Occupational Health & Safety and Workers’ … prosecutions and liability – the best possible...

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Occupational Health & Safety and Workers’ Compensation Group Local. National. Legal and Consulting Services for Employers.

Transcript of Occupational Health & Safety and Workers’ … prosecutions and liability – the best possible...

Page 1: Occupational Health & Safety and Workers’ … prosecutions and liability – the best possible outcome for our clients. ... with legal obligations and due diligence expectations,

Occupational Health & Safety and Workers’ Compensation GroupLocal. National. Legal and Consulting Services for Employers.

Page 2: Occupational Health & Safety and Workers’ … prosecutions and liability – the best possible outcome for our clients. ... with legal obligations and due diligence expectations,

How we can help

Workplace accidents Having immediate access to strategic, knowledgeable, and practical advice can dramatically reduce the risk of personal and corporate OHS charges as well as administrative penalties. Our group includes three former OHS prosecutors, Cheryl A. Edwards, Hal Rolph and Jeremy Warning, who, together with Mark Mills, Paul McLean, Kyle MacIsaac, Loretta Bouwmeester, and Deanah Shelly, offer decades of experience in dealing with the most serious, high profile and complex workplace accidents in federally and provincially regulated workplaces.

Mathews Dinsdale’s lawyers have a strong record of preventing OHS prosecutions and liability – the best possible outcome for our clients. In addition, our experienced lawyers and members of our CompClaim consulting group can offer immediate on-site support. We can be there to help you address any immediate risks to health and safety and guide you in collecting the information necessary to advance the interests of your organization and your officers, directors, supervisors and management.

Appealing OHS orders or directions Orders or directions under OHS legislation can have detrimental business and safety-related consequences, especially when they are made without an appropriate factual or legal foundation. These orders or directions may be appealed, and pending the hearing of an appeal, suspensions or stays of orders or directions can be requested. Mathews Dinsdale has a significant track record of success in appeals of provincial and federal orders and directions.

Litigating OHS charges When prosecutions occur, our experienced and successful courtroom advocates can skillfully litigate the case in a manner that keeps your best interests in mind. Mathews Dinsdale also has significant experience representing clients in appeals, Coroner’s inquests, labour board proceedings, and other OHS-related proceedings.

Occupational Health & Safety and Workers’ Compensation Group mathewsdinsdale.com | iuslaboris.com

Unique to Mathews Dinsdale is our consulting practice, CompClaim, which provides specialized consulting services in workers’ compensation and health and safety matters. Whether engaged to provide proactive services to minimize risk, or reactive assistance to address an issue or crisis, our lawyers and consultants support and represent provincially and federally regulated businesses.

Mathews Dinsdale is Canada’s only national boutique labour and employment law firm. With six offices across Canada, and decades of legal and consulting experience, we can deliver strategic advice, practical solutions, and immediate crisis management, locally and nationally.

Mathews Dinsdale is recognized as a leader in Canada for OHS and Workers’ Compensation matters. Combining the strength of specialized OHS litigators including three former OHS prosecutors, peer-recognized advisors, acknowledged authors and editors, and experienced trainers and consultants, we serve all possible needs of business and management.

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Urgent or sensitive OHS issuesWe provide strategic and practical advice to clients on matters that are urgent, complex and involve sensitive issues. These can include work refusals, complaints of workplace violence or harassment, issues related to asbestos or other designated substances, contracting for work, and issues involving the designation of construction projects. Mathews Dinsdale maintains a 24/7 OHS hotline for assistance at 1.855.MDC.4.OHS (1.855.632.4647).

We know the applicable legal requirements, obligations, case law and the approach of government regulators. This allows us to provide strategic advice to creatively protect your interests while complying with applicable regulatory obligations. Our strong, positive relations with government authorities allows us to work effectively with them to address complex workplace health and safety issues to achieve satisfactory and cost-effective results.

