OHS Canada December 2010 by Annex Business Media

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C A N A D A

HARD BEAUTY BEAST Silky, shiny and sickening

GIVE AND TAKE Safety beneﬁts of social responsibility

PAIN POINT Acupuncture takes a stab at coverage

WORKABLE RETURNS Human rights versus workers’ comp

&'2 Combating violence in long-term care

Your

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FEATURES C C A A N N A A D D A A

C OR P OR ATE R ES P ON S IB ILITY

The Social Network

DECEM B ER 20 1 0 Vo l u m e 26 , Num b e r 8

With sustainability and employee relations occupying prominent spots in corporate social responsibility programs, does safety also stand to beneﬁt? BY DONALEE MOULTON

F OR M ALD EHY D E

Beauty Treatment Clients at an Oregon salon could get silky, shiny hair for just a few hundred dollars. But high formaldehyde levels left stylists paying the price. BY ANGELA STELMAKOWICH

L ON G- TER M C AR E

Take Care Medical advances may not be slowing the march of time as much as altering it. Rising cognitive impairment in long-term care can put workers at risk. BY EMILY LANDAU

DEPARTMENTS

AC C I D E N T P R EV EN TION

Chill Out It’s that time of year again — time to bundle up for work outside. But the cold is just one of the hazards ushered in by winter’s arrival.

WOR K E R S ’ C OM P EN S ATION

Pinpointing Recovery The pain relief offered by acupuncture is getting more notice on the public front. Are compensation boards ready to cover this alternative treatment?

BY DAN BIRCH

Avoiding the Fall

IN THIS ISSUE EDIT O RIA L

Three Count L ET T ERS

Not the whole story O H&S U PD AT E

TSB sounds alarm on ﬂights; charges laid in Yukon mine death; Manitoba unveils farm building code; gas claims two migrant workers in Ontario; Nova Scotia car dealership pleads guilty in blast; and more. DISPAT C HES

Is that work task more than a couple metres up? If so, take care to ensure fall protection — from a basic guardrail to a harness and lanyard — is in place. BY JASON CONTANT

L AW F I LE

Rights and Wrongs With human rights requirements frequently trumping workers’ comp obligations, what is the effect on the injury accommodation process? BY DAN BIRCH

TI M E OUT

Stone-cold accuracy; hazard on high; dressed to impress; monster smash; code red; a genuine lifer; and more.

Parade safety on display; sticking it to sharps; a twist on stay-cations; and more. READER PO L L ANNU AL IN DE X PRO FESSIO N AL DIRECT O RY PRO DU C T S HO W CAS E AD INDE X / REA DER S ERV I CE I NF O

S AF E TY GEAR

24 52 54 56 57

A discovery is said to be an accident meeting a prepared mind. — ALBERT SZENT-GYORGYI

www.ohscanada.com

DECEMBER 2010

EDITORIAL

Three Count S

ometimes the most expedient and least painful thing to do is to say uncle. So it seems to be in Ontario, where the years-long battle to get a firm hold on the Workplace Safety and Insurance Board’s (WSIB) unfunded liability has apparently beaten down the insurer’s confidence that its current approach augurs well for success. The new plan, announced in September, is to start fresh. The WSIB is betting a year-long funding review will generate the ideas necessary to take down an unfunded liability that ballooned to $12 billion this past March and that, in light of the pattern of new claims, is projected to rise to $14 billion in the next three years, before beginning to decline. Defined as the difference between payments for future benefits to workers and funding received from business, the unbridled unfunded is being pinned on low premiums, rising claims and health “Right now, care costs, and declining investment rethe fund is turns following the economic downturn. “Right now, the fund is only large enough only large to cover about half of the projected costs in the system,” the board notes. enough to The WSIB has pulled out some big guns, like Harry Arthurs, former dean of Osgoode Hall Law School in Toronto, who cover about is heading the review. Arthurs is joined by half of the a small advisory committee. Views will be gathered from workers, projected organized labour and employers on the WSIB’s financial future, including approcosts.” priate funding, the rate group model and a timeline for eliminating the unfunded liability. Input on how to free the board of that financial albatross will, no doubt, range from concrete concerns to raging rhetoric and solid solutions. In advance of identified solutions — but meant to rein in the mounting shortfall — the WSIB has announced the average premium will rise two per cent in both 2011 and 2012. More than half of registered employers will see little or no increase in the coming year, although high-risk operations with a history of costly claims can expect to shoulder the brunt of this load. There will be some hefty hikes: the rate for poultry farms and agricultural services will rise 19.5 per cent; 19 per cent for fruit and vegetable products; 18.4 per cent for warehousing; 17.8 per cent for air transport services; and 17.5 per cent for both courier services and natural gas distribution. Unlike in the past, no rates will go down. “Employers with good safety records will continue to be eligible for rebates under the WSIB’s incentive programs,” the board notes. Predictably, small business representatives have come out swinging, characterizing the average rate increase as an “irre-

DECEMBER 2010

OHS CANADA

sponsible tax grab” that will do nothing to support economic recovery. Satinder Chera, vice-president of the Ontario arm of the Canadian Federation of Independent Business (CFIB) in Toronto, has called on the provincial government to immediately stop the board “from skirting its responsibilities and forcing employers to pay for the WSIB’s financial fiasco.” Employers have done their part with multi-year premium increases, Chera says, adding that past efforts helped to halve the number of work-related injuries and whittle down the shortfall to $6 billion. “Those gains have been squandered,” he argues, and employers “are now on the hook for two years of increases, and maybe even beyond.” The WSIB counters that, over the last 25 years, money collected from employers and investment income has been less than the cost of funding the system. “Costs have outpaced premium revenue by five per cent each year since 1999.” Also predictably, injured workers’ reps have raised concerns that current benefits may hang in the balance. David Marshall, president and CEO of the WSIB, has promised that efforts now under way “will steer us toward our goal of achieving full funding, while preserving workers’ benefits and, ultimately, lowering employer premiums.” Less predictably, perhaps, the Canadian Auto Workers (CAW) has lent its support to the review. “This is an important step in strengthening WSIB funding so we will never be in the situation where injured workers will see their benefits reduced,” says CAW national president Ken Lewenza. “Injured workers should never have to worry about having their benefits cut because of an unfunded liability.” Coupled with what it calls the “modest premium rate increases,” the WSIB will complete the following internal administrative changes to help get back to a balanced position: s carry out comprehensive policy review and renewal; s adopt a program to address return-to-work and labour market re-entry with clear targets to measure success; s focus on timely decision-making and service for occupational disease claims; s modify incentive programs to ensure self-funding by balancing rebates with incentive surcharges; and, s commission an independent value-for-money audit of claims administration and adjudicative processes. The audit will include an inter-jurisdictional comparison to identify policy- and decision-making processes “that achieve appropriate, timely and consistent decisions in a financially responsible and accountable manner.” It seems to be the season of the review in Ontario. First, a major once-over of the safety system was called last winter; now, it is WSIB processes — financial and otherwise. Hopefully, it does not turn into silly season, but rather, a time when a strong strategy is identified to wrestle down worry and have a sustainable approach come out on top. Angela Stelmakowich

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C A N A D A’ S O C C U PAT I O N A L H E A LT H & S A F E T Y M A G A Z I N E

LETTERS C A N A D A

Vol. 26, No. 8 DECEMBER 2010 EDITOR ASSISTANT EDITORS

NOT THE WHOLE STORY The Editor: A new Alberta government website offering workplace injury and fatality records may be well-intentioned, but it fails to do enough to protect workers (OH&S Update, “Plan to beef up accountability,” October/November 2010). While the Alberta Federation of Labour (AFL) in Edmonton welcomes the move to publish information about safety, what this website provides is incomplete, not easily accessible and difﬁcult to understand. In short, there is a bewildering array of statistics, but little information that employees or potential employees would ﬁnd useful. To test the site, the AFL took names of companies charged under Alberta’s Occupational Health and Safety Act and the Employment Standards Code and searched the website for information. We found the following details: s Clayton Construction Limited is facing seven charges for an alleged offence involving a fatality on September 3, 2008. A search on the new site came up with “no results found.” s Canadian Natural Resources faces two charges for the same event. The company has also been charged in relation to three other fatalities and three injuries. A search brings up

three records for the company, two of which have references to lost-time claims (LTCs) in 2008 and LTC rates marginally above the rates for the industry, but no reference is made to the fatality or charges. s Central Alberta Well Services Corp. faces five charges for an alleged offence on August 26, 2008. A search on the website results in eight records for the company, under varying “Industry Name” segments, each giving different LTC statistics. This kind of information may be of use to researchers and statisticians, but it is meaningless to average citizens and workers trying to find out if employers do a good job on safety. The website also fails to include the most important data — a full record of violations of the Occupational Health and Safety Code. Workers need to know how many times employers have been written up by oh&s officers and those reports should be posted, the same way some jurisdictions post health inspectors’ reports on restaurants. The website should also offer information about all stop-work and/or stop-use orders that have been issued. Gil McGowan President Alberta Federation of Labour Edmonton

Our December issue offers plenty to chew on: violence in long-term care, the dangers of formaldehyde in salons and social corporate responsibility. Here is a sample of what readers have said, through www.ohscanada.com, about past articles in OHS CANADA or posted on our website. s Loud places and heart problems — “Constant noise can disrupt you mentally, creating confusion and stress… As your hearing loss graduates, it will cause poor communication between co-workers, creating even greater stress.” s Falling pipe kills worker — “This is a good reminder that fall protection doesn’t only include securing workers, but also making sure that areas in danger of falling debris have been marked off.” s Protective shields on buses — “We need to have the law changed [to] ensure that when a bus operator is assaulted, it’s the same as an assault on a police ofﬁcer… The shields are a must in our occupation.” Want to comment on a story appearing in the magazine or on the website? Write to astelmakowich@ohscanada.com. Letters may be edited for length and clarity.

