All posts by Carmelle Wolfson

Compliance & Enforcement, Health & Safety, Young Workers

Ontario keeping an eye on young worker safety

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Ontario’s Ministry of Labour (MOL) is conducting a summer blitz targeting new and young workers. From May 1 to August 31, inspections will take place on industrial sector workplaces where new and young workers are employed across the province, the Ministry announced in a statement on May 13.

“Workplace incidents continue to kill and critically injure new and young workers, and that is simply unacceptable. Our sons and daughters deserve to come home safe after a hard day’s work,” Minister of Labour Kevin Flynn said in the statement. “That’s why we’re committed to eliminating workplace tragedies by ensuring all workers know their rights and responsibilities and employers across the province are following the rules.”

The blitz pertains to young workers aged 14 to 24, as well as to new workers who are on the job for less than six months or assigned to a new job, including workers aged 25 and older. The MOL defines new workers as:

  • Any new hire, either permanent or temporary, including supervisors, with or without experience in the industry where they are working;
  • Workers who are assigned new jobs in the same workplace in which they previously performed other work;
  • Student workers, co-op placement students or apprentices;
  • Unpaid secondary school students who are participating in a work experience program authorized by their school board;
  • Other unpaid learners participating in a program approved by a post-secondary institution; and
  • Unpaid trainees who are not employees for the purposes of the Employment Standards Act, 2000, but who are covered by the Occupational Health and Safety Act.

Inspections will take place in the following industrial sectors: farming; agricultural services; tourism, hospitality and recreation; retail; vehicle sales and service; wholesale; automotive; food, beverage and tobacco; and sawmills and logging. Inspectors will be checking that new and young workers are properly informed, instructed and supervised on the job, that they meet minimum age requirements and that they are following required safety measures and procedures to prevent injuries.

Many young workers who receive lost-time injuries are employed as labourers in processing, manufacturing and utilities as well as food counter attendants and kitchen helpers, the MOL said in the statement.

“New and young workers are three times more likely to be injured during their first month of work than at any other time,” said Chief Prevention Officer George Gritziotis in the statement. “We must all work together to improve health and safety and prevent injuries and deaths of these workers at Ontario workplaces. This includes government, employers, supervisors, workers and our health and safety partners.”

Between 2009 and 2013, 30 young workers between the ages of 15 to 24 died in work-related incidents and more than 30,000 received lost-time injuries, notes the Ministry.

More information on young worker safety can be found on the Ministry’s website at: http://www.labour.gov.on.ca/english/atwork/youngworkers.php.

Compliance & Enforcement, Health & Safety, Health and Wellness, Legislation, Workers Compensation

Eleven women face deportation following human trafficking investigation in Ottawa

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(Canadian OH&S News) — Sex worker groups are condemning the police raids on massage parlours in Ottawa that have resulted in deportation orders for 11 women. The investigation inspected 20 massage parlours and body rub facilities in the city from April 27 to 29.

The Ottawa Police Service (OPS) announced on May 8 that it had detained 11 women on immigration-related matters after a joint investigation by the Canada Border Services Agency (CBSA), Ottawa Bylaw Services and the Human Trafficking Unit of the OPS. All of the women appeared for admissibility and detention hearings during the week of April 27 and were subsequently issued deportation orders as they did not possess valid work permits.

Representatives from four sex worker advocacy organizations decried the police’s actions in a statement issued on May 11, which said that the threat of deportation in human trafficking investigations increases women’s vulnerability to violence and limits the ability of victims to come forward.

“Investigations under the guise of trafficking and police raids make the situation even worse. It makes people hide further underground, makes them more vulnerable to violence and endangers their safety,” Elene Lam of Butterfly, an Asian and migrant sex workers support network, said in the statement.

Executive director of Maggie’s – Toronto Sex Workers’ Action Project Jean McDonald said this poses major health and safety concerns for sex workers. “In Toronto, for instance, we’ve had a number of robberies, violent robberies and assaults on migrant sex workers, some of whom are working in massage parlours. Because they may face deportation if they come forward, they can’t make a proper report to the police.”

McDonald suggested that if police truly want to help human trafficking victims they should offer them immunity from deportation and detention and an opportunity to apply for permanent residency. This would encourage victims to report instances of abuse, she said.

“Not only will this protect women who may be involved – whether willingly or unwillingly – in the industry, it will also assist in enforcement efforts to combat trafficking.”

No charges had been laid against the 11 individuals as of May 12. The CBSA investigation is ongoing and additional immigration charges may follow, according to the OPS statement.

