Category Archives: Compliance & Enforcement

Saskatchewan to increase random workplace inspections

Saskatchewan’s occupational health and safety authorities are stepping up random workplace inspections, after more than a year of focusing efforts on more injury-prone workplaces. Don Morgan, provincial Minister of Labour Relations and Workplace Safety, announced on March 4 that he had ordered the ministry’s oh&s department to increase random inspections.

Morgan’s announcement came shortly after a CBC report that an October 2013 policy change had resulted in severe decreases both in inspections and in notices of contravention. Former oh&s officer Pat Bowers claimed that worker safety was at risk because of a 94 per cent decrease in notices handed out to employers.

“The concern that was expressed to our Minister was one of ‘We’re not doing any random inspections,’ when, in fact, we always have been,” Mike Carr, the province’s Deputy Minister of Labour Relations and Workplace Safety, told COHSN. “But it led the minister to make the observation that we could probably do more.”

Carr explained that the ministry’s policy change in 2013 was an attempt to lower the province’s overall injury rate – Canada’s second-highest – by narrowing the focus on the most problematic workplaces. “We used to be in a situation where 90 per cent of the work that our officers did was random, 10 per cent was focused,” he said. “We’ve repositioned our resources, done some additional training and said that our officers are going to undertake intelligence-based, evidence-based activity with a narrow group.”

Saskatchewan Federation of Labour president Larry Hubich said he was “encouraged” by the ministry’s recent decision, but still skeptical about its approach to oh&s enforcement.

“They should have never reduced the number of random inspections in the first place,” said Hubich. “I have no doubt in my mind that workplaces are more dangerous, that employers are cutting corners and that workers are more vulnerable.”

Hubich was concerned that some employers were not reporting accidents properly, but encouraging employees to stay at work with lighter duties instead, to avoid higher Workers’ Compensation Board (WCB) premiums. “I’ve had stories told to me from individuals who are afraid to go public because they’re afraid of retaliation,” he said. “That’s the climate that we’re in the midst of.”

Carr claimed that workplace injuries in Sask. had actually decreased. “In those workplaces where we have focused our attention on the target initiative, we’ve achieved a 22 per cent reduction year over year in injury rate,” he said.

But Hubich was unconvinced. “His agenda is to deliver for the corporate sector,” he said about Carr, “so I have no confidence that the interest of workers or their safety is a paramount priority for the current deputy minister. Anything that he says in this regard, I take with a grain of salt.”

Hubich also charged that the provincial government’s bureaucrats had met with those in Alberta and British Columbia to determine which oh&s laws interfered with trade. If the government put health and safety below the corporate agenda of its financial backers, he said, “I’m not confident that we’re getting an adequate enforcement of occupational health and safety legislation.”

Carr said that while random inspections would increase, the ministry would continue to invest the majority of its resources in the workplaces with the most injuries. “We did an analysis based on 2013 WCB statistics and determined that 86 per cent of Saskatchewan workplaces were injury-free that year. We said our attention should really be focused on the 14 per cent of workplaces that are having an injury experience.

“We will, in accordance with the Minister’s direction, do some more random inspections, but they will be still the smallest proportion of the work.”

“I see nothing but the watering down of occupational health and safety standards by this government,” said Hubich. “Health and safety should take priority over everything.”

Ontario plans to address sexual harassment in oh&s legislation

TORONTO, Ont. – As part of its new action plan, It’s Never Okay: An Action Plan to Stop Sexual Violence and Harassment, the Government of Ontario hopes to revise its occupational health and safety legislation to address workplace sexual harassment in a stronger way. Premier Kathleen Wynne announced on March 6 that the plan would propose concrete oh&s legislation that would require all Ontario employers to address and investigate accusations of sexual harassment in the workplace. “As a woman, ending sexual violence and harassment is a cause I feel strongly about – and as a leader, it is also one I know is right for Ontario,” Wynne said in a press statement. “Our action plan is an affirmation that everyone in this province deserves dignity, equality and respect.” A backgrounder from the government noted that 28 per cent of Canadian workers claimed that they had received unwelcome sexual advances, been asked for sexual favours and/or been subject to sexually charged talk at work.