EDITORIAL ASSISTANT

ANGELA STELMAKOWICH astelmakowich@ohscanada.com JEAN LIAN jlian@ohscanada.com DAN BIRCH dbirch@ohscanada.com EMILY LANDAU elandau@ohscanada.com

ASSOCIATE EDITORS Hazardous substances Safety gear ART DIRECTOR PRINT PRODUCTION MANAGER PRODUCTION MANAGER MARKETING SPECIALIST CUSTOMER SERVICE ASSOCIATE PUBLISHER PUBLISHER PRESIDENT, BUSINESS INFORMATION GROUP

WILLIAM M. GLENN JASON CONTANT JAMES WARDELL PHYLLIS WRIGHT JESSICA JUBB DIMITRY EPELBAUM LORI THOMPSON-REID SHEILA HEMSLEY shemsley@ohscanada.com PETER BOXER pboxer@ohscanada.com BRUCE CREIGHTON

EDITORIAL ADVISORY BOARD MEMBERS DAVID IRETON, Safety Professional, Brampton, Ont. ALLAN JOHNSON, Director of Construction, Hospitality, Oil and Gas, Workers’ Compensation Board of B.C., Vancouver, B.C. JANE LEMKE, Program Manager, OHN Certiﬁcation Program, Mohawk College, Hamilton, Ont. DON MITCHELL, Safety Consultant, Mississauga, Ont. MICHELE PARENT, National Manager, Risk Management and Health and Wellness, Standard Life, Montreal, Que. TERRY RYAN, Workers’ Compensation and Safety Consultant, TRC Group Inc., Mississauga, Ont. DON SAYERS, Principal Consultant, Don Sayers & Associates, Hanwell, N.B. DAVID SHANE, National Director, Health and Safety, Canada Post Corporation, Ottawa, Ont. HENRY SKJERVEN, President, The Skjerven Cattle Company Ltd., Wynyard, Sask. PETER STRAHLENDORF, Assistant Professor, School of Environmental Health, Ryerson Polytechnic University, Toronto, Ont. JONATHAN TYSON, Association of Canadian Ergonomists/Association canadienne d’ergonomie, North Bay, Ont.

OHS CANADA is the magazine for people who make decisions about health and safety in the workplace. It is designed to keep workers, managers and safety professionals informed on oh&s issues, up to date on new developments and in touch with current thinking in the oh&s community. WEBSITE: http://www.ohscanada.com INFORMATION AND RECOMMENDATIONS contained in this publication have been compiled from sources believed to be reliable and to be representative of the best current opinion on the subject. No warranty, guarantee, nor representation is made by Business Information Group as to the absolute correctness or sufficiency of any representation contained in this publication. OHS CANADA is published eight times per year by BIG Magazines LP, a division of Glacier BIG Holdings Ltd., a leading Canadian information company with interests in daily and community newspapers and business-to-business information services. The yearly issues include: January/February, March, April/May, June, July/ August, September, October/November, and December. Application to mail at Periodicals Postage Rates is pending at Niagara Falls, N.Y. 14304. U.S. Postmaster, Office of Publication, send address corrections to: OHS Canada, 2424 Niagara Falls Blvd., Niagara Falls, NY 14304-0357. ADDRESS: OHS CANADA MAGAZINE, 12 Concorde Place, Suite 800, Toronto, ON M3C 4J2. TELEPHONE: Customer Service: 800/668-2374; Editorial: 416/510-6893; Sales: 416/510-5102; Fax: 416/510-5140. SUBSCRIPTIONS: Canada: $110.50/year; USA: $132.50/Year; foreign: $137.50. (Prices include postage and shipping; applicable taxes are extra.) SINGLE COPIES: Canada: $13.50; USA: $16.50; foreign $17.00 Bulk subscription rates available on request. Indexed by Canadian Business Periodicals Inc. ISSN 0827-4576 Printed in Canada. All rights reserved. From time to time we make our subscription list available to select companies and organizations whose product or service may interest you. If you do not wish your contact information to be made available, please contact us via one of the following methods: (Tel) 1-800-668-2374; (Fax) 416-510-5140; (E-mail) jhunter@ businessinformationgroup.ca; (Mail) Privacy Officer, Business Information Group, 12 Concorde Place, Suite 800, Toronto, ON, Canada M3C 4J2. The contents of this magazine are protected by copyright and may be used for your personal, non-commercial purposes only. All other rights are reserved and commercial use is prohibited. To make use of any of this material, you must first obtain the permission of the owner of the copyright. For further information, please contact the editor. “We acknowledge the financial support of the Government of Canada through the Canadian Periodical Fund (CPF) for our publishing activities.”

POSTAL INFORMATION: Publications mail Reg. No. 08807. (Publications mail agreement no. 40069240.) Postmaster, please forward forms 29B and 67B to Business Information Group 12 Concorde Place, Suite 800, Toronto, ON M3C 4J2. Date of issue: December 2010

DECEMBER 2010

OHS CANADA

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OH&S UPDATE

LOSS OF REGISTRY AVERTED FEDERAL — Police groups are likely breathing a collective sigh of relief after a motion to abolish Canada’s long-gun registry, a move they charged would put officer safety on the line, was narrowly defeated in Parliament. The registry will remain in place after the bill was rejected in the House of Commons on September 22 by a vote of 153 to 151. Conservative MP Candice Hoeppner introduced the bill in May, 2009. It proposed repealing “the requirement to obtain a registration certificate for firearms that are neither prohibited firearms nor restricted firearms,” which the Criminal

Code of Canada defines as including handguns and automatic firearms. Frank Elsner, chief of the Greater Sudbury Police Service in Ontario, argued before the vote that eliminating the registry would limit the ability of officers to accurately assess risks when attending calls. “Before the officer goes to any call or deals with an individual, [that person’s] name or that address is cross-referenced with the gun registry, so at least we have an idea if there are weapons in the home,” Elsner said. The database lets police officers know whether or not there are any licensed individuals in the home, how many weapons are registered to the home in question and the types of registered weapons, said Charles Momy, president of the Ca-

nadian Police Association in Ottawa. Liberal MP and public safety critic Mark Holland had suggested prior to the House of Commons vote that “if you are only able to see one weapon, you might not know that there are another eight. Without the registry, it [would be] a lot harder to remove those weapons.” If police officers know firearms are likely present, they “probably wouldn’t approach that residence directly. We may send additional units, we may send a tactical response unit,” Elsner said. Michael Gendron, a spokesperson for the Canadian Association of Chiefs of Police in Ottawa, reports that over the last decade, “16 police officers have been killed by firearms, and 14 of those involved a long gun.”

LOW VISIBILITY STILL A CONCERN FEDERAL — The pilot at the helm of an amphibious aircraft that crashed into a British Columbia island in dense fog, killing him and six others, “had a tendency to push the weather,” notes a new report. The finding is part of the final investigation report into the incident, released September 22 by the Transportation Safety Board of Canada (TSB) in Ottawa. The day before the deadly incident on November 16, 2008, the Pacific Coastal Airlines pilot flew in conditions that were below visual flight rules (VFR). His decision “was likely affected by confidence gained through previous successes under similar conditions,” notes the TSB. At 10:13 am, the pilot and seven passengers, en route to Powell River, took off from the aerodrome at the south terminal of the Vancouver International Airport. Just 19 minutes into the flight, the Grumman G-21A crashed into Thormanby Island, about halfway to its destination. The plane had been chartered to transport employees and cargo of Peter Kiewit Sons Company to a work camp northwest of Vancouver. One passenger survived. Investigators identified three main contributing factors to the crash: the pilot likely departed and continued flight in conditions below VFR minimum weather conditions; he continued a VFR flight into instrument meteorological conditions (demanding adherence to instrument flight rules) and did not recognize his proximity to terrain; and reports of weather improvement may have caused him to think that weather along the travel route would be sufficient for a low-level flight. The TSB has issued a warning against flying in low visibility. “There are some hard lessons that need to be learned and re-learned in aviation, and this is one of them,” Bill Yearwood, manager of air investigation operations for the

DECEMBER 2010

OHS CANADA

board’s Pacific Region, says in a TSB statement. “VFR pilots must be able to see the ground below and ahead of them at all times. It’s almost impossible to avoid obstacles and rising ground when clouds are low, the visibility is poor and you’re flying at twice the speed of cars on the highway,” Yearwood says. Five per cent of air accidents, and a quarter of deaths, result from collisions with land or water while under crew control, the TSB notes. “Risk is even greater when aircraft venture into mountainous terrain in poor weather,” it adds. “Customers can put pressure on companies to complete flights,” Yearwood says. “We need to see better decisions from companies and pilots to prevent these kinds of accidents.” Just months prior to the incident, in August of 2008, another Pacific Coastal Airlines aircraft crashed near Alice Lake, British Columbia. The pilot and four passengers died, and two passengers survived. “It’s a big part of our history now,” says Spencer Smith, a company vice-president. “Although we felt we were being very good and we felt that we were a leader in regards to regulatory compliance and such, that didn’t help.” Smith reports Pacific Coastal Airlines has taken several measures in the wake of the crashes, including raising its minimum allowable departure visibility for VFR flights. Maryse Durette, a spokesperson for Transport Canada in Ottawa, notes that the department is developing regulations that will require the installation and operation of a Terrain Awareness Warning System for commercial air taxi, commuter and airline operations. The equipment “provides alerts to flight crews when the path of the aircraft is predicted to collide with terrain,” Durette says. — By Dan Birch

