Is jail more likely?

­­Recent cases indicate new direction By Jeremy Warning Monetary penalties have been most commonly imposed on individ­u­als convicted of health and safety offences. That sentencing regime likely developed because regulatory offences are, generally, negligence-based offences rather than intent-based offences. However, some recent decisions suggest that a shift away from monetary penalties as the typical sanction […]

Trade shows

Why we bother I’ve begun to wonder how many hours I’ve spent walking the aisles of trade shows. I know it will be a big number. I started as a student and then eagerly continued on as a young professional. Eventually, I was one of the exhibitors too, and then I really got to know […]

Reprisal firings

When complaints are punished By Jeremy Warning and Cheryl A. Edwards On November 22, 2013, the Ontario Labour Relations Board (“the Board”) released its decision in the Ljuboja v. The Aim Group Inc. and General Motors of Canada Limited, (“AIM”). The Board has potentially signalled a new way to approach the concept of reprisal under […]

Abe Lincoln and me

From log cabins to cross-laminated timber I was born in a log cabin. I guess that makes me a “man of the people” alongside Abraham Lincoln and many others that preceded me. Or maybe I’m only guessing about the log cabin part, and likely exaggerating. I was actually born in Johanna’s Maternity Home, which was […]

New rules

Occupational health and safety training By Jeremy Warning and Ryan Edmonds In early December 2010 the report of the Expert Advisory Panel on Occupational Health and Safety (the “Dean Panel”) set out 46 detailed recommendations to change the occupational health and safety system in Ontario. The Ontario government was quick to accept the Dean Panel’s […]

A world of red tape

From good intentions to filling out forms The premise of industrial design is, generally speaking, that of providing a benefit to somebody. Somebodies, actually. The more the better. That’s why industry is involved. A need is met and money changes hands, from the consumer to the producer and from the producer to the designer, or […]

Death sentences

Criminalization of workplace accidents By Jeremy Warning On Sept. 4, 2013, the Court of Appeal for Ontario released its decision in the sentence appeal in R. v. Metron Construction Corporation. Government prosecutors had appealed against the $200,000 fine imposed on Metron for a charge of criminal negligence causing death. The Court rejected the lower penalty […]

Design saved my life

Doing some good with our craft The first thought that came to me, after the impact, came as a question: I wonder if that’s fixable? What I didn’t realize then was that my left rear wheel had been pushed two feet forward and was now right behind my seat. The force of the bus striking […]

Due diligence

A good story told through documents By Jeremy Warning It is commonly understood that a party charged under the Occupational Health and Safety Act can avoid liability by proving due diligence: all reasonable care to avoid the alleged contravention. In that regard, due diligence can be considered an explanation. It is a story that excuses […]

DLMcK

Legacy lives beyond nice Father’s Day is supposed to be a time of reflection. At this recent opportunity, my thoughts wandered to include someone who I might best describe as my Design Father. My biological parent played an important role in my life, as they all do, but this didn’t include any fathering of my […]