Occupational Health and Safety

Occupational Health and Safety (OHS) legislation is a complex code designed to promote a safe work environment for workers. Lawson Lundell lawyers assist employers, owners and prime contractors in understanding and complying with their obligations under the OHS legislation. We represent employers, owners and prime contractors in responding to claims of discrimination relating to OHS matters, refusals to work because of alleged unsafe conditions, workplace violence and safe risk assessments, as well as Board orders following workplace inspections. We assist employers, owners and prime contractors during investigations following serious or fatal workplace accidents and represent them in appeals of Board orders, penalty assessments and coroner inquests. We conduct OHS audits and supervisory training for our clients.

Our lawyers have experience in representing employers on appeals of workers’ claims for compensation and assessment appeals at the Review Division of the Board and at the Workers’ Compensation Appeal Tribunal.

Experience

• Assisted a large construction company during the Worksafe investigation following a fatality, successfully avoided penalty assessments and a regulatory prosecution and assisted it in reviewing and revising its work practices
• Represented a major forest industry client to successfully defend 3 claims of discrimination under the OHS regulations
• Advised an integrated transit company on its obligations as owner of a multi-employer construction worksite
• Advised a public utilities employer on its OHS obligations relating to its roles as employer, prime contractor and owner
• Represented an employer in the ship building industry in its appeal of its classification for assessment purposes and were successful in having it reclassified with a savings of over $1 million
• Successfully defended a forest industry client charged with a regulatory offence following a fatality at its worksite
• Successfully defended a forest industry client against orders and administrative penalties relating to significant injuries, near-misses and fatalities
• Provided OHS training to supervisors and managers for companies in the construction and manufacturing industries with an emphasis on supervisors’ obligations to maintain a safe work site and potential liabilities under the Criminal Code

Team