WHO YOU GONNA CALL? NURSE ADVISORS RICHMOND — British Columbia employers whose business is

construction now have easy access to some dedicated care. The Construction Nurse Line was recently launched by WorkSafeBC, based in Richmond, British Columbia. Registered nurses with expertise in occupational injury and returnto-work (RTW) planning serve as the primary contact for construction company owners, superintendents, supervisors, site safety ofﬁcers, ﬁrst aid attendants and RTW coordinators. Judy Reilly, construction client services manager at WorkSafeBC, notes in a presentation that these nurse advisors can offer assistance on a number of fronts: UÊ providing claims updates and clarifying expectations; UÊ collaborating with workers, employers, physicians and other health care providers; UÊ performing site visits to facilitate RTW planning; and, UÊ helping employers to develop injury/disability management programs. The view is that construction can use a little help getting workers back on the job more quickly. Reilly notes that in 2009, the average claim duration in construction was almost twice that for all claims. And duration for 2010 offers little indication that the trend is abating, with the average being 73 days as of June. Grant McMillan, president of the Council of Construction Associations in Richmond, British Columbia, is fully supportive of the new service. The transient nature of the construction sector can make RTW a real challenge, McMillan says.

EIGHT CHARGES IN MINE DEATH — A mining company based in Burnaby, British Columbia faces eight charges in connection with the death of a young worker at a Yukon operation last year. Procon Mining and Tunnelling has been charged under the Yukon’s Occupational Health and Safety Act following the death of Paul Wentzell, 20, on October 19, 2009. The apprentice mechanic at Vancouver-based Yukon Zinc Corporation’s Wolverine Mine site had parked his Toyota Land Cruiser on an underground slope to deliver an equipment part to a co-worker, says Kurt Dieckmann, director of oh&s for the Yukon Workers’ Compensation Health and Safety Board in Whitehorse. Wentzell suffered fatal injuries when he was struck from behind by his own vehicle, Dieckmann says. On October 7, the company was charged with failing to do the following: ensure the vehicle’s emergency brakes were maintained in safe operating condition; ensure the vehicle was properly identiﬁed when unsafe for use, and not used until repaired; inspect, repair or

WHITEHORSE

“Projects come and go and workers may not always have a working relationship that is long term,” he points out. “The biggest hurdle is matching the injured worker with the available work,” McMillan adds. “The whole philosophy is that we want to keep a worker at work,” says Rachelle Grace, one of the two nurse advisors who currently staff the phone line (four additional nurse advisors get claims directly from the system). As part of RTW planning, a nurse advisor will look at a claim, review the medical and discuss limitations, Grace says. The notion that a person must be “100 per cent” before getting back is outdated, she suggests, adding that employers are encouraged to “think outside of the box.” Timely return to modified work, before transitioning to full duties, is of benefit to employers and workers alike, she says. Employers can reduce costs and retain valuable staff, while workers can avoid getting into a disability mindset. “If they can stay at work and do meaningful work, even if they’re not 100 per cent, it really helps with the psychosocial aspect and their progress,” Grace says. She acknowledges that there is limited modified work available at different stages of a construction project. Some employers are meeting that challenge by relocating their injured workers to different company sites. The phone service is open Monday to Friday from 8:30 am to 4:30 pm. Visit www.worksafebc.com for more info. — By Angela Stelmakowich

maintain a braking system in accordance with good engineering practice; inspect the vehicle’s braking system within its 250-hour maintenance schedule; ensure a worker had received adequate training on the vehicle’s safe use and operation; ensure a worker had demonstrated competence in operating equipment; ensure the worker was under direct supervision when operating mobile equipment; and ensure the emergency brake actuation control was identiﬁed to show the function it served. On the day of the accident, Dieckmann says that Wentzell came across another piece of mobile equipment parked in the middle of the drift. After stopping his vehicle on a 15-degree decline, the young worker pushed the emergency brake actuation button on the dash of the vehicle to activate one of its three emergency braking systems (there was also a foot pedal brake and an emergency parking brake between the seats). The emergency brake did not hold, releasing the vehicle and striking him from behind. Details of the ﬁnal investigation report have not been released, Dieckmann says, pending court proceedings.

HARASSMENT SPURS AWARD VANCOUVER — A British Columbia wom-

an has been awarded almost $8,000 after the Vancouver-based BC Human Rights Tribunal determined her complaint of sexual harassment by a co-worker played a role in her termination. In his September 15 ruling, tribunal member Murray Geiger-Adams ordered Dave’s Custom Metal Works Ltd. in Port Coquitlam, British Columbia to pay Corina Soroka about $2,900 in lost wages and $5,000 for injury to her dignity, feelings and self-respect. The employer must also provide each current employee with a copy of the ruling. Soroka was terminated in September, 2009 after she complained to plant owner Dave Rouleau about an earlier incident in which supervisor Ian MacDonnell took her to his home to discuss a previous event. That ﬁrst incident occurred on July 28, 2009, one day after Soroka took time off work because of a crushed ﬁnger she suffered while cutting metal. MacDonnell subsequently called Soroka, and the two employees exchanged more than two dozen sexually themed

www.ohscanada.com

DECEMBER 2010

ADMINISTRATIVE FINES MAY BE IN SIGHT EDMONTON — An increase in the number of work-related

fatalities has Alberta contemplating the adoption of administrative penalties for employers and workers found to have breached oh&s requirements. Employment and immigration minister Thomas Lukaszuk noted in September that he is giving “very serious consideration” to instituting oh&s penalties and tickets, first as a pilot project within the construction industry, and then expanding to other sectors. “We are now looking at other jurisdictions that exercise that measure, and if we find that it is appropriate for Alberta, we will be instituting it,” Lukaszuk says. Amounts for both workers and employers would need to be large enough to serve as deterrents, the minister adds. The number of work-related fatalities increased 20 per cent between July, 2009 and July, 2010, notes information from Alberta Employment and Immigration (AEI) in Edmonton. Most workplace parties are diligent about safety, Lukaszuk suggests, but “there’s that one per cent of employers and employees where we need to look at stronger enforcement.” A government-appointed panel assembled to review the possibility of administrative fines came up with a number

text messages. Rouleau later issued a verbal disciplinary warning to MacDonnell. As well, the supervisor received a disciplinary warning for insubordination on the day that Soroka was ﬁred.

BC CONSTRUCTION NURSE LINE (604) 279-8155 or 1-877-633-6233 The Construction Nurse Line is a new provincial phone service providing construction employers with direct access to a WorkSafeBC nurse advisor

Construction Nurse Advisors:

605

Are registered nurses with experience in construction

Are experts in occupational injury and return-to-work planning

Provide a clinical perspective that is separate from claims entitlement and preventions issues Collaborate with workers, employers, healthcare providers, and physicians in developing and

(604) 279-8155 or 1-877-633-6233

monitoring safe and individualized return-to-work plans When should you call the Construction Nurse?

To arrange job site visits to facilitate your return-to-work planning when barriers are identified For information on limitations and/or assistance in identifying appropriate modified duties To assist and support you in problem solving complex return-to-work issues

To assist you in developing your Injury Management/Disability Management Programs For general claims update

Keeping your injured workers connected to the workplace or getting them back on the job is an important part of their recovery, and early intervention is the key to successful return-to²work planning

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DECEMBER 2010

OHS CANADA

of recommendations, says Robin Kotyk, chief operating ofﬁcer for the Alberta Construction Safety Association in Edmonton. The focus was on “13 items within the legislation that could be affected right away,” including fall protection, personal protective equipment and working around power lines, Kotyk says. He reports panel members recommended that inspectors should issue compliance orders on site, followed by tickets if a breach is not corrected. Gil McGowan, president of the Alberta Federation of Labour (AFL) in Edmonton, says that he is “cautiously optimistic” about the possibility of administrative penalties. However, McGowan argues that a system allowing inspectors to ticket both employers and workers may be problematic. “The solution is not to ﬁne workers for violation of the [oh&s] code. Our strong preference would be for the government to use this new tool to crack down on employers who have put their workers at risk,” he says. In addition, he says he would like to see the province be more aggressive in prosecuting work-related fatalities. — By Emily Landau

“I accept that, on the one hand, [MacDonnell] wanted to make things right with Ms. Soroka so that they could continue to work together, but that, on the other hand, he continued to press her, against her expressly stated wishes and feelings, to accept that his interest in her was understandable and even justiﬁed,” Geiger-Adams writes. He “did so in a setting that he had engineered by using his authority to direct her work — one in which she was isolated and vulnerable.” Geiger-Adams found that the employer had discriminated against the worker as a result of MacDonnell using his access, through his employment, to Soroka’s cellphone number; MacDonnell using his authority as a supervisor to take Soroka away from the workplace to his home, where he engaged in further threats, interference and inappropriate behaviour; and Rouleau deciding to terminate Soroka’s employment as a means of solving the problem created for him by MacDonnell.

