Fortunately or unfortunately, depending on how you look at it, the Act and Regulations place a great deal of importance on making the protection fool-proof. One of the reasons for that is the Ontario court of Appeal case of R. v.. Dofasco Inc. (2007) 87 O.R. (3d) 161 at paragraph 24: “Workplace safety regulations are not designed for the prudent worker. They are intended to prevent workplace accidents that arise when workers make mistakes, are careless, or are even reckless. In our view, this principle also extends to deliberate acts of employees while performing their work.”
Follow this link to read a very interesting article by Mr. Norm Keith of Gowling, Lafleur, Henderson LLP on the implications that this decision has had.
Follow this link to read a very interesting article by Mr. Norm Keith of Gowling, Lafleur, Henderson LLP on the implications that this decision has had.