City of Ottawa to invest in extra safety officers for public transit

OTTAWA, Ont. – The transportation committee for the Ottawa city council announced on March 4 that it would be investing $600,000 into hiring more safety officers for the city’s public-transit sector. The intention is to reduce the amount of traffic collisions involving city-owned buses and trucks, including OC Transpo vehicles, by increasing compliance visits with additional staff. The City plans to hire six new safety officers and to move two public-works employees over to the fleet, according to local media reports. Safety officers will now have the power to suspend a driver’s authority to operate any municipal vehicles or equipment, although the employee may still drive his or her own personal vehicles. Recent information from the federal Ministry of Transportation has said that buses and trucks owned by the City of Ottawa were involved in 942 collisions from 2013 to 2015. Most notably, a bus-train collision in the suburb of Barrhaven on Sept. 18, 2013 killed six people and injured 35 more (COHSN, Sept. 30, 2013).

City of St. John’s meeting with taxi-industry reps to reduce violence

Following recent violent assaults on taxi drivers in the Newfoundland and Labrador capital, the City of St. John’s has been holding meetings with representatives of the local taxi sector to discuss ways to improve safety for cabbies.

Since two separate incidents in the city involving violence against drivers occurred over the weekend of Jan. 31/Feb. 1, two of these meetings have taken place. Although the provincial government deals with occupational health and safety issues, the city’s municipal government has been trying to facilitate a dialogue between the industry and oh&s authorities, according to St. John’s deputy mayor Ron Ellsworth, who belongs to the City’s taxi committee.

“We had seven people in total show up, which may not seem like a lot, but we were encouraged by it because it’s about getting the message out,” said Ellsworth.

Stakeholders have been concerned about the potential financial costs of safety equipment, like security cameras or barriers between drivers and passengers, he added. “What we’re saying to the industry is that a lot of these things don’t require costs.” For example, driver education and training that focus on how to deescalate dangerous situations could go a long way. “A lot of the stuff is just cheat sheets with notes on it, or a sheet of paper with ‘10 Things to Do’ sort of thing, which is very low-cost, but could have a very high impact.”

Ellsworth noted that education would be most effective with younger and newer employees, as experienced drivers usually know enough to avoid confrontation with passengers. “Some newer drivers are getting out of their vehicles and trying to get that $20 fare to pay up. So straying around your life or endangering someone is not worth that $20 bill.” It’s better to drop the customer off and deal with it later, perhaps through the police, he said.

North West Taxi owner David Fleming, who had attended the meetings, acknowledged that the city’s taxi sector had seen recent violence, but wasn’t convinced that the situation was dire enough yet to require security cameras or barriers.

“Violence can happen at any place at any time,” said Fleming. “Violence can happen in school, it can happen at offices. You can’t be responsible for what an individual is going to do.” Compared to other types of workplaces like retail or service stations, where there is always the potential for robbery, the St. John’s taxi sector wasn’t especially bad, he added. “In my experience, you’re looking at, 90 to 95 per cent of your customers are good people.”

What bothered Fleming more was the lack of crime-enforcement representation at the meetings. “There was nobody in attendance from the Justice Department or the RNC,” he said, referring to the Royal Newfoundland Constabulary. “Absolutely no input from them. I mean, they’re your first line of communication when you have an incident.” Typically, St. John’s cab drivers have ended up looking out for each other in these situations, Fleming added, because when one calls the police, “you’re 14th on the priority list.”

Aside from violence, another safety issue that concerned Fleming was insufficient snow plowing on the streets in winter. Snow and ice had been causing taxi accidents in the city, he pointed out, “but nobody wants to hear that part of it.”

Although the St. John’s taxi committee generally deals more with issues involving cab meters and inspections, driver safety is an issue that it also takes seriously, Ellsworth explained.

“We’ve had a couple more severe ones over the last couple of years, where drivers have been badly hurt,” Ellsworth added, referring to assaults. “Safety’s always one of the issues on the agenda, just the point of view of trying to make sure drivers have a safe work environment.”

Municipal, provincial governments fined for 2011 road fatality

ST. JOHN’S, N.L. – The City of St. John’s and the Newfoundland and Labrador Department of Transportation and Works have each been ordered to pay a fine of $60,000 for breaking oh&s laws, violations that led to the death of a government inspector and injuries to two other workers on a St. John’s highway on July 5, 2011. That day, a group of employees of the City, the Department and Irving Oil Commercial GP were inspecting pavement on the TransCanada Highway when an SUV swerved into another lane, lost control and collided with the workers (COHSN, July 11, 2011). Department employee Joseph English, 51, was killed. On Sept. 2 of last year, a Royal Newfoundland Constabulary officer testified in court that a lack of warning signs on the road was largely to blame for the accident (COHSN, Sept. 15). “The employers failed to establish that they had taken all reasonable care and that the defence of due diligence had not been proven on a balance of probabilities,” Provincial Court Judge Mark T. Linehan concluded in court documents from the trial, dated Dec. 9. The two $60,000 fines were announced on Feb. 27.