VEHICLE MISHAP INJURES FIVE SURREY — Five farm workers transporting a large load of pro-

duce sustained non-life-threatening injuries when their vehicle was struck by a pick-up truck in Surrey, British Columbia. At 7:40 pm on October 5, the Greenway Farms employees were riding in a trailer connected to a truck when a pick-up truck tried to overtake their vehicle, says Donna Freeman, director of media relations for WorkSafeBC. The truck clipped the “back side or the side of the trailer” as it tried to pass, resulting in injuries to ﬁve of the eight passengers, Freeman says. “It’s our initial understanding that they were in the course of their employment. That is something that would be determined as fact in the investigation,” she adds. Surrey RCMP spokesperson Staff Sergeant Heather Stark reports the area where the incident occurred was dark. The truck pulling the trailer had ﬂashing lights on, “but these may have been partly obscured” by the trailer, Stark says.

CLEANERS FILE COMPLAINT OVER THREATS EDMONTON — A complaint from a group largely comprised of temporary foreign workers (TFWs) at the University of Alberta in Edmonton claims they were victims of illegal terminations, workplace threats and reprisals. Filed in late September, the complaint before the Alberta Labour Relations Board details allegations by janitors employed by Bee-Clean Building Maintenance. It notes that workers were threatened with being sent home for talking about a union and holding meetings; workers were told they would be laid off if they appeared on leaflets for the workers’ group, Justice for Janitors; at least one worker was illegally terminated; and widespread threats were alleged to have been made. The complaint was filed after Tarik Accord, a Canadian citizen, reported having been terminated for appearing on a leaflet, reports the Service Employees International Union (SEIU). A handful of workers have launched lawsuits against the company for unpaid overtime wages totalling $42,435, adds Yessy Byl, a TFW advocate with the AFL. “No resolution was reached after the employees reached out to management; in fact, that’s when the reprisals began,” the SEIU contends. The company disputes the claims, stating on its website that the job security, wages and employment status of any employee have not been threatened in any way and no employees have been terminated for asserting their labour rights. The recent dismissal of two TFWs followed a “physical altercation” on site, the company notes. “This is a clear violation of company policy, site policy and is a safety issue.” AEI spokesperson Barrie Harrison says the provincial Employment Standards Branch has been investigating the claims since June, when the first complaint was received. The company’s payroll was to undergo examination, Harrison reports. New Democrat MLA Rachel Notley supports the workers, adding that 40,000 TFWs come to Alberta each year. With so many of these workers, “there’s obviously the opportunity for greater levels of exploitation of that group,” Notley says.

Centre in Raymond, Alberta, notes that combines range from about four to 4.5 metres in height, and can be self-propelled or pulled by a tractor to thresh swaths of crops. Cust suggests that when working on elevated combine platforms, farmers always be tied off, work with a partner and keep a cellphone or other means of communication on hand.

CHARGES FOLLOW DROWNING FORT MCMURRAY — Two companies face a total of nine charges

in connection with a worker’s drowning two years ago near Fort McMurray, Alberta. At about 12 pm on September 3, 2008, Richard Boughner was operating a Caterpillar 235 ﬂoating excavator about 15 metres from the shore of a tailings pond when the unit ﬂipped over and sank three metres to the bottom. The 47-year-old was employed by Clayton Construction Ltd. Co., which had been contracted by the site owner, Canadian Natural Resources Ltd. In September, Clayton Construction was charged with seven counts under Alberta’s OH&S Act, including failing to ensure all equipment was maintained in a condition that would not compromise the health and safety of workers using or transporting it; failing to take measures to eliminate or control a hazard; and failing to ensure a competent worker inspected powered mobile equipment for hazardous defects and conditions. Canadian Natural Resources faces two counts relating to its alleged failure to ensure that an employer complied with provisions of Alberta’s OH&S Act.

FARMER TRAPPED FOR 20 HOURS MORINVILLE — An 82-year-old farmer was in stable condition

after being trapped upside down in a combine for more than 20 hours at his farm near Morinville, Alberta. At about 1 pm on September 17, Raymond Como was servicing a combine in preparation for the fall harvest, says Ron Cust, chief of the Morinville Fire Department. Cust reports that the farmer “climbed on top, tripped, fell in behind the cab into the motor compartment and was trapped in behind the fan shroud, some pulleys and other hydraulic hoses.” Como was not found until the next morning when his sonin-law “heard him moaning in the combine,” Cust says. To free Como, ﬁreﬁghters “had to cut some major shrouding and major metal pieces that hold the combine together,” he adds. Cam Heke, senior public relations advisor for STARS air ambulance service in Calgary, says that Como was transported to an Edmonton hospital for treatment of hypothermia. Cust reports the temperature on the night of the incident was close to zero degrees Celsius. The farmer was dehydrated and had also sustained cuts and bruises. Laura Nelson, executive director of the Alberta Farm Safety

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FARM OWNER RECEIVES PENALTY REGINA — A farm owner was ﬁned

$8,400 for failing to ensure that every exposed metal part of portable electrical equipment was supplied through a ground fault circuit interrupter. Jeffrey Wilcocks received the ﬁne on September 17 for the breach of Saskatchewan’s Occupational Health and

Safety Regulations, notes a statement from the Ministry of Labour Relations and Workplace Safety in Regina. Shawn Parker was electrocuted on farm property near Southey, Saskatchewan on December 17, 2007. Parker was part of a crew contracted by Wilcocks to pour a concrete ﬂoor in a shop on the farm, the ministry reports. Two additional charges against Wilcocks were stayed in court, as were three

more against Donna Wilcocks. Four counts naming employer Clint Farnham, operating as Rock Hard Concrete Finishers, were adjourned.

$14,000 FINE FOR GOLF COURSE REGINA — A golf course in Saskatchewan was ﬁned $14,000 in early October following a worker injury in 2008. The Elkridge Golf and Conference Centre Inc. near Waskesiu, Saskatchewan pleaded guilty to four charges after a worker was partially buried in a trench, reports the workplace safety ministry. The company failed to do the following: ensure workers were protected from cave-ins or sliding material in a trench; notify Saskatchewan’s OH&S Division of a dangerous occurrence; ensure that work was sufﬁciently and competently supervised; and ensure the company had an oh&s program. The incident occurred on October 9, 2008 during the installation of new water and sewer pipes, the ministry notes.

NEW FARM BUILDING CODE WINNIPEG — Manitoba’s new Farm Building Code, which took effect in November, enhances fire protections for agricultural workers and emergency responders called to farm accidents. On August 27, labour minister Jennifer Howard announced that the new rules apply to farm buildings classified as light- or medium-industrial occupancies measuring more than 600 square metres and constructed (or undergoing extensive renovation) after the code takes effect. Previously, all farm buildings, except dwellings, were excluded from the Manitoba Building Code. “We want to be sure that all reasonable efforts are made to protect lives, whether they are those of livestock, producers or the firefighters called out to fight a fire,” Howard says. Under the revised code, the requirements are as follows: attic spaces in agricultural buildings must have fire stops every 300 square metres; fire alarm systems must be installed in all buildings covered by the code; travel distance to a building exit must be less than 30 metres; and a structural engineer must certify all new buildings and major renovations. Because of variations in building designs, there is provision for a committee Circle number 16 on Reader Service Card

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to review any “equivalencies.” Ian Wishart, president of Keystone Agricultural Producers (KAP) in Winnipeg, calls the code a “very practical, common sense approach.” Wishart notes that ﬁre prevention strategy packages are being put together for local ﬁre departments and the agricultural community. “We recognize that there is an element of risk because we do have some explosives and corrosives and that sort

of thing around the farms that the fire responders need to know about.” Glen Cassie, communications coordinator for Communications Services Manitoba, says that the new farm code was largely driven by a number of “serious barn fires and large losses to buildings and livestock.” Chris Jones, the provincial fire commissioner, agrees, but adds that efforts go back as far as 2008, when a farm

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building discussion paper was released, followed by a consultation period that involved a wide range of stakeholders.

POWER CONTACT CLAIMS WORKER SAUGEEN SHORES — A hydro worker succumbed to injuries sustained during an electrical contact while trying to restore power after a storm tore through parts of Ontario in September. At 11:50 pm, the employee of Westario Power Inc. was working on a transformer in Saugeen Shores, Ontario when the contact occurred, says MOL spokesperson Matt Blajer. Dan Rivett, the chief of the Saugeen Shores Police Service, reports the employee was working at a hydro station. The worker was rushed by ambulance to a nearby hospital, but later succumbed to his injuries, Rivett says. A 2007 technical guide from the National Institute of Building Sciences in Washington, D.C. notes that precautions can be taken when performing maintenance on or around transformers: UÊ beyond inspections and sampling, all functions require that the transformer be de-energized and locked out; UÊ after verifying that all circuits are deenergized, grounds should be connected between all items that could have a different potential; UÊ workers should be informed that static charges can be created by maintenance activities, such as cleaning and ﬁltering; and, UÊ safety barricades should be set up or safety personnel appointed to secure remote areas during electrical tests.

