Common sense says you can’t “find non-compliance” and Order an employer to do something that they’re already proactively doing. We just proved it.
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Alberta OHS Lawyer
When OH&S issued a series of Orders to our client alleging confined space violations at a specific work site, there was just one fundamental problem: it wasn’t our client’s site.
The old “accident as prima facie breach” approach to the Crown proving the actus reus continues to rear its head. Until we finally put it to bed, that is.
Shoot first, ask questions later? When Alberta OHS issued an Administrative Penalty without ever calling our client, we called them out.
When WorkSafe BC advised our client that they were considering an Administrative Penalty as a result of some questionable Orders, we stepped in. And they stepped back.