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Occupational Health and Safety and Workers Compensation


According to some statistics, more than 40% of employers are failing to comply with a key OHS requirement: training workers on policies and programs. And some 55% of directors and officers don’t know what to do when an OHS inspector visits their workplace. We can assist employers in these areas to avoid legal risk and public scrutiny.
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Overview

Occupational health and safety laws and Workers’ Compensation regimes across Canada govern the safety of employees and their financial well-being in case of workplace injury or disease. The issues and investigations are complicated. The penalties - which can include criminal convictions and imprisonment - are severe, and the cost of managing employment injuries are significant.

Fasken aligns the creation, audit, adjustment and enforcement of policies with laws and regulations. We write definitive guides and implement programs to manage risk, train leaders and prevent incidents from occurring.

If accidents occur, we represent employers and senior management in stakeholder communications and in discussions with investigators. We represent clients at all levels of Workers Compensation, OHS and criminal negligence (Bill C-45) proceedings
As one of the largest Labour, Employment and Human Rights practices in Canada, Fasken will address your needs consistently, concisely and cost-effectively.

Browse some of our recent work or contact any of our lawyers to learn more.

Achievements

  • Recognized in Workers' Compensation Law, The Best Lawyers in Canada 2020 to 2025
  • Recognized nationwide in South Africa in Occupational Health and Safety Law, Best Lawyers 2025
  • Workers' Compensation Law Firm of the Year by Best Lawyers in Canada, The Best Lawyers in Canada 2022
  • Recognizes 9 Lawyers for Expertise in Workers' Compensation Law, Who's Who Legal Canada 2021

Team

Primary Contacts
  • Alex Kotkas, Partner | Managing Partner, Alberta Region, Calgary, AB | Tsuut'ina, AB, +1 403 261 5358, [email protected]
  • Paul Fouche, Partner | Labour, Employment & Human Rights, Johannesburg, +27 11 586 6021, [email protected]
  • Elaine Léger, Partner | Labour, Employment & Human Rights, Montréal, QC, +1 514 397 4389, [email protected]
  • Sébastien Lorquet, Partner | Labour, Employment & Human Rights, Ottawa, ON, +1 613 696 6891, [email protected]
  • Shane D. Todd, Partner | Chair & Co-leader, Labour, Employment & Human Rights, Toronto, ON, +1 416 868 3424, [email protected]
Alex Kotkas, Partner | Managing Partner, Alberta Region Alex Kotkas Partner | Managing Partner, Alberta Region Calgary, AB Tsuut'ina, AB +1 403 261 5358
Paul Fouche, Partner | Labour, Employment & Human Rights Paul Fouche Partner | Labour, Employment & Human Rights Johannesburg +27 11 586 6021
Élaine Léger Partner/Associée Labour, Employment & Human Rights Montréal Elaine Léger Partner | Labour, Employment & Human Rights Montréal, QC +1 514 397 4389
Sebastien Lorquet Ottawa Lawyer Sébastien Lorquet Partner | Labour, Employment & Human Rights Ottawa, ON +1 613 696 6891
Shane Todd Toronto Lawyer Shane D. Todd Partner | Chair & Co-leader, Labour, Employment & Human Rights Toronto, ON +1 416 868 3424

Experience

  • Autobus Transco’s negotiations end as a new five-year contract is signed with Transco-CSN, [Deal - Autobus Transco (First Student)], In November 2018, Autobus Transco’s negotiations for the renewal of a collective agreement end as a new five-year contract is signed with Transco-CSN. During negotiations in 2017 and 2018, more specifically during a strike by Transco employees, over 15,000 students on the Island of Montreal and ...
  • Employer did not discriminate against cocaine addict who was dismissed for cause, [Deal - Confidential Client], The Supreme Court of Canada recently ruled that an employer may terminate a worker for just cause when he violated a Fitness for Duty Policy by attending work under the influence of drugs. In a landmark human rights decision the Supreme Court ultimately upheld the ruling of the Alberta Human Righ...
  • Seaway Marine acquitted of all charges, [Case - Seaway Marine], On June 14, 2013, the Ontario Court of Justice acquitted Seaway Marine Industrial Inc. (“Seaway Marine”) of all charges laid against it. The Ontario Court of Justice confirmed that Seaway Marine did not breach any obligations under the province’s Occupational Health and Safety Act, and that it to...

Knowledge

  • Federal Minister of Health Issues Letter About Canada Health Act, 1/17/2025
  • WSIB Updates Policy on Employers’ Initial Accident-Reporting Obligations, 10/3/2023
  • Working from Home: Occupational Health and Safety Implications, 10/27/2020
  • Making Sense of OHS General Duty Clauses, 12/3/2019
  • WSIB Chronic Mental Stress Policy - What Employers Need to Know, 2/21/2018
  • Landmark Court of Appeal Decision: Jail Upheld for Kazenelson in Metron Case, 2/21/2018
  • Alberta Announces Review of OHS Legislation, 10/23/2017

Events

  • Workers’ Compensation Updates for 2023 – What Employers Need to Know, 11/28/2023
  • Workplace accommodation: Where do we draw the line?, 6/14/2023
  • Joint Health and Safety Committee Certification – Part 2, 12/8/2022
  • Joint Health and Safety Committee Certification – Part 1, 11/29/2022
  • Conducting Effective Workplace Harassment Investigations, 11/22/2022
  • Understanding Health and Safety Due Diligence, 11/15/2022
  • Preparing for a Workers’ Compensation Appeal, 11/10/2022
  • Workers’ Compensation Claims Management, 9/13/2022
  • Dealing with a Health and Safety Inspector, 8/25/2022
  • Understanding Health and Safety Due Diligence, 6/22/2022

News

  • Fasken Wins “Workers' Compensation Law Firm of the Year” and “Mining Law Firm of the Year” in the 2022 Best Lawyers in Canada Guide, 8/26/2021
  • The 2021 Canadian Legal Lexpert Directory Recognizes 235 Fasken Lawyers, 4/22/2021
  • Fasken Receives High Recognition in the 2019 Canadian Legal Lexpert Directory, 4/22/2019
  • Fasken Wins Labour and Employment Law Firm of the Year in the 2019 Best Lawyers in Canada Guide, 8/21/2018
  • Fasken Wins a Canadian Occupational Safety Readers’ Choice Award, 8/17/2018
  • Fasken Martineau Wins Mining Law Firm of the Year in the 2018 edition of Best Lawyers in Canada Guide, 8/22/2017
  • Fasken Martineau Releases 2017 Employer Occupational Health and Safety Survey Report, 4/20/2017
  • 2016 Canadian Legal Lexpert Directory recommends 169 Fasken Martineau Lawyers, 6/30/2016
  • Fasken Martineau releases 2016 Employer Occupational Health and Safety Survey Report – Building a Safer Workplace, 5/4/2016
  • 2015 Lexpert directory recommends 158 Fasken Martineau Lawyers, 6/25/2015

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