MILL FINED IN FATALITY, INJURY SAULT STE. MARIE — A $300,000 ﬁne

was levied against Essar Steel Algoma Inc. in mid-October following the death of a worker two years ago. The penalty was ordered in the wake of a fatality at the company’s steel mill on October 30, 2008. A guilty plea was entered regarding the company’s failure to ensure that appropriate overhead guarding was in place to prevent falling material from harming a worker, notes the Ministry of Labour (MOL) in Toronto. Three workers had been doing a prestart check on a conveyor used to pile rocks, the MOL reports. Maintenance team members believed the system was Circle number 18 on Reader Service Card

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BUILDING COLLAPSE KILLS WORKER MONTREAL — A Quebec construction worker has died after

part of a building he was helping to renovate collapsed on September 27. Sylvain Corbeil, 54, was fatally crushed when the building’s third floor collapsed onto the second, reports Rémi Perry, chief of operations for the city’s fire department. The collapse occurred while a six-person crew was renovating a three-storey building, says Eric Arseneault, a spokesperson for the Commission de la santé et de la sécurité du travail (CSST) in Montreal. Corbeil was the owner of Multi-Rénovations Inc. in Longueuil, Quebec, which had been contracted to do building repairs, Arseneault says. The five other workers inside the building managed to escape, he says. The building owner’s son, who was part of the construction crew, was treated for shock at the scene. Upon receiving the call for assistance, Perry says the fire department dispatched both high-angle and structural rescue

empty, but toward the end of the check, material weighing more than 125 kilograms fell off the conveyor above one worker, causing fatal crushing injuries. In a separate incident, a worker was checking a truck battery on July 31, 2008 when it exploded and splattered liquid in the worker’s face. The worker made it to an emergency eyewash fountain, but the unit was not working. Essar Steel Algoma was handed a $25,000 ﬁne for failing to maintain an eyewash fountain in good condition, as required by Ontario’s Regulations for Construction Projects.

GAS EXPOSURE CLAIMS MIGRANTS AYTON — Two migrant agricultural work-

ers have died after being exposed to an unknown gas at an apple orchard and processing facility in Ayton, Ontario. At about 8:45 am on September 10, the workers employed at Filsinger’s Organic Foods & Orchards were trying to ﬁx a pump inside an apple cider vat when they were overcome, says the MOL’s Matt Blajer. “They were removed from the vat with vital signs absent.” The two Jamaican nationals were working with a third worker on an apple press, which produces apple cider, notes Stan Raper, national coordinator of the agricultural workers program at United Food and Commercial Workers’ Canada (UFCW) in Toronto. One worker collapsed, and when a second tried to provide assistance, he too collapsed, Raper notes. The third worker

teams. Corbeil was recovered from the building and pronounced dead. It was not clear at press time if he was on the second or third floor when the collapse occurred, although the other workers were on the second. The renovations were being done in response to a fire in a nearby building last year, says Arseneault. Flames from that blaze — and water from fire hoses used to put them out — had damaged the building under renovation, he says. Employees had been working on site for about one month. Between 2006 and 2010, seven orders were issued to Multi-Rénovations, related mainly to fall hazards and the danger of being buried while working in excavations, says Arseneault. All of the cited infractions had been corrected. On the evening of September 29, another portion of the vacant building collapsed. CSST officials opted to demolish the structure after receiving results of an engineering report. — By Jason Contant

escaped unharmed and managed to call for assistance. Both the Ontario Provincial Police and the MOL are investigating, says Larkland Stone, chief liaison ofﬁcer for the Jamaican Liaison Service in Toronto. The agency, established under a memorandum of understanding between the Canadian and Jamaican governments, administers measures related to the Seasonal Agricultural Worker Program. “The deaths of the two workers in Ayton is a tragic reminder of the dangers and risks involved in the agricultural sector,” UFCW national president Wayne Hanley says in a statement.

MINERS NOT ALERTED TO DANGER DESMARAISVILLE — An alarm system that could have warned three workers about dangerous water levels was disconnected when they drowned at a Quebec mine, provincial investigators conclude in their ﬁnal report. At 9:15 pm on October 30, 2009, the miners were descending in an elevator at the Bachelor Lake gold mine in Desmaraisville, Quebec, notes the CSST report. Bruno Goulet, 36, and Domenico Bollini, 44, were employees of mine owner Métanor Resources Ltd., and Marc Guay, 31, worked for contractor Montali Inc. They were helping to rehabilitate a mine shaft. The miners entered the cage on the sixth level and headed toward the 12th, but encountered water about halfway through the 10th level, reports CSST

spokesperson Pierre Turgeon. “It was like a lake,” Turgeon says. The elevator operator grew concerned when the workers did not signal that they had reached their destination. He descended into the mine by ladders, where he encountered “a lot of water,” Turgeon says. It took rescue workers three days to recover the miners, whose bodies were frozen in blocks of ice, he adds. The CSST probe pointed to three causes for the deadly incident: there was a leak at the junction of two pipes in the mine’s water-pumping system that caused flooding; a water alarm system was disconnected; and the miners entered the shaft without knowing the level of water in the mine. In Quebec, says Turgeon, it is required that a mine elevator complete a test run while empty before being used to transport workers. That check was not done in this case, he says. Turgeon notes, however, that there is no regulatory requirement to check water pumps, even though there was a computer on site with water level information available at the time. Water had been accumulating in the mine shaft for approximately 10 days prior to the deadly incident, he confirms. The investigation determined that Métanor Resources’ actions jeopardized the safety of the miners, and has recommended a fine of $5,000 to $20,000. That was the previous maximum allowable penalty, he notes. This past July, however, fine recommendations increased to between $10,000 and $40,000 and will

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SCHOOLS TO GET THE SAFETY ONCE-OVER FREDERICTON — Jody Carr, New Brunswick’s recently ap-

pointed education minister, has called for a review of more than 200 schools province-wide after safety concerns prompted the closure of two facilities. The ﬁrst, Moncton High School in Moncton, was closed because of structural issues, notes Sheri Strickland, a spokesperson for New Brunswick’s Department of Supply and Services in Fredericton. “There were some eroded columns” at the approximately 100-year-old school, Strickland says. The second school was École Polyvalente Roland-Pépin in Campbellton, New Brunswick, where there were issues with the building’s masonry walls, she says. The problem was discovered while crews were building an attached section for a community college, she adds. On October 18, Carr announced he has asked his staff to “undertake an initial structural assessment of all schools” built before 1980. Department spokesperson Tyler Campbell reports that about 230 schools will be examined. Noreen Bonnell, president of the New Brunswick Teach-

increase again from $15,000 to $60,000 in January. Pierre Bernaquez, human resources superintendent at Métanor Resources, says the company may contest the penalty. Calling the CSST investigation “incomplete,” Bernaquez points out that Montali is not mentioned in the report. “We may be responsible, but not for 100 per cent of it,” he argues. Since the accident, Métanor has installed what Bernaquez characterizes as a fail-safe alarm system. The previous system was working one month before the accident, and an internal investigation indicated that somebody had wanted to “take some electricity” from the alarm system’s electrical boxes, but left the system improperly connected. “Our investigation didn’t allow us to identify the person who disconnected [either intentionally or accidentally] the alarm system,” Turgeon says. The fatal incident also spurred a mine safety blitz across Quebec to ensure that all water detection systems are operational as part of an integrated safety system, he says, adding that the vast majority were found to be safe.

CRANE TIPS DURING LOADING SAINT JOHN — One worker was sent to hospital following an incident on October 8 in which a large crane tipped over at a construction site in Saint John. The 9 am incident, involving a crane

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ers Association in Fredericton, welcomes the review. “Practically all [schools], even the new ones, would require some basic form of ongoing maintenance care, of course, and we’re hoping that this review will identify the buildings that need more of this,” Bonnell says. Also on Carr’s agenda is an assessment of recommendations contained in the provincial auditor general’s report from 2005, which concluded the former minister’s office did not have “adequate systems and practices in place to ensure that school facilities are appropriately maintained.” The review cited the need for standards related to, among other issues, acceptable overall building conditions, timeliness of repairs and preventive maintenance. A lack of monitoring for fire safety and roof inspections was also noted. In his announcement, Carr said that he has “asked for a full briefing on the auditor general’s recommendations and progress, or lack thereof.” The briefing was expected to begin in mid-October. — By Emily Landau

owned by Irving Equipment, occurred near the waterfront, reports Dino Scichilone, assistant regional director for WorkSafeNB’s southwest region in Saint John. An officer was dispatched to collect information and ensure the site was made safe again, Scichilone says. Mary Keith, a spokesperson for Irving Equipment, says the worker has been a crane operator for 36 years and has 10 years of experience on that particular model, a 200-tonne Demag. “He was in the process of loading this equipment onto road transport with the intention of moving the wind turbine to its final destination for erection at that site,” Keith reports. “The piece of equipment would have tipped, and the boom would have landed on a side street.” The worker, who sustained a small cut to his hand, was taken to hospital and released shortly thereafter, she says. Lisa Olver, president of KOLO, a material handling firm, says crane tip-overs are generally caused by equipment malfunction, operator error or poor risk management. The latter is the most common cause of tip-overs, Olver says. “If you don’t take into account all the variables,” whether they be temperature, speed, other equipment, miscalculation of the weight of the load or miscalculation of the distance the crane can lift, “that’s going to put you into a dangerous situation.” Olver says operators must be aware of the ground on which they are working to properly assess PSI (pounds per square inch). “If you’ve got a really good, solid

foundation, you want to keep your PSI below 200, which is optimum for hard ground,” she points out. “If you’re going to put it on soft ground, you’ve got to have a larger mass to distribute the load weight over a larger surface area,” Olver adds. Workers must also perform a complete walk-around and physical assessment before operating the crane, and need to have in place a lift plan, she advises. Operators must know the closest and farthest distances from the crane’s centre of rotation, as well as the angles of the equipment’s swing load. “Those additional forces add weight to the load as the load’s being moved,” Olver says. “A load that weighs [227 kilograms] could have the effective weight of [2,270 kg] based on swinging movements and the wind.”