“Based on the investigation we conducted during the project itself, there was no immediate evidence of exploitation or human trafficking in any locations that we inspected,” said Sgt. Jeff LeBlanc of the OPS Human Trafficking Unit. The police often get complaints about massage parlours in residential neighbourhoods that are then transferred to the human trafficking unit, he said.

Eleven bylaw charges were issued for improper licensing following the investigation. Establishments must obtain business licenses and massage parlours need massage parlour licenses, according to LeBlanc. The human trafficking unit decided to partner with bylaw services because they are knowledgeable in the licensing requirements, he said.

“Obviously, the main goal is safety of the clients and the safety of the workers,” he said. Many of the establishments had doors that locked from the inside, which could pose safety risks for workers and clients, he noted.

“If this is how we are helping people, it just seems ridiculous,” said McDonald, referring to women being deported. “It really exposes the fallacy of human trafficking laws in Canada… They’re not really helping the people who may actually be facing exploitation or violence within their workplaces.”

Health & Safety, Health and Wellness

Medical procedures postponed following suspicious email from AHS staff member

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Operations were suspended at three Edmonton hospitals on May 4 following the receipt of a mysterious email.

The message, which was sent by an Alberta Health Services (AHS) staff member, potentially threatened the safety of operating room equipment, according to a statement issued by AHS on May 5.

As a precaution, 23 operations were postponed at the Walter C. MacKenzie Health Sciences Centre, which includes the University of Alberta Hospital, Mazankowski Alberta Heart Institute and Stollery Children’s Hospital.

The Edmonton Police Service confirms that it was contacted at 2:15 p.m. on May 4 and is currently investigating the suspicious email.

As of May 5, all scheduled surgeries and procedures were underway as per usual at the Centre, the statement said. In addition to regular procedures, which ensure physicians and technicians routinely complete equipment checks, an additional assessment of main operation room equipment was conducted.

“Following an in-depth investigation, as well as additional safety precautions, we are confident in the decision made by AHS physician[s] and senior leadership to proceed with today’s procedures,” said AHS communications director Kerry Williamson in the statement. He could not give any further details about the event or the contents of the email.

“The ongoing safety and care of patients, their families and our staff is our chief priority, and we will continue to make sure this is upheld,” Williamson said.

Compliance & Enforcement, Health & Safety, Legislation

Recommendations from Stobie Mine inquest highlight safety oversights

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A coroner’s jury has released its recommendations from the inquest into a double fatality at Vale’s Stobie Nickel Mine in Sudbury, Ontario. The inquest into the deaths of Jason Chenier and Jordan Fram concluded on Thursday with the publication of 24 recommendations to improve mining safety.

Crown counsel, Vale and the union representing Stobie Mine workers all said they were pleased with the outcome of the inquest. “The jury, in our opinion, did a fantastic job,” said Joe Guido, recording secretary for the health, safety and environment executive committee at United Steelworkers Local 6500 in Sudbury.

“Ultimately, the 24 recommendations were what we were looking for and the next plan for us is trying to ensure that they’re implemented by the Ministry of Labour and the company.”

Susan Bruce, counsel to the coroner, said the jury’s recommendations had honoured the deceased workers. “If they are implemented, they will go a long way towards ensuring that workers in Ontario are never killed by another run of muck in a mine.”

The jury accepted all eight recommendations put forward by presiding inquest coroner Dr. David Eden and suggested an additional 16. Sixteen recommendations were directed at the Ministry of Labour.

Some of the recommendations to the Ministry included: ensuring workers are located out of the way of uncontrolled material, water or slime; implementing the recommendations in the Mining, Health, Safety and Prevention Review regarding water management and the Internal Responsibility System; requiring a supervisor to attend workplaces every work shift when high-risk tasks are being performed; ensuring that if there is a hazardous condition and the area is barricaded, work is only done after being authorized by a supervisor; and forming a database of field visits and coroner’s inquest recommendations in the province to be reviewed during inspector training.

After the Mining Legislative Review Committee has reviewed the recommendations and reached a consensus, that advice will be passed on to the Minister of Labour for consideration. The process could take anywhere from six months to a six years, according to Guido.

“It’s a tedious process; however, if there is political will from the Ontario government then it can be done relatively quickly.”

During the inquest, all sides were cooperative, Guido said. “We were all there for the same thing. We don’t ever want to see this happen again.”

However, over the two weeks of the proceedings, he said it was very difficult for family members to hear details of how their loved ones had died.

Clifford Bastien perished in a similar incident at the Stobie Mine in 1995. The inquest into Bastien’s death recommended putting workers out of harm’s way by ensuring all control valves are located outside the Ross Feeder control/gate. The Chenier and Fram inquest reiterated those recommendations in clearer terms.

“It is recommended to the Ministry of Labour that no worker shall be positioned so that he or she may be endangered by an uncontrolled run of material, water or slime, while operating controls for moving material,” the document states.

