Canadian Safety Reporter - sample

June 2017

Focuses on occupational health and safety issues at a strategic level. Designed for employers, HR managers and OHS professionals, it features news, case studies on best practices and practical tips to ensure the safest possible working environment.

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CSR | June 2017 | News NEWS BRIEF unforeseen or unavoidable mat- ters beyond its control and these created exceptional circum- stances that should prevent a stay of the charges, as established in the recent Supreme Court of Canada decision of R. v. Jordan. The Crown also argued that since this trial involved a corporate ac- cused, the standard for assessing a delay of trail didn't apply. The court found that this wasn't a particularly complex case, as it involved a "single cor- porate accused charged with a single count relating to a single discrete event taking place on one day." The only issue to be examined was the mechanical fitness of the articulated boom lift that Stephenson's leased and there were no complicated legal issues, the court said. The court also found that Crown didn't take any positive steps to fix the disclosure issues that had been plaguing the pro- ceedings, even after the delay surpassed the reasonable expect- ed ceiling of 19 months for trial. The court recognized that the Crown had been caught off-guard by the large file of documents its expert witness mentioned during testimony, but noted that the witness had been retained two years earlier and the Crown should have re- searched him more to learn of the file. Once the file's existence was discovered, there was no op- tion but to disclose it to the de- fence for review, said the court. "This unfortunate develop- ment in the midst of a case that had already experienced inor- dinate delay ought not to have been unforeseen and was totally avoidable through the applica- tion of even a modest amount of foresight and planning," the court said. "It is not a discrete event that excuses delay but rather the opposite, a misstep by the Crown that aggravated it." The court also found that the expert's eye surgery that caused a delay wasn't an emergency and it could have been easily avoided if the Crown had kept the wit- ness informed of trail dates. The court determined that the right of Stephenson's under the charter to be tried within a reasonable amount of time was breached. As a result, it ordered the charge against the company to be stayed. "Even with an extended intake period of six months and attrib- uting another six months for the defence to prepare, the trial it- self would still have started with 18 months of delay, pushing past Morin guidelines even in a case more complex than this," said the court. For more information see: • R v. Stephenson's Rental Services (March 17, 2017), St. Catherines 2111-999-12-3702- 00 (Ont. C. J.). R. v. Jordan, 2016 SCC 27 (S.C.C.). Company < pg. 5 Exxon < pg. 1 Some delays were avoidable WEBINARS Interested in learning more about safety and HR issues directly from the experts? Check out the Carswell Professional Development Centre's live and on-demand webinars discussing topics such as Ontario's sexual violence and harassment plan act, chemicals in the workplace, and fall protection. Visit www.cpdcentre.ca/cos for more information. ©2017 Thomson Reuters Canada Ltd ISBN/ISSN: 978-0-7798-2810-4 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted, in any form or by any means, electronic, photocopying, recording or otherwise without the written permission of the publisher (Thomson Reuters, Media Solutions, Canada). Canadian Safety Reporter is part of the Canadian HR Reporter group of publications: • Canadian HR Reporter — www.hrreporter.com • Canadian Occupational Safety magazine — www.cos-mag.com • Canadian Payroll Reporter — www.payroll-reporter.com • Canadian Employment Law Today — www.employmentlawtoday.com • Canadian Labour Reporter — www.labour-reporter.com See carswell.com for information Safety Reporter Canadian www.safety-reporter.com Published 12 times a year by Thomson Reuters Canada Ltd. Subscription rate: $129 per year Customer Service Tel: (416) 609-3800 (Toronto) (800) 387-5164 (outside Toronto) Fax: (416) 298-5106 E-mail: customersupport.legaltaxcanada@tr.com Website: www.carswell.com One Corporate Plaza 2075 Kennedy Road Toronto, Ontario, Canada M1T 3V4 Director, Media Solutions, Canada Karen Lorimer Publisher/Managing Editor Todd Humber Lead Editor Jeffrey R. Smith Assistant Editor Mallory Hendry Marketing & Audience Development Manager Robert Symes rob.symes@thomsonreuters.com (416) 649-9551 Circulation Co-ordinator Keith Fulford keith.fulford@thomsonreuters.com (416) 649-9585 Sales Manager Paul Burton paul.burton@thomsonreuters.com (416) 649-9928 from the precipitator nearly struck alkylation unit settler tanks contain- ing toxic hydrofl uoric acid, which can be deadly at 30 parts per million. The CSB has asked a federal court to enforce subpoenas against Exxon so the board can read information the company withheld about steps taken to prevent hydrofl uoric acid releases or to mitigate them. "We are confi dent that we under- stand the cause of the Feb. 18 inci- dent and have worked cooperatively with the Chemical Safety Board and staff to fully understand their fi nd- ings and recommendations to im- prove the safety of our operations. In terms of safety, Exxon Mobil meets or exceeds accepted industry practices and has stringent safety measures in place to mitigate risks associated with the modifi ed hydrofl uoric acid alkylation process," Exxon Mobil said in a statement. California residents have pushed local and state leaders to ban the use of hydrofl uoric acid in the state's refi neries.

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