VAPOUR EXPLOSION DEADLY DARTMOUTH — A Nova Scotia car deal-

ership proposed in October that it should receive a $30,000 penalty, compared with a Crown submission of $150,000, in connection with the death of a worker. In early July, O’Regan Chevrolet Cadillac Limited in Halifax had pleaded guilty under the province’s OH&S Act to failing, as an employer, to take every precaution reasonable in the circumstances to ensure a worker’s health and safety. The guilty plea follows an incident on March 13, 2008. That day, a dealership

employee was working in the auto body and paint shop when an explosion and fire occurred. The worker succumbed to his burn injuries the next day. Two other employees also sustained injuries in the incident, but were taken to hospital and subsequently released. Fire officials concluded that the explosion was caused by the ignition of flammable vapours, but ruled out natural gas and propane. Kevin Finch, a communications advisor for Nova Scotia’s Department of Labour and Workforce Development in Halifax, reports the provincial accident investigation revealed only that the substance involved was a solvent. Upon receipt of the guilty plea, Finch says four charges were withdrawn: UÊ failing to ensure a controlled product was not used, stored or handled unless compliance had been achieved for all regulated requirements related to labels, identifiers, material safety data sheets and employee education; UÊ failing to provide information, instruction, training, supervision and facilities as necessary to protect the health and safety of a worker; UÊ failing to provide and maintain equipment, machines or things to ensure they have safety devices; and, UÊ failing to ensure a required employee education program was developed and implemented. Finch adds that one charge against Richard Dey, director of the company’s collision centres, was also withdrawn.

DUST COLLECTORS SHUT DOWN HALIFAX — The Nova Scotia government recently ordered that all dust-collector units in government buildings and school wood production labs be shut down pending completion of a safety review. The move follows an independent review carried out in 15 schools as a precaution after “deficiencies” were discovered in a new unit at Citadel High School in Halifax. All inspected units were found to have deficiencies that needed to be addressed, notes a joint release from the provincial education, transportation and labour departments. “The chances of a dust-collector fire or explosion is very low, but there is still a potential for danger that must be addressed,” says Harold Pothier, Nova Scotia’s acting fire marshal.

Although there had been no accidents related to dust collectors in Nova Scotia schools, production technology programs will be modiﬁed, using power tools not connected to dust collection, scheduling wood production units to later in the semester and/or using alternate methods of cleaning up dust.

NEW CLASSIFICATIONS SET CHARLOTTETOWN — Prince Edward Is-

land employers were invited in late October to attend sessions to learn more about the WCB’s new employer classification system that takes effect in 2011. The system, based on overall business activity, underwent an extensive review in late 2009, notes an alert issued by the WCB in Charlottetown. The review included the following information: consideration of employer feedback regarding the current system; a detailed examination of the existing rate group structure; an assessment of the alignment between employer claims cost experience and rate group classification; and an analysis of the criteria to determine employer classification assignments. As a result of the review, changes were made to re-align industry classes to better fit the current economic sectors on the Island. The new classes are sales and professional service; agriculture, fishing and natural resources; manufacturing; construction and construction-related services; transportation; and public sector and education. “The goal of an employer classification system is to assign employers to an appropriate risk class, which will lead to

a fair rate for the injury risks involved,” the advisory notes. Overall, the number of employer rate groups has been reduced so that each of these “has a sufficient level of claims history to establish a fair rate of assessment.” Final assessment rates for 2011 were expected to be approved in November. Changes to the classification system will not significantly affect the premiums for most Island employers, the board reports. However, there will be more significant increases or decreases for a small number of employers. For those facing rate hikes of more than 50 per cent, there will be a transition with a 50 per cent cap applied on annual rate adjustments. “It is anticipated that all employers who are capped will be at their true rates within four years,” the advisory notes. A formal annual monitoring process has been adopted to ensure the system “remains relevant and responsive to changes in industry risk and cost. There will be added flexibility for industry groups to move to a different group as a result of cost experience.” Many of the preceding items are based on stories from our sister publication, CANADIAN OCCUPATIONAL HEALTH & SAFETY NEWS, a weekly newsletter that provides detailed coverage of Canadian oh&s and workers’ compensation issues. For more information, please call (416) 442-2122 or toll-free (800) 668-2374.

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DISPATCHES

Keeping Holly Jolly’s visit safe for all By Simon Yau

et’s be honest — in terms of gigs, Santa Claus has it pretty sweet. He delivers gifts to kids, eats cookies, drinks milk and is unaffected by the rising price of petroleum, since he owns the world’s only reindeer-powered sleigh. But being perpetually jolly is tougher than it looks — perhaps even hazardous — when that cheer is on display in the freezing cold, say on the back of a moving flatbed truck, for hours on end. “You have to dress in layers,” explains Santa, a.k.a. Larry Cumberland, who was the titular star of Saskatoon’s Santa Claus Parade for the fifth consecutive year. Standing on a platform five metres up, “it does get cold,” Cumberland says. So beyond his famous red suit, Santa counts a windbreaker, thermal underwear and a custom-made jacket (courtesy of Mrs. Claus) as part of his parade-day suit. “You also learn to stay in one spot and not wander around,” the veteran Santa says of how he stays safe. “The most dangerous part is probably getting on and off the float. You have to be careful climbing up and down the ladder, making sure you don’t fall or trip up on your own suit.” Harping on safety may lack holiday cheer, but event organizers are wise to err on the side of caution. Consider the patrons, the workers and the volunteers. An injury to a parade participant or spectator opens up the possibility of legal action, says Greg Langan, risk control director for Arthur J. Gallagher Risk Management Services in Saint Paul, Minnesota and the author of an in-depth article on parade safety. Organizers must “balance fun with the risks,” Langan notes. “If you took away all the risk, you would never have a horse or a motor vehicle. People would just be walking down the street… That would be pretty dull.” Daisy Lieu, chair of the board for Saskatoon’s parade, appreciates the need to keep speed in check. About 20 people from a local club volunteer to stand at various points along the parade route, keeping an eye out for any danger and informing floats if there is a need to slow down or speed up, Lieu says. For the last 15 years, Daniel Bouchard has striven to ensure the Québec Winter Carnival is as safe as possible for workers and visitors alike. Safety is top of mind when creating, designing, constructing and installing new equipment, says

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Bouchard, assistant director general and operations director of the 57-year-old annual event. “When we have to build and install special equipment, we work closely with engineers who approve our construction plans and oversee installation on the site,” he says. Despite holding preparation meetings with workers and volunteers, ensuring that ﬁrst aid is readily available and reporting changing weather and safety conditions to team members, he has encountered challenges. “We have had to simplify animatronics that were too dangerous in extremely cold weather,” Bouchard recalls, “and some people have had their feet frozen because they were not dressed correctly.” So when planning a night parade featuring almost 900 participants rolling through Quebec City, how does he decide which safety standards are naughty and which are nice? “There is no such thing as too safe,” Bouchard says simply. Simon Yau is a writer in Toronto.

Gloves help to stem the risk of needlestick injuries By Emily Landau

new observational study offers evidence of a link between glove use among health care workers and fewer injuries from needles and other sharps. The study, which appeared in the September issue of the Journal of Infection Control and Hospital Epidemiology, used a case-crossover methodology involving telephone questionnaires with 636 health care workers in the United States and Canada who had experienced sharps injuries. In the context of the study, sharps included solid or hollow bore needles, suture needles, intravenous (IV) catheters, scalpels, scissors, IV catheter guide wires or broken test tubes, says senior author Dr. David Fisman, an associate professor of epidemiology at the Dalla Lana School of Public Health at the University of Toronto. Health care workers know that they should be wearing gloves “when they’re dealing with sharp devices and blood and body ﬂuids,” Dr. Fisman says. When workers fail to do so, he suggests it is often because they believe “it makes them clumsier and they can’t feel things as well, so they think they’re more likely to stick or poke themselves with needles or sharp devices.” Dr. Fisman estimates that among non-scrubbed-in employees — those not working in an operating room or procedural setting — glove use was associated with an 80 per cent reduction in injury risk. “If you have a glove on, even though it’s not a hugely strong barrier, oftentimes people have sort of glancing or indirect contact with a sharp device or jagged surface, and the glove might be the divider” as to whether or not skin is broken, he explains.

Dr. Allison McGeer, an infectious disease consultant at Mount Sinai Hospital in Toronto, notes that while the study’s findings suggest an association between glove use and a lowered risk of sharps-related injuries, she does not believe the relationship is causal. “You’re handling very sharp needles. Gloves are very thin,” Dr. McGeer points out. “The gloves are not causal, but they’re very tightly associated, because all of the things that make you not wear gloves in settings where you would normally wear gloves are also things that increase your risk of injury,” she says. “People are less likely to wear gloves when they’re in emergency circumstances; when they’re tired, when they’re in a hurry — these are things we know that increase risk of injury.” For operating room surgeons, the study determined that double-gloving was associated with a reduction in injury. “This finding appears to refute the belief that using two pairs of gloves may compromise tactility and dexterity, and [that doing so] may result in an increased likelihood of percutaneous puncture,” researchers report. Dr. McGeer argues that safer technology, as opposed to focusing on behavioural change, is more likely to produce benefits for workers. “All of the moves that we’ve been making to safer needles, those are the first and most important things,” she contends. Emily Landau is editorial assistant of

OHS CANADA.

