YELLOWKNIFE, N.W.T. – The Northwest Territories government is implementing new occupational health and safety legislation this year. On April 16, The N.W.T.’s Worker’s Safety and Compensation Commission (WSCC) announced that the recently drafted Occupational Health and Safety Regulations will officially become law on June 1, with similar regulations expected to go into effect in Nunavut later in 2015. According to background information from the WSCC, the territorial government’s Safety Advisory Committee developed the new regulations through participation in extensive engagement with N.W.T. residents. “It is very important for organizations to thoroughly review the new Regulations to see how the changes will affect their operations,” WSCC president and CEO Dave Grundy said in a press statement following the announcement. “One of the major highlights of the new Regulations is the increased support for an Internal Responsibility System (IRS), which allows employers and workers to ensure safe workplaces together.” The Occupational Health and Safety Regulations are available online at http://www.wscc.nt.ca/sites/default/files/documents/NWT%20OHS%20REGS.pdf.
Category Archives: Legislation
No criminal charges laid in co-op student’s death
The death of a 17-year-old co-op student at an auto-parts facility last September in the township of West Lincoln, Ontario has been deemed an accident with no criminal liability. No charges are being laid, following investigations by the Niagara Regional Police (NRP) and the Ontario Ministry of Labour (MOL).
Adam Keunen, a Grade 12 student at Beamsville District Secondary School in Beamsville, was in his first week at a co-op placement at Plazek Auto Recycler when he was hit and crushed by a front-end loader on the morning of Sept. 26. Both the NRP and the MOL sent investigators to the scene of the fatality immediately.
MOL media representative William Lin confirmed to COHSN that the ministry’s investigation had been completed as of March 24.
“I can confirm that no charges were laid in this incident,” Lin said, adding that criminal charges in such an incident were the police’s department. “What we do is, in general, reinforce the Occupational Health and Safety Act. Criminal charges are separate from that.”
The NRP did not respond to COHSN by press time, and Plazek had already stated that it would not be commenting to the media on the incident.
Despite the perceived lack of criminal responsibility in the fatality, Keunen’s death has resulted in public reaction leading to legislative change. Following the incident, the Canadian Intern Association (CIA) called for increased oh&s protection of unpaid work-integrated learning programs under the Occupational Health and Safety Act (OHSA), the Employment Standards Act and the Workplace Safety and Insurance Act.
“The exclusion of co-op students from OHSA meant that it was the Niagara Regional Police that led the investigation into the workplace accident, rather than the Ministry of Labour, who normally investigates such incidents,” the CIA stated in a press release on Sept. 29. “These tragic incidents necessitate that the Ontario government undertake a fulsome review of co-ops, academic internships and experiential learning programs, to ensure the safety and well being of students and young workers is being protected.”
In November, the Government of Ontario revised OSHA to cover unpaid co-op students, as well as learners taking part in a work placement that a school board or post-secondary institution has approved.
The Canadian Centre for Occupational Health and Safety offers some advice on using tractors with front-end loaders around other employees safely:
- Make sure all other workers keep away from the tractor when using the loader;
- Keep the load as close to the ground as possible, to prevent the tractor from tipping if its rear lifts;
- Operate the vehicle at low speeds;
- Don’t go downhill with a loaded bucket;
- Drive in a straight line when loading or raising the bucket to unload;
- Before raising the bucket, get as close to the intended dump area as possible;
- Never let anyone ride in the bucket or use it as a work platform;
- Never stand or work under a raised loader, nor let anyone else walk under it; and
- Never drive the tractor with a lifted load.
Transport Canada responds to multiple CN derailments
Following the derailment of a Canadian National (CN) freight train near Gogoma, Ont. on March 7 – the second CN derailment in the region, and the third in Northern Ontario, in less than a month – Transport Canada (TC) has spoken out about its controversial safety standards, both on Parliament Hill and to the media.
The train, which consisted of 94 tank cars carrying crude oil eastbound from Alberta, was roughly halfway between Sudbury and Timmins when 30 cars derailed. There were no reported injuries or fatalities in the disaster, but some of the cars caught on fire and some of the oil fell into the Mattagami River System.
A media contact with the Transportation Safety Board of Canada (TSB) confirmed to COHSN that as of March 10, the fire had been extinguished and a TSB crew had taken over the site to investigate. No other specific information was available at the time, she added.
