Employers today are faced with ever increasing obligations and potential liabilities regarding health and safety issues. These obligations are provided in both federal and provincial statutes/regulations and can result in increased costs and expenses for employers. Failure to comply with these obligations or failure to institute the proper procedures to reduce exposure to potential liability could result in costly consequences. There have been recent significant changes in an employer's potential liability for criminal offences relating to health and safety issues. Furthermore, employers now have increased obligations to accommodate disabled workers, and there is also potential for increased liability for mental stress, chronic pain, and occupational disease claims.
The experienced faculty will examine these issues and explain how employers can reduce their exposure to potential liability for workplace health and safety matters.
- Accommodation issues
- Charter issues in workplace safety and insurance
- Workplace health and safety offences
- Comprehensive disability management programs
- Privacy issues
- Occupational disease
9:00 a.m. - 10:00 a.m.
I. Accommodation Issues
A. Obligations Under Workplace Safety And Insurance Law
B. ESRTW And Re-Employment Obligations
C. Obligations Under Human Rights Code
D. Satisfying Undue Hardship
10:00 a.m. - 10:15 a.m.
10:15 a.m. - 11:15 a.m.
II. Charter Issues In Workplace Safety And Insurance
A. Overview Of The Charter Of Rights And Freedoms
B. Review Of SCC's Decision In Martin-Laseur
C. Chronic Pain Entitlement?
D. Chronic Occupational/Mental Stress Entitlement?
E. Mandatory Retirement And Benefits Based On Age
11:15 a.m. - 12:00 p.m.
III. Workplace Health And Safety Offences
A. Occupational Health And Safety Offences
B. Due Diligence
C. Bill C-45 – Criminal Code Offences
D. Criminal Negligence
E. Burden Of Proof
12:00 p.m. - 1:00 p.m.
Lunch (On Your Own)
1:00 a.m. - 2:00 p.m.
IV. Comprehensive Disability Management Programs
A. Proactive Approaches
B. Return To Work Concepts
C. The Tool Kit
D. The Team – Making It All Work
2:00 p.m. - 3:00 p.m.
V. Privacy Issues
A. Privacy Legislation
B. WSIB Confidentiality Policies
C. Access/Disclosure Of Medical Information/Documents
D. Use Of Surveillance
E. Workplace Privacy Policies
3:00 p.m. - 3:15 p.m.
3:15 p.m. - 4:15 p.m.
VI. Occupational Disease
A. Review Of Current Legislation And Policy
B. Status Of Recent Policy Developments
C. Managing Claims For Occupational Diseases
4:15 p.m. - 4:30 p.m.
VII. Question And Answer Period