Workplaces well-positioned to give wellness some heart By Dan Birch

n international survey has found that a third of responding workers see their workplaces as hindering their ability to lead healthy lifestyles, a statistic that Canadian observers say is equally applicable at home. The survey, commissioned by the Geneva-based World Heart Federation (WHF), canvassed 4,000 workers in Portugal, Poland, India and Mexico, countries chosen because of their varied gross national income per capita, notes a statement from the federation. Results were released several days in advance of World Heart Day on September 26. There is plenty of data showing that Canadian employees are increasingly working more hours, including during evenings and weekends, says Kevin Kelloway, director of the CN Centre for Occupational Health and Safety at Saint Mary’s University in Halifax. These circumstances make it much more difﬁcult to squeeze in that trip to the gym or take part in other physical activity, Kelloway suggests. Consider also that sedentary work can exacerbate already inactive lifestyles, says Joshua Pollack, sales and marketing director for The Health Team in Toronto, which provides employee wellness services to organizations across the country. “You move from your bed to your car, to your seat at work, back to the car, and back to in front of the TV.” Pollack does see some light at the end of the tunnel, noting that employers are becoming more aware of the beneﬁts that can come from promoting employee wellness. These include lower absenteeism/presenteeism and disability claims costs, as well as an upswing in productivity, he says.

Olivier Raynaud, a senior director at the World Economic Forum, would likely agree. “Apart from having a responsibility toward employees’ health,” employers stand to benefit from decreased absenteeism and increased “productivity, retention, creativity and innovation,” Raynaud says in a statement. Findings from the international survey show that 91 per cent of responding workers felt it was an employer’s responsibility to create a healthy working environment. Eleven per cent of those polled, however, pointed out that their employers do not provide the necessary support. “As many of us spend over half of our waking hours at work, the workplace is the ideal setting to encourage behaviour changes to minimize a person’s risk of cardiovascular disease,” Dr. Kathryn Taubert, senior science officer for the WHF, says in the federation statement. Stakeholders are encouraged to promote heart-healthy workplaces by adopting programs that support behavioural change. These may be realized through such things as “activity via gym memberships or cycle-to-work schemes, or encouraging employees to stop smoking via the adoption of smokefree workplaces or the provision of smoking-cessation programs,” the WHF notes. Implementing a program can come with challenges, including up-front expenses for exercise equipment, says Kelloway. But not every initiative has a financial cost attached, he adds, pointing to activities like lunch-hour walking clubs as among the examples of free options. Pollack is of the view that “it doesn’t take a lot of money to promote healthy lifestyles.” More of a challenge is securing the support of upper management. “The culture changes from the top, so you have to have everybody on board.” Seminars that offer real-life results from companies may motivate those sitting on the fence to give wellness initiatives a try, Kelloway suggests. “What seems to be the most compelling case is when they hear the experiences of other employers,” he says. Dan Birch is assistant editor of

OHS CANADA.

Mental health leaves twice the cost of physical By Jason Contant

ental health leaves produce the most expensive type of disability claim, costing employers almost twice that of absences related to physical illness, says new research out of Ontario. In what is being called the ﬁrst study of its kind, researchers from the Centre for Addiction and Mental Health (CAMH) in Toronto found that the average employer cost of a short-term disability leave for a mental health issue to-

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tals about $18,000 per episode compared with $9,000 for a physical illness-related absence. The study, published in the July edition of the Journal of Occupational & Environmental Medicine, looked at data tracking the short-term disability leaves of 33,913 full-time employees in Ontario over a threeyear period from 2003 to 2006. The source of the data was a large Canadian company that accounts for about 13 per cent of the resource sector in Ontario. The top five primary categories of disability episodes were respiratory disorders, 2.3 episodes/100 person-years; mental/behavioural disorders, 2.1; injury, 2.0; musculoskeletal disorders, 1.9; and digestive disorders, 1.3. “In an average year, a firm with 1,000 employees might expect about 145 disability cases. Of this, only a fraction are on disability due to mental illness, yet it costs employers the most,” Carolyn Dewa, the study’s lead investigator and head of CAMH’s Work and Well-being Research and Evaluation Program, says in a statement. The study determined that the average disability episode (all types) lasted about 33 days, while those related to mental or behavioural disorders were 67 days. The latter represented almost 29 per cent of total disability costs. Overall, disability rates increased with age. For example, incidence was 11.4 per 100 person-years for workers younger than 40 compared with 17.8 for employees 50 or older. For mental/behavioural disorders, disability rates were highest for workers between 40 and 49 years. “Part of it is it’s where they are in their lives, if it’s more pressure and responsibility,” Dewa speculates. Researchers suggest the findings build a business case for workplace health and wellness interventions that focus on mental disorders, including accessible supplemental benefits, programs emphasizing a healthy work-life balance, and efforts to address associated stigma, Dewa adds. The study estimates that mental illness costs the Canadian economy $51 billion annually in lost productivity. Jason Contant is editor of SAFETY NEWS.

CANADIAN OCCUPATIONAL HEALTH

Being prepared and calm at the worst of times By Angela Stelmakowich

embers of the Prince George Fire Rescue Services were called to a secondary school in the British Columbia city of the same name on September 10 to address a potential biohazard incident. What was the emergency? At about 2 pm, contents of a can exploded in a food science class, splattering students and teachers, notes a statement from the Prince George RCMP. Staff members voiced concerns to ﬁrst responders that if botulism bacteria was present, it could lead to an outbreak. The classroom’s 24 students and four staff members were quarantined while a haz-mat technician and safety ofﬁcer attended. The probe determined the can contained sauerkraut

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OHS CANADA

that had been fermenting for several years. If this sounds like crying over spilt milk (or sauerkraut), it’s not. The RCMP notes that “although the incident was not a hazardous situation, the reaction to a potential threat was handled appropriately and the proper steps were taken to ensure the safety of all students and staff members involved.” A hazardous situation — at schools as elsewhere — can take many forms. It may be the potential for a botulism outbreak, it may be a chemical spill, it may be a raging fire. Whatever the emergency, a simple message applies: disasters need not be disastrous if preparation is in order. Protection may be doubly important when it comes to structures like schools, suggests a new guide from Survival Skills & Co. in Wrightwood, California. “Schools, in particular, are extremely vulnerable during disasters because of the large number of children in one concentrated area,” notes an April statement announcing the availability of the 20-page “Disaster Response Guide for Schools.” The guide arms teachers and school staff with dos and don’ts, lockdown procedures, rescue techniques, triage, search methods, forcible entry techniques and first aid. Wayne Bennett, a 26-year fire captain and owner of Survival Skills & Co., says that while schools often have disaster plans, teachers and staff may lack the skills to carry out the measures. “The steps can help keep the teachers and staff members focused and decisive when they must make wise decisions quickly under pressure,” notes a company statement. And preparation can help in that regard. At the beginning of May — to mark the kick-off of Emergency Preparedness Week — students in a Grade 4 class at Jack Mackenzie School in Regina got a lesson on the importance of being prepared. “It’s up to each of us to learn about and prepare for all types of emergencies,” said Yogi Huyghebaert, Saskatchewan’s public safety minister, who visited the school. In Saskatchewan, that may mean floods, tornadoes and forest fires. A basic emergency kit should contain bottled water, non-perishable food, a battery-operated flashlight, a manual can-opener and a first aid kit. Angela Stelmakowich is editor of

OHS CANADA.

Raising the healthy eating IQ with smart food By John Semley

nce upon a time, lunches offered in workplace cafeterias were limited to tasty — but not-so-healthy — options: burgers, fries, candy bars and mayonnaise-slathered sandwiches. With greater awareness of the effects, healthier options have been pushed to the top of the menu. And workplaces have responded, shifting away from greasy and toward sensible. “Healthy employees make for more productive employees

who are at the workplace more often. They’re less likely to be absent [and] they’re more efﬁcient with their work,” says Heather Harvey, program coordinator for the Ontario Public Health Association’s Nutrition Resource Centre (NRC). Apart from higher productivity and lower staff turnover, Harvey says health promotion programs can help to improve employee morale and increase job satisfaction. The importance of proper nutrition and healthy food options at the workplace should not be undervalued, insists a 2005 study from the Geneva-based International Labour Organization (ILO). “Nutrition and food safety are as important a right as occupational health and safety,” the study suggests. The researchers estimate that “adequate nourishment can raise national productivity levels by 20 per cent.” Eat Smart!, an Ontario program supported by the NRC, works to foster (and reward) healthier workplace environments. There are three areas of evaluation for employers who seek recognition by the program: s they must provide a fully smoke-free work environment; s the workplace’s food safety standards must have been assessed and be compliant with Ontario’s Food Premises Regulation. As such, the workplace must meet criteria related to proper cooking and refrigerated storage of hazardous food, and protection from contamination by food handlers, raw foods or preparation surfaces; and, s food options must be assessed based on nutritional value, meaning the employer must offer foods such as fruits and vegetables, whole grain options and lower-fat choices. As well, healthier food preparation, like baking, broiling and grilling must be used, and sauces and oils reduced. Workplaces meeting these standards earn an Eat Smart! Award of Excellence. “It says that you care about your employees and you’re offering healthier choices,” Harvey notes. Of the approximately 170 workplaces that applied to the program in 2009, she says about 150 met the requirements. And while re-jigging cafeteria menus may seem like an expensive undertaking, offering healthier food options can actually reduce costs. Harvey says studies on programs similar to Eat Smart! indicate a solid return on employer investment. The ILO study notes that in Canada, employers are expected to save $1.75 to $6.85 for every corporate dollar invested in health promotion programs, an estimate based on lower staff turnover, higher productivity and fewer medical claims. Donna Bottrell, director of nutrition for Compass Group Canada, a national food-service provider based in Mississauga, Ontario, says the company’s experience with meeting Eat Smart! guidelines has, for the most part, been hassle-free. Both Bottrell and Harvey emphasize that doing some of the little things, like switching to light mayonnaise or offering salad dressing on the side, can help to meet the standards. More often than not, says Bottrell, changes are meant to reﬂect, rather than dictate, attitudinal shifts toward a culture of healthy eating. “What we do is very much driven by food trends and what the customer is ready for,” she says. John Semley is a writer in Toronto.