In future, Vale plans to ensure that recommendations coming out of inquests and other major incidents are followed through on. “That is certainly something that we are going to concentrate on moving forward,” said Angie Robson, corporate affairs manager at Vale’s Sudbury operations.

Following an internal investigation, Vale implemented 42 recommendations on safety at the mine, which have been endorsed by the jury. Robson said Vale would review the further recommendations made by the jury.

Chenier, 35, and Fram, 26, were transferring muck through a transfer gate at an ore pass on June 8, 2011 when a sudden release of muck and water broke through the gate. As a result of the accident both miners died from smothering and compressional asphyxia; Chenier also suffered blunt force injuries. After pleading guilty to three of six charges in 2013, Vale received the largest oh&s fine ever issued in Ontario for the violations.

Compliance & Enforcement, Hazmat, Health & Safety

New standard simplifies explosives safety requirements

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Canada has a new national standard on the manufacturing and storage of explosives. The Standards Council of Canada (SCC) and the Bureau de normalisation du Québec (BNQ) on May 4 announced NSC CAN/BNQ 2910-510 Explosives – Quantity Distances. The National Standard of Canada standard aims to help the explosives industry control risks to workers, the public and infrastructure by serving as a guide for those involved in planning the location of explosives storage or manufacturing facilities.

The new standard replaces Natural Resource Canada’s (NRCan’s) User’s Manual for Quantity Distance Principle, a reference document used in the issuance of licences and certificates under the Explosives Act. Explosives – Quantity Distances includes all the requirements for separation distances for explosives in one document and incorporates new information on technical requirements.

“In setting minimum separation distances between the different sites, this standard is designed to improve safety within the industry,” BNQ senior director Jean Rousseau said in a statement issued by the SCC and BNQ on May 4.

Chief Executive Officer of the SCC John Walter said in the statement that the standard demonstrates a commitment to lead the modernization of standards referenced in regulations. “By working together with the standardization network, we have ensured this standard reflects current practice and innovation in the explosives industry, while keeping Canadians safe.”

The goal is to minimize the risk to life and property, said the statement. The document specifies minimum separation distances between potential explosion sites and exposed sites and applies to all locations where the explosion of stored or manufactured explosives could create a blast.

“What we’ve tried to do is come up with a comprehensive document that you would have all the requirements that applies to quantity distance,” said standards writer Sylvie Gingras. The quantity distance manual published by NRCan is “a little bit outdated,” she explained.

Previously, industry professionals had to sort through many revisions contained in multiple documents to find information applicable to minimum distances at explosives sites. “This is the reason why they [NRCan] felt that it would be a good idea to develop the National Standard of Canada [standard] on this topic,” Gingras said.

The standard aims to protect workers by specifying minimum distances between workers and explosives manufacturing and storage facilities. Administrative office staff must be as far away from explosives as any other inhabited building, while non-essential workers must always keep a minimum distance from explosives. The standard specifies that only those who are critical to manufacturing operations should be allowed to stand next to explosives.

The standard represents a consensus among industry and government and incorporates comments made during public consultations, Gingras said.

“There are no current plans to update Canada’s Explosives Regulations,” said NRCan spokesperson Jacinthe Perras. “This new standard supports Natural Resources Canada’s modernized Explosives Regulations, which came into force on February 1, 2014, with a phased-in approach for some provisions over the following 24 months.”

The new standard will be available on the BNQ website in English at http://www2.bnq.qc.ca/en/index.html.

Health & Safety, Young Workers

Dick Martin Scholarship recipients announced

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HAMILTON, Ont. – The Canadian Centre for Occupational Health and Safety has announced the winners of the 2015 Dick Martin Scholarship Award. The honour is granted each year to students in occupational health and safety programs at postsecondary institutions across Canada. Recipients, Florence Janvier from the University of Montreal and Genevieve Fox from the British Columbia Institute of Technology will each be awarded $3000 and their respective academic institutions will each receive $500. The winners were announced during North American Occupational Safety and Health Week, which took place from May 3 to 9. The Dick Martin Scholarship Fund was established by CCOHS’ Council of Governors in 2002 in the memory of past governor on the CCOHS Council and workplace health and safety pioneer Dick Martin.

Health & Safety

Police charge suspects in connection with armed robbery

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TORONTO – The Toronto Police Service has arrested two men in connection with a robbery that took place at a gas station on Kingston Road on April 27. The suspects, aged 14 and 19, were taken into custody on May 4 and appeared in court on May 5. The 19-year-old suspect was charged with robbery while armed with a firearm, disguise with intent and two counts of failing to comply with probation, while the 14-year-old was charged with armed robbery and disguise with intent. On the night of the incident, three men armed with a handgun approached a gas station worker and assaulted the employee, before making off with a large amount of cash and cigarettes. A warrant was issued for the third suspect.

