By: Gavan Howe PhD (at dissertation)

Gavan Howe PhD (at dissertation) — Tue, 06 Feb 2018 14:28:11 +0000

This incident and its final ruling demonstrates why, as I have argued and advocated for, workers in hazardous trades urgently need a robust and highly inclusive definition of ‘risk of harm’. One which fully recognizes the notion of risk of harm as also being when employers, owners, supervisors, and contractors knowingly place their employees and sub-contractors in harms way without proper risk mitigation strategies, and not just risk of harm to the public. The trial judge involved in the swing stage incident may not have had to ‘wrestle anxiously with the appellant’s moral blameworthiness’ had a robust, and highly inclusive definition of risk harm been in place as Senator Tony Dean (Dean Review, 2016) recommended to MOL and OCOT. As well, perhaps a more inclusive definition of risk of harm might have enabled the trial judge to cast a wider net to include others who may have been involved in this sad event?
Gavan Howe PhD (at dissertation)

Comments on: Swing stage appeal dismissal a ‘victory’ for workers

By: Gavan Howe PhD (at dissertation)