Ontario workman's compensation for injury

Jan 15, 2008 23 Replies

I'm not falling into this silly debate. I'm sure you know what I meant.

Here in the UK it would be almost unheard of for a worker to lose any right to benefits because of a missing guard.

First of all, the _employer_ has significant duties here. If there's an accident, the first port of call is the body responsible for the workshop, not the individual. And in most cases, that;s just where we ought to be looking. It's not usually the _worforce_ who are chooisng to use an ancient machine with broken or missing guards on it.

Mind you, we seem to have no ability to make any such charges stick 8-( Even after major rail crashes.

Secondly, even if the machine operator has been caught hacksawing off the guard themselves, they're unlikely to lose any right to injury benefits over their actions.

"Andy Dingley" wrote

Offhand, I can't recall the relevant section of the Health & Safety at Work act, but there is a clear duty of an employee to comply with measures implemented by the employer.

There have been successful prosections for failure to do so.

Respectfully,

Jeff

In the US OSHA does not site individuals:

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employee is expected to follow safety rules but is the employer's responsibility to ensure the rules are enforced.

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