Compliance & Enforcement, Hazmat, Health & Safety, Health and Wellness

Labour ministry, union investigate asbestos complaint

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Alarm bells have been raised about the presence of asbestos and lack of sprinklers at a federal building in Ottawa, following two recent CBC media reports. But health and safety concerns at 875 Heron Road may have been resolved years ago, according to a union representative in Ottawa.

“Yes, there were certainly issues, but they were dealt with, as far as I can see,” said Marc Briere, the first national vice-president of the Union of Taxation Employees, the union representing employees at the Public Works and Government Services Canada (PWGSC)-owned building. “And corrective measures have been taken.”

Briere noted that asbestos had been there from the start, but believed that workers had been aware of it for a while, although he could not say for how long. Since Briere was alerted to the CBC investigation, he has been talking with the local health and safety committee and going through years of reports.

The CBC report detailed the story of a former electrician, Denis Lapointe, who had worked for the Canada Revenue Agency from 1992 to 2008 at the Heron Rd. building and suffered negative health effects, which he now believes asbestos exposure caused. Lapointe claimed that his employer had deliberately withheld information that he had the right to know, such as potential hazardous exposure and his own medical records. The claims were the subject of a 2012 complaint to the Public Service Labour Relations Board. Lapointe uncovered, through Access to Information requests, documents that he believed showed evidence of asbestos exposure to workers during his employment.

The Ontario Ministry of Labour has confirmed that a health and safety officer is investigating a complaint related to the possible exposure of employees to asbestos at the building. “The Government of Canada is committed to preventing accidents and injury to [sic] health of employees in workplaces under federal jurisdiction,” said Andrew McGrath, director of communications for the Office of the Minister of Labour, in an email.

Most federally owned buildings in Ottawa contain asbestos because they were built before the dangers of asbestos were known, said Briere. Based on reports and conversations with local health and safety committee members, he believes some of the asbestos at 875 Heron Rd. has been treated and removed and some of it encapsulated to protect workers. “I don’t have the details, but I see multiple reports on actions that have been taken by the employer CRA and Public Works.”

Briere related that the co-chair of the committee had no concerns with air quality in the building and that a management plan ensured the safety of employees. But he admitted it was not an ideal situation. “Removal of asbestos is always the best solution because it eliminates the hazard completely,” he said.

The PWGCSC said that due to the age of the building, it was not uncommon for asbestos to be present. “That is why PWGSC commissions third-party reports on a yearly basis. These reports help identify new areas where asbestos may pose a risk,” said Annie Trepanier, media and public-relations manager for PWGSC.

“When new issues are raised, PWGSC informs the tenants as well as the Occupational Health and Safety Committee,” she added. “The PWGSC asbestos-management plan is also updated to ensure all contractors, maintenance staff or other workers are aware of the location of the asbestos, so it is not disturbed.”

Based on reports and inspections, PWGSC said, it follows an asbestos-abatement and -encapsulation program, which includes securing access to areas containing asbestos that may pose a risk, indicating its presence through signage and undertaking repairs or the removal of asbestos.

Committee not concerned about lack of sprinklers

Updates to the sprinkler system to install sprinklers throughout all floors of the high-rise building have not been made due to asbestos contamination, according to a subsequent CBC report. While not having sprinklers throughout all floors of a high-rise building contravenes current fire-code regulations, if the building was in compliance with the code when it was constructed, modifications are not necessary until major renovations take place, said a PWGSC spokesperson.

“When the building was constructed, it was compliant with the applicable code,” said Trepanier. “There is no requirement to retroactively address code changes until such time as major renovations are undertaken.”

Briere said the building did have sprinklers and that the local health and safety committee was not concerned because the building had a first-rate emergency plan. “When it comes down to it, they [the sprinklers] are not there to save lives. It’s there to protect the building,” he said, stressing that sprinklers cannot force workers to evacuate the building more quickly.

The CRA would not comment on the specific complaints, but a spokesperson said that the joint health and safety committee addresses health and safety hazards and shares information with employees.

“Our management and organizational culture ensures health and safety are fundamental considerations in every aspect of CRA business,” said Philippe Brideau, assistant director of media relations. The CRA’s occupational health and safety program not only meets, but exceeds legislative requirements, according to Brideau.

The union would be meeting with the CRA and the investigating safety officer soon to find out more, said Briere. “We are looking into it very seriously, and we are trying to make sure that we get all the answers to reassure our people. The employer is fully aware of the importance of the situation.”