New federal laws, regulations for rail transportation of dangerous goods

Transport Canada (TC) has introduced new legislation designed to make railway companies more accountable for accidents involving transportation of dangerous goods. It has also initiated new regulations for railways’ Safety Management Systems (SMS), or their self-developed safety standards.

Federal transport minister Lisa Raitt announced new amendments to the Canada Transportation Act and Railway Safety Act in the House of Commons on Feb. 20. The Safe and Accountable Rail Act creates a new liability and compensation system for federally regulated railways; this includes minimum insurance requirements, a compensation fund financed by levies on crude-oil shippers, increased provisions regarding information sharing and added oversight by TC inspectors.

“The Government of Canada continues to make the safety and security of Canadians a top priority,” Raitt said in a Feb. 20 press release. “This new legislation will improve railway safety and strengthen oversight, while protecting taxpayers and making industry more accountable to communities.”

On Feb. 25, the Railway Safety Management System (SMS) Regulations, 2015 were published in Canada Gazette, Part II. These updated regulations, which go into effect on April 1, are a response to recommendations in the Auditor General’s report from November 2013. Among the changes: a provision to deal with scheduling and employee fatigue; and one that allows workers to report safety concerns to superiors without fear of reprisal.

NDP MP Hoang Mai, federal opposition critic for transport, told COHSN that the updated legislation and regulations were a step in the right direction, but that more needed to be done to ensure that railways and their employees would follow these rules.

“Some of the regulations were long overdue,” said Mai, “in terms of improving SMS systems, especially when we looked at keeping the railway companies accountable.” But while railway companies now had more obligations, nothing was in place to guarantee that TC would enforce them via competent inspectors and auditors, he added. “Rails are not being inspected properly, and that’s a concern that we have regarding inspections. Does Transport Canada have enough resources to make sure that inspections are being done?”

Another key issue is the use of CTC-111A tank cars (also known as DOT-111), which have been deemed inadequate for carrying dangerous goods, due to their tendency to puncture during derailments. Last year, TC issued a protective direction to phase out all CTC-111A cars built before January 2014, but the Transportation Safety Board of Canada (TSB) deemed the new standards insufficient.

TC introduced the Safe and Accountable Rail Act less than a week after a freight train carrying crude oil derailed and burst into flames near Gogama, Ontario. The TSB’s ongoing investigation has revealed that the train’s 100 CTC-111A tankers met the new TC standard, but still “performed similarly” to those involved in the Lac-Mégantic disaster in July 2013.

“DOT-111 tankers are still not safe enough, and we’ve seen it with accidents happening. So there is a big concern on that front,” said Mai.

In a press release following Raitt’s announcement, the Railway Association of Canada (RAC) stated that it supported the government’s intentions to have more stakeholders share responsibility for rail accidents involving dangerous goods such as crude oil, but expressed concern that these changes didn’t cover goods that could cause the most damage.

“We are pleased with the government’s efforts to ensure that victims are compensated,” said RAC President and CEO Michael Bourque in the release. “However, the regime can be improved by including other dangerous goods – such as chlorine – in the compensation fund right away.”

The RAC added that the Canadian rail sector had made efforts to improve safety, transparency and emergency preparedness since Lac-Mégantic, while working with governments and other relevant parties to develop new safety regulations.

The revised SMS Regulations are viewable online at http://www.gazette.gc.ca/rp-pr/p2/2015/2015-02-25/html/sor-dors26-eng.php.

B.C. Nurses’ Union vows to press charges for violent incidents

The president of the B.C. Nurses’ Union (BCNU), British Columbia’s largest nursing organization, has said that the union plans to start pursuing legal action whenever a nurse is injured by a patient while on the job, as long as the victim authorizes the action.

At the annual BCNU convention in Vancouver on Feb. 24, Gayle Duteil announced to hundreds of attendees that the union would press charges against attackers as well as healthcare facilities. BCNU has also developed a new policy that will provide support for nurses who experience physical or psychological injury at work, she revealed.

“We have to change society’s expectation that just because you are unwell and in a healthcare facility, that it is okay to assault a nurse, to hit or pinch or spit or bite or verbally yell at them,” BCNU vice president Christine Sorensen told COHSN. “We can’t continue to allow that to happen.”

BCNU’s intention, Sorensen added, was to get B.C. healthcare authorities to respond properly to violence against healthcare workers. “They, unfortunately, seem more interested in downplaying or covering up the violence against our nurses instead of protecting our nurses,” she charged. “And we want them to fully investigate and provide solutions that are going to reduce it.”

