OHS Canada Magazine quotes Toronto lawyer, Norm Keith in an article regarding the uncertainty between disruptive technology and the application of health and safety laws.
But not everyone agrees that such disclaimers absolve sharing companies of their due responsibility towards worker and consumer safety. Norm Keith, partner with Toronto law firm Fasken Martineau DuMoulin LLP, believes that there is no occupational-safety exemption for companies like Uber.
“Anytime you have a new disruptive technology or idea, there is a little bit of uncertainty as to whether current laws apply. But the health and safety legislation in Ontario − and certaintly across Canada − focuses on the relationship between a worker and workplace and who is the employer,” Keith says, explaining that employer obligations are not necessarily predicated on an employment relationship or contract.