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  • Posted by joe 3 years ago. There are 3 posts. The latest reply is from joe.
  1. Cyclist takes city to labour board, claiming roads are unsafe workplace for those who bike for a living.


    • From the Star:

      Ten years ago, bike courier Wayne Scott won an epic battle against Revenue Canada.

      His arguments persuaded the Federal Court of Appeal to rule that bike couriers could claim food as a fuel expense on their tax returns.

      Now Scott is taking the city to the Ontario Labour Relations Board, claiming Toronto's streets constitute an unsafe workplace for those who cycle on the job.

      Three months after former Ontario attorney general Michael Bryant was charged in the death of bike courier Darcy Allan Sheppard, Scott is asking the board to force Toronto to make its streets safer.

      He wants the city to study the dangers on its roads and address the problems with better street design, enforcement of traffic rules and more bike lanes, within two years.

      Scott, a once and future federal Green Party candidate, says the city has failed to apply the provisions of the Occupational Health and Safety Act, which says employers must take reasonable precautions to protect their workers.

    I don't think Scott has a particularly good case... as the city would only be guilty of not providing safe working conditions if they employed bike couriers (which they don't, although they may use their services).

    However, I think a case could be made that the City isn't adequately providing safe commuting options for ALL Toronto citizens.

    What do you think?

  2. If the streets are unsafe for cyclists, it can be argued that we shouldn't allow biking on the worst ones until they're okay or force riders to wear regulation safety wear.
    I wish Wayne luck but there are a lot of solutions we wouldn't like.

  3. Interesting update from the Star, which addresses my concerns about the City not employing cyclists:


    • Law backs cyclist's quest for safe roads

      A former bike courier's bid to take the city before the Ontario Labour Board – claiming Toronto streets constitute an unsafe workplace for people who bike on the job – has merit, says a personal injury lawyer.

      Patrick Brown said Wayne Scott's "novel'' legal action is about an individual trying to hold the city responsible for providing safe roads.

      ...

      Scott claims the city has failed to comply with the Occupational Health and Safety Act, which requires employers to take reasonable precautions to protect their workers. As many as 500 police officers are on bike patrol on any given day, and about 30 Emergency Medical Services paramedics use bikes.

      Brown, who has acted on behalf of many cyclists injured on city streets, and for the families of those killed, says there is legal precedent in Ontario compelling municipalities to ensure their streets are safe for bikes and pedestrians. The Ontario appeals court ruled in a 2008 case involving a Halton cyclist who was killed that municipalities must ensure roads are in a proper state of repair to provide safe passage.

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