A Recent Decision of the Divisional Court

1. Review their Collective Agreement, internal policies and document the policy of whether or not a construction worker is paid to drive to and from a construction project or staging area (like in the Interpaving case) to minimize similar WSIB, financial and legal risk.
2. Review and update all employer’s safety policy, fit for duty policy, and driving a company vehicle policy (yes, he rolled the company truck), and ensure a strict "zero tolerance” policy and prohibition of all workers driving while under the influence of drugs or alcohol.
3. Training and documentation of the training of all construction workers on items 1 and 2 above, including supervisors and management is critical.
4. Object to and appeal all WSIB claims where a worker is injured when they are in violation of 1. or 2. Above, with competent legal counsel (the first hearing is the most important to win).
5. Consider putting together an industry working group to lobby the Ontario Government to amend the Workplace Safety and Insurance Act to prevent a worker who is injured as a result of their consumption of alcohol or drugs, whether or not they are in the course of employment or when driving to and from a construction project or staging area, from entitlement of WSIB benefits.

Should anyone want to discuss this case, please feel free to reach out to Norm Keith.