Managing Workers’ Compensation Claims Mathews Dinsdale has decades of experience in assisting clients to manage claims, ensure legislative compliance (including WC re-employment obligations), support early and safe return to the workplace, and reduce claim and human costs. We draw on our deep knowledge of applicable laws and policies, as well as our connections in the fields of ergonomics and health care, to assist in managing claims from the most straightforward injury to the most complex occupational disease claim. We also advise on appropriate human rights-related accommodation, taking into account collective agreements and workplace practices to minimize costs and liability to employers. We help you keep costs down and productivity up.

Our experienced and knowledgeable team of lawyers and consultants include David Gorelle, the first lawyer in Ontario to be certified by the Law Society as a specialist in Workplace Safety and Insurance Law, and Laura Russell, a CRSP and licensed paralegal, both recipients of the Ontario Bar Association, Workers’ Compensation Law Section’s Ron Ellis Award for exceptional contributions and achievements in the field of workers’ compensation law.

Appealing or Defending DecisionsWhether you want to appeal or defend a claim decision, evaluate a rate group classification, or explore or defend a transfer of cost, we are here to help you navigate the system and appeals processes. Our group can identify strategic timing and opportunities for appeals including cost recovery and/or mitigation, advise on classification issues and assist in challenging and changing rate groups for competitive fairness and advantage. Our group members are experienced in cost transfers, whether to another employer who caused the injury to your worker or through a cost relief program where a worker’s disability is impacted by a pre-accident medical condition.

Program Reviews and Training Seminars We are experienced advisors on national and local OHS and WC policies and programs. Our team can advise on compliance with legal obligations and due diligence expectations, as well as enhancements to existing programs. We also conduct solicitor-client privileged legal audits, which remain confidential for the business and its management team.

Mathews Dinsdale also advises on specialized topics such as workplace violence prevention and harassment, accident response, and director and officer risk management. Our lawyers and consultants are frequent speakers at professional conferences and in-house training seminars on new and existing legislation, due diligence for corporations and supervisors, directors and officers, contractor safety, and practical claims management and OHS topics, amongst many other seminar topics.

Contracting for construction work or for servicesContracting for construction work or for services is a complex area where requirements differ by jurisdiction and there is a high risk of OHS and/or workers’ compensation liability. Mathews Dinsdale can assist in this area by providing strategic advice in creating or reviewing contracts and contractor management programs. Whether you are the owner of a greenfield site or existing operating facility contracting for construction work, or engaging service contractors, we can guide you through the web of complex provincial and federal contracting requirements.

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ONTARIOCheryl A. Edwards*

PartnerT. 647.777.8283C. 416.452.4958

Jeremy Warning*

PartnerT. 647.777.8284C. 647.407.5732

Mark D. MillsPartnerT. 416.869.8547C. 416.561.0610

Hal Rolph*PartnerT. 416.869.2505C. 416.574.5742

S. David Gorelle**

PartnerT. 416.869.8543C. 647.293.0812

Deanah I. ShellyAssociateT. 416.869.2502C. 416.575.5398

Julie WellerAssociateT. 647.776.2051C. 647.296.8394

WESTERN CANADALoretta BouwmeesterPartnerT. 403.538.5042C. 403.831.2252

Lori BrienzaAssociateT. 403.538.5047C. 403.630.2528

Wilson ChanAssociateT. 403.351.1115C. 403.401.3796

Paul D. McLeanPartnerT. 604.638.2044C. 604.897.4870

Gradin D. TylerPartnerT. 604.638.2043C. 604.830.1618

ATLANTIC CANADAKyle MacIsaacPartnerT. 902.334.0437C. 902.229.1685

COMPCLAIMLaura A. RussellPartner, Licensed Paralegal, CRSPT. 416.869.8541C. 416.580.5444

Emily A. RussellConsultant, Licensed ParalegalT. 416.869.8537C. 647.224.2360

Debbie A. Martin, RPNConsultant, Licensed ParalegalT. 416.869.2504C. 647.297.8770

Connect with us

* Former OHS Prosecutor ** Certified Workers’ Compensation Specialist

CANADA NOVA SCOTIA • ONTARIO • ALBERTA • BRITISH COLUMBIA

Need Immediate OHS Assistance? Call 1.855.MDC.4.OHS (1.855.632.4647) available 24/7.

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Our lawyers are called in multiple provinces and territories, and are available to assist in numerous jurisdictions.