During Question Period at the House of Commons on March 9, federal Transportation Minister Lisa Raitt defended TC’s recent efforts in safety regarding the transportation of dangerous goods by rail. “We are working with the United States on what a new system will be in terms of a new tank-car standard,” she reportedly said.
In a statement sent to COHSN, TC said that the new standard would call for tank cars more robust than the typical CPC-1232 cars to carry flammable liquids. Adoption of the new car, DOT-117 (TC-140), has been in consultations since July 18, TC added.
“The new proposed tank car would include thicker steel,” TC explained, “and require the tank cars to be manufactured as a jacketed, thermally insulated tank car with a full head shield, top-fitting protection and new bottom outlet valve.”
TC said that it had been conducting technical discussions with its U.S. counterparts to harmonize North American the tank-car standards. “This work is being conducted in an expedited manner,” TC said. “Consultations on the proposed tank car continue.”
CN did not respond to COHSN’s request for an interview by press time.
Since the tragedy in Lac-Mégantic, Que. less than two years ago (COHSN, July 15, 2013), the government has responded to safety concerns with increased rail regulations and directions. In the statement, TC claimed to have hired more safety inspectors, trained them to do audits and ordered them to carry out the audits more frequently. Last April, TC issued a protective direction to phase out insufficient tank cars, particularly CTC-111A (known as DOT-111 in the U.S.) cars, and order shippers to develop Emergency Response Assistance Plans for tank cars carrying dangerous goods (COHSN, April 28).
But others have been expressing alarm about the series of derailments, particularly regarding environmental damage.
Steven Del Duca, Ontario’s Minister of Transportation, called the most recent incident “very concerning” in a March 9 press statement, adding that he intended to confront Raitt about the issue. Mattagami First Nation chief Walter Naveau told the Canadian Press on the same day that his community was concerned about smoke inhalation, river contamination and other environmental threats.
“The safety and security of the transportation system are Transport Canada’s top priorities,” TC said. “Transport Canada takes all incidents involving dangerous goods seriously.”
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.
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.
Sex worker groups question constitutionality of new legislation
Two sex worker groups in Toronto have asked Ontario’s Attorney General to stop the enforcement of new sex work legislation.
In an open letter to Madeleine Meilleur on Feb. 9, STRUT and Maggie’s: The Toronto Sex Workers Action Project asked the Attorney General to: advise Ontario Premier Kathleen Wynne that the laws are likely unconstitutional; advise Crown attorneys against prosecuting charges laid under the new legislation as generally not being in the public interest; and hold a meeting with the two organizations.
Bill C-36, the Protection of Communities and Exploited Persons Act (PCEPA), came into effect on Dec. 6 and amended the Criminal Code to make “purchasing sexual services or communicating in any place for that purpose” a criminal offence. Other amendments prohibit receiving a material benefit from sex work, advertising prostitution and communication in a public place for the purposes of selling sex services and equating prostitution offences with human trafficking ones (COHSN, Dec. 15). The bill was in response to a Supreme Court of Canada decision, which struck down a series of laws regarding prostitution.
“PCEPA is a set of laws that force people in the sex trade — whether they are there by choice, coercion or economic circumstance — into harm’s way,” the open letter said. “In substance, these laws reproduce most of the provisions that were struck down and go even a step further by adding new harmful provisions. These laws violate the constitutional rights of people in the sex trade,” the letter charged.
The letter added that sex trade workers themselves had expressed “serious concerns” that this legislation would not help sex trade workers who need assistance and that it would actually endanger those who are most vulnerable.
Françoise Boivin, an NDP MP for Gatineau, Que. who has been a lawyer for nearly 30 years, said that the issue was one of health and safety. She said that she believed the new law was likely not completely constitutional or unconstitutional, noting that the NDP had proposed an amendment that would prevent sex workers from having a criminal record.
“Attorney General Meilleur’s decision is life or death for sex workers, and we’re not at a critical juncture where we could avoid more harm,” said Jean McDonald, director of Maggie’s, in a press release. “We cannot wait through years of legal wrangling as people in our communities experience more and more violence.”
The Ministry of the Attorney General could not be reached for comment by COHSN press time.
To view the open letter, visit http://wearestrut.org/our-work/lobbying/open-letter-to-ontario-attorney-general/.