Code. In these situations, litigations may ensue, and an occupational health and safety lawyer may represent either party. Here, it is the plaintiff-employee who has the burden of proving that such accident happened due to the gross negligence of the employer. On the side of the defendant-employer, it must show that it has exercised due care and diligence as a defense to extinguish its liability.

 

Canada Occupational Health and Safety Regulations

The Canada Occupational Health and Safety Regulations are the regulations applying Sections 125, 125.1, 125.2, and 126 of the Canada Labour Code. Thus, the Regulations provide for the specific standards of these Sections, such as measurements of safety installations, structural standards, procedural standards in handling hazardous materials, among others.

 

Whenever applicable, these standards must be consulted with an occupational health and safety lawyer for compliance depending on the employer’s line of business.

 

What are the three categories of occupational health and safety (OHS) laws?

The Canada Labour Code essentially provides for three categories of rights under OHS, which are also found in several provincial and territorial OHS legislations. Generally, these rights are granted to employees; and when these rights are violated, employees may proceed to an occupational health and safety lawyer for assistance in enforcing these rights.

 

Right to Know

Employees have the right to know, or the right to information, on all known or foreseeable hazards and dangers related in their job and in the workplace. In addition, employees must also be provided with instructions, including proper training, and supervision in protecting one’s health and safety in the workplace.

 

Right to Participate

Employees are also afforded the right to participate in all decision-making processes, such as crafting of management policies, especially when these would directly affect said employees. This would include the right to participate in addressing work-related health and safety issues. In some cases, an occupational health and safety lawyer may be called in for these negotiations.

 

Right to Refuse

Employees can refuse work when there is a reasonable cause to believe that the performance of a specific task, or that the operation of a machine or apparatus, would endanger himself/herself or others. However, this right has certain exceptions, such as when the refusal to work would itself endanger others, or when the danger is a normal condition of employment.

 

Who regulates occupational health and safety (OHS) in Canada?

OHS issues are mainly addressed by Health Canada, which works together with the labour portfolio of the Employment and Social Development Canada. In addition, the Labour Program in the federal level acts as the regulating authority for workplaces designated to be under federal jurisdiction.

 

Head down below to see the list of the best Lexpert Ranked occupational health and safety lawyers in Canada for your inquiries or needs, whether as an employee or an employer.

Don Alberga
Don Alberga
Year called to bar: 2001
Montréal, Québec
Borden Ladner Gervais LLP (BLG)
Sylvain Chabot
Sylvain Chabot
Year called to bar: 1998
Québec City, Québec
Cain Lamarre
Alexis-François Charette
Alexis-François Charette
Year called to bar: 1999
Montréal, Québec
Norton Rose Fulbright Canada LLP
Jean-Sébastien Cloutier
Jean-Sébastien Cloutier
Year called to bar: 2003
Québec City, Québec
Norton Rose Fulbright Canada LLP
François Côté
François Côté
Year called to bar: 1989
Montréal, Québec
Norton Rose Fulbright Canada LLP
Charles E. Hurdon
Charles E. Hurdon
Year called to bar: 1988
Ottawa, Ontario
Norton Rose Fulbright Canada LLP
Herbert J. Isherwood
Herbert J. Isherwood
Year called to bar: 1986
Vancouver, British Columbia
Norton Rose Fulbright Canada LLP
Jamie Alyce Jurczak
Jamie Alyce Jurczak
Year called to bar: 2004
Winnipeg, Manitoba
Taylor McCaffrey LLP
Norm Keith
Norm Keith
Year called to bar: 1983
Toronto, Ontario
KPMG Law LLP
Josiane L'Heureux
Josiane L'Heureux
Year called to bar: 1998
Montréal, Québec
Lavery, de Billy, L.L.P.
Reine Lafond
Reine Lafond
Year called to bar: 1993
Montréal, Québec
Le Corre & Associés
Francine Legault
Francine Legault
Year called to bar: 1993
Montréal, Québec
Norton Rose Fulbright Canada LLP
Elaine Léger
Elaine Léger
Year called to bar: 1999
Montréal, Québec
Fasken Martineau DuMoulin LLP
Taryn Mackie
Taryn Mackie
Year called to bar: 2006
Vancouver, British Columbia
Norton Rose Fulbright Canada LLP
Gavin Marshall
Gavin Marshall
Year called to bar: 1998
Vancouver, British Columbia
Roper Greyell LLP
John Mastoras
John Mastoras
Year called to bar: 1989
Toronto, Ontario
Norton Rose Fulbright Canada LLP
Adrian J. Miedema
Adrian J. Miedema
Year called to bar: 1997
Toronto, Ontario
Dentons Canada LLP
Jennifer A. Miller
Jennifer A. Miller
Year called to bar: 1994
Edmonton, Alberta
Bennett Jones LLP
Lindsay Mullen
Lindsay Mullen
Year called to bar: 1996
Calgary, Alberta
Norton Rose Fulbright Canada LLP
Daniel C.P. Stachnik
Daniel C.P. Stachnik
Year called to bar: 1978
Edmonton, Alberta
Miller Thomson LLP
Jordan D. Winch
Jordan D. Winch
Year called to bar: 2002
Toronto, Ontario
Norton Rose Fulbright Canada LLP
David J. Bannon
Year called to bar: 1994
Toronto, Ontario
Hicks Morley Hamilton Stewart Storie LLP
Loretta M. Bouwmeester
Year called to bar: 2002
Calgary, Alberta
Mathews, Dinsdale & Clark LLP
Bernard Cliche
Year called to bar: 1975
Québec City, Québec
Morency Société d'Avocats, sencrl
Ryan J. Conlin
Year called to bar: 2002
Toronto, Ontario
Stringer LLP
Cheryl A. Edwards
Year called to bar: 1986
Toronto, Ontario
Mathews, Dinsdale & Clark LLP
Steve T. Eichler
Year called to bar: 1996
Calgary, Alberta
Field Law
Tara Erskine
Year called to bar: 1996
Halifax, Nova Scotia
Mathews, Dinsdale & Clark LLP
Lucie Guimond
Year called to bar: 1989
Montréal, Québec
Ogletree Deakins International LLP
John Illingworth
Year called to bar: 2003
Toronto, Ontario
Mathews, Dinsdale & Clark LLP
David K. Law
Year called to bar: 1988
Ottawa, Ontario
LAWatWork The David K Law Professional Corporation
James F. LeMesurier
Year called to bar: 1981
Saint John, New Brunswick
Stewart McKelvey
Madeleine L.S. Loewenberg
Year called to bar: 2002
Toronto, Ontario
Loewenberg Psarris Workplace Law LLP
David Myrol
Year called to bar: 1992
Edmonton, Alberta
McLennan Ross LLP
Bradley D.J. Proctor
Year called to bar: 2002
Halifax, Nova Scotia
McInnes Cooper
Rebecca Saturley
Year called to bar: 1997
Halifax, Nova Scotia
Stewart McKelvey
Mark D. Tector
Year called to bar: 2002
Halifax, Nova Scotia
Stewart McKelvey
Eric Thibaudeau
Year called to bar: 1999
Montréal, Québec
BCF Business Law
Jeremy Warning
Year called to bar: 2002
Toronto, Ontario
Mathews, Dinsdale & Clark LLP
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