Sorensen cited a recent violent assault that healthcare authorities had neglected until BCNU’s intervention. “Our member reported it to WorkSafeBC,” she explained, “who had not been informed of the event and felt it was an urgent matter and, in fact, went out to the site immediately to follow up.” If it weren’t for this report, the police would not have been informed and no investigation would have been conducted, she said.

Following Duteil’s announcement, Terry Lake, the B.C. Minister of Health, told reporters at the provincial legislature in Victoria that the ministry was already working with healthcare professionals to reduce occupational violence as much as possible.

“Health authorities have a lot of programs in place to reduce violence and deescalate with training,” Lake told the reporters on Feb. 24. “If someone is assaulted, then often, I think it’s appropriate to have that looked at if there’s criminal behaviour involved.”

In the case of assailants with mental illnesses, Lake said that it was up to the legal system to determine whether they were criminally responsible for their actions. “Often, there’s a lack of awareness on the part of the patient,” he noted. “Fortunately, we have very well-trained nurses, psychiatrists and people who work in the mental-health system. They know how to deescalate behaviour.”

Sorensen said that BCNU was also planning to create a phone line, through which healthcare professionals could report violent incidents, by June 11. “So we want to have our hotline up and running, so that we can find out more of what’s going on with our members,” she said.

She added that security, training and staffing were woefully inadequate in B.C. healthcare facilities. “Nurses do not go to nursing school to learn takedowns, to learn how to deal with violent patients.”

Lake acknowledged that nursing on the frontline could be a dangerous job. “When people are ill, whether they have physical ailments or mental illness, they can react in a surprising way that can be violent,” he said. “We’ve seen that happen, where the patient does become violent and people get hurt.”

Asked whether the BCNU’s plans were a broadside against the Ministry of Health, Lake replied that he intended to assist healthcare unions in making their workplaces safer.

“Their members deserve to have a safe workplace,” he said, adding that when people are mentally or physically ill, “their behaviour can be unpredictable. We need to make sure nurses are well-trained, that personnel are available to deescalate and to manage any potentially violent situation.

“The safety of the workplace is extremely important to us,” Lake said.

Food-packaging company fined $150,000 for tractor-trailer fatality

TORONTO, Ont. – A fine of $150,000 was handed down to Marmora Freezing Corporation, a firm that packages food for shipment, in response to the 2011 death of a security guard from a temp agency. The worker was performing a midnight shift on the early morning of Dec. 14 of that year, when he decided to go outside for a smoke break, according to a court bulletin from the Ontario Ministry of Labour. He was wearing dark clothing with no reflective components and would have been difficult to see at night. As the guard was walking along a travel way, a car driven by a departing co-worker hit him and knocked him to the ground; immediately afterwards, he became caught in the mud flap of a tractor-trailer, which pushed him approximately 100 metres. The temp worker died of crush asphyxia; his body was discovered afterwards under a rear wheel of the trailer. On Feb. 23, Judge Peter M. Gettlich fined Marmora for failing, as an employer, to take every reasonable precaution to protect a worker. The court also imposed a 25 per cent victim surcharge on the fine.

Sun-Brite Foods fined $70,000

RUTHVEN, Ont. — Sun-Brite Foods Inc. was fined $70,000 on Feb. 9, after a seasonal farm worker was critically injured in an industrial accident. On Sept. 5, 2013, the Mexican seasonal worker was cleaning the “peeler room” of the company’s food processing facility near Ruthven, the Ministry of Labour (MOL) said in a media statement. The room contained tomato peeling machines, each with a waste chute connected to a trough, with a power screw auger pushing waste material through the trough. On the day of the accident, the worker was cleaning the area around one of the machines, but one foot slipped into the trough and became caught in the auger. The worker required partial amputation on the foot, the MOL said. A ministry investigation found that the peeler machine in question had been installed just two weeks prior to the accident. While steel mesh guards were affixed over the waste troughs of the three other machines, no guard had yet been installed on the newest machine, leaving the auger fully exposed.

Injury spurs $50,000 penalty

MISSISSAUGA, Ont. — Anixter Canada Inc., a wire, cable, communications and security product company, was fined $50,000 on Feb. 10 after a worker was injured in 2013. On July 24 of that year, an employee of Anixter was using an order picker forklift to move empty pallets at the company’s warehouse, the Ministry of Labour (MOL) said in a release. The employee was operating the forklift in reverse down an aisle, with the pallets stacked loosely on the forks, when a pallet contacted a nearby rack. The rack was pushed into the operator’s compartment, pinning him and injuring his leg. Anixter pleaded guilty to failing to ensure that materials were carried or moved in a way that did not endanger the safety of a worker.