Bosses resist putting vacate into vacation By Angela Stelmakowich

new survey demonstrates that the need/desire to stay connected is poking holes in vacation time. And breaks in breaks threaten to transform a productivity plus into a well-being minus. Two-thirds of the 270 chief financial officers (CFOs) for Canadian companies reported being unable to resist regularly connecting with work while on summer vacation. Just five years ago, only 58 per cent of respondents reported doing weekly or bi-weekly checks, notes Robert Half Management Resources, a worldwide provider of accounting and finance professionals that commissioned the survey. In the recent poll, 25 per cent of CFOs checked in with the office once or twice a day; 23 per cent, once or twice a week; 15 per cent, several times a week; and four per cent, several times daily. Only a third of respondents seemed to grasp the vacation concept, opting to chuck checking altogether. David King, president of Canadian operations for Robert Half Management Resources in Toronto, suggests vacations should remain vacations. “Taking the time to recharge and refocus can help professionals increase productivity once they are back at the office,” King notes. Results of a separate independent poll show that a quarter of the 300 managers surveyed said they were more stressed today than a year ago, compared with just nine per cent who reported that work pressure had actually declined, notes a statement from OfficeTeam, a California-based staffing service with 320 locations worldwide. “Professionals at all levels are working harder and assuming more responsibilities as a result of companies relying on leaner teams,” Robert Hosking, executive director of OfficeTeam, says in the statement. “Managers, in particular, may be feeling the heat as they strive to keep employees motivated and productive with limited resources,” Hosking adds. King suggests that proper preparation is a better option than checking in. Robert Half Management offers five tips to help ensure time away feels like vacation: aim to leave the office during a light period or when key staff members are not on vacation; decide on a point person a few weeks in advance to manage dayto-day responsibilities; notify contacts and clients in advance of leaving, and include the name of the point person on both e-mail and voice mail messages; divide assignments to multiple senior staff members; and if checking in is a must, determine the specific times and dates prior to leaving on vacation. What’s worse is that some people do not take the time off that they have earned. In August, a joint Reuters/Ipsos poll reported that only two-thirds of employees in two dozen countries surveyed used all allotted vacation time. In Canada, only 58 per cent used all of their days.

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DECEMBER 2010

(312 1)',%

The rough economic ride of the last few years left its mark on 2010. Returning to the new “normal,” leaner and meaner operations are having to deal with some old health and safety issues. OHS CANADA was along for the ride, with magazine readers and website visitors offering their input through our online poll at www.ohscanada.com. Issues ran the gamut from workplace violence to cellphone use while driving and recognition programs. Here’s what respondents had to say:

5 '2 .#0'-"1

Where provinces have wait periods for workers’ compensation beneﬁts, should exemptions be made for particular occupations? Yes No It depends on the occupation Total voters:

36.7% 43.3% 20.0% 90

*# 0,',% "'1 '*'2'#1 Do you believe learning disabilities can affect on-the-job safety? Yes No Total voters:

89.7% 10.3% 165

4'-*#,!#

#6#0!'1#

For jobs where physical performance is an occupational requirement, such as policing and ﬁreﬁghting, should an employer pay for on-duty exercise time? Yes No Total voters:

DECEMBER 2010

OHS CANADA

64.4% 35.6% 149

Will your organization be in compliance with Ontario’s new workplace violence prevention requirements when they come into force on June 15? Yes No Almost Total voters:

46.6% 35.6% 17.8% 73

.0#1!0'.2'-, "03%1 Can the use of prescription painkillers adversely affect workplace safety? Yes Maybe, depending on circumstances No Total voters:

!#**.&-,#1 "0'4',%

75.0%

Do you occasionally use a hand-held cellphone while driving?

22.0% 3.0% 200

Yes No Only during emergencies Total voters:

41.6% 49.8% 8.6% 267

+ , %#+#,2 1712#+1 Do you think the federal government’s adoption of safety management systems in transportation industries has enhanced safety outcomes? Yes No Total voters:

53.4% 46.6% 73

0#!-%,'2'-, .0-%0 +1 Do certiﬁcate of recognition (COR) programs improve workplace safety? Yes No Total voters:

58.0% 42.0% 98

Go on — have your say. Check out www.ohscanada.com to vote in our latest poll.

ILLUSTRATION: SOPHIE CASSON

CORPORATE RESPONSIBILITY

The

Social

Network BY DONALEE MOULTON

For most workers, managers and executives, the initials OHS are SOP. Lately, however, a new trio of letters has become a bigger part of the standard operating procedures of workplace lingo: CSR. What this new alphabet means for occupational health and safety may not yet be immediately obvious or measurable. But one thing is clear: corporate social responsibility means many things and has the potential for many different payoffs. STANDARD-ISH Corporate social responsibility (CSR) has no single standard, accepted definition, although there is certainly some common ground. “Overall, it is the relationship of the corporation with its stakeholders,” offers Paul Forgues, senior manager of executive networks for The Conference Board of Canada in Ottawa. Forgues says there are five key components to this relationship: community outreach; employee relations; creation and maintenance of employment; financial performance; and environmental stewardship. The last is a relatively new — and rapidly growing — element of CSR. Overall, two key factors appear to be driving interest in CSR globally. First, of course, there is the bottom line. Industry Canada reports that CSR helps make Canadian business more competitive by achieving a whole host of objectives, such as better risk management; enhanced employee relations; improved reputation; and stronger relationships with communities and an enhanced licence to operate. “A lot of businesses are seeing a business case,” suggests Leslie Brown, Ph.D., director of the Social Economy and Sus-

tainability Research Network, based at Halifax’s Mount Saint Vincent University. But smart business alone does not a smart CSR program make, Dr. Brown contends. “The motivation has to be more than return on investment. It has to be about ethical issues.” For many companies, that is how their CSR efforts began — sometimes long before the term was ever coined. Take the Bank of Montreal, founded almost two hundred years ago. “Traditionally, it began with philanthropy,” says Ula Ubani, director of corporate responsibility and sustainability for the BMO Financial Group in Toronto. Over time, that foundation has deepened and expanded to meet the needs of three key groups: customers, shareholders and employees. “This is what CSR means to us now,” Ubani says. Another reason for the surge of interest is the stakeholders themselves. “In the ’60s and ’70s, people began asking about the responsibility of business in the larger community. Social auditing also arose during this period, which is closely related to CSR,” says Dr. Brown. Today, “the general public believes most companies have a responsibility to the community.” In 2009, for example, Kimberly-Clark Professional in Ro-

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DECEMBER 2010

swell, Georgia launched “Reduce Today, Respect Tomorrow,” meant to cut use of natural resources throughout the life cycles of its products. “Products created with source reduction in mind are designed in such a way that users actually consume less, either through improved performance, more reliable dispensing methods, or both,” the company reports. The belief of responsibility to community plays itself out virtually — and in real time, notes a report from IBM Global Business Services. “The torrid pace of information travelling the Internet is transforming consumer expectations as customers gain continuous access to special-interest action plans and third-party scorecards that rate companies on environmental practices and ethical concerns.” HARD LINK CSR’s link to oh&s may not be so easy to rate. Many organizations, such as the Royal Bank of Canada (RBC), do not see a concrete, linear relationship, even though the two issues may be inherently connected. “Our CSR programs aren’t specifically linked to occupational health,” says RBC spokesperson Gillian McArdle in Toronto. Health and safety, though, is reflected in many of RBC’s priorities. McArdle cites maintaining progressive workplace policies and practices; respecting diversity and promoting inclusion; providing competitive compensation and rewards, and enabling growth through training and development opportunities; and fostering a culture of employee engagement. Other organizations, however, suggest the relationship between the alphabetic trio is crystal clear. Since the inception of the Responsible Care approach, notes a statement from the Chemistry Industry Association of Canada (CIAC) in Ottawa, members have significantly reduced emissions to water, emissions of known and probable carcinogens, and greenhouse gas emissions. By working with critics over the last 25 years, CIAC president Richard Paton notes in the statement, the association has developed a “sustainability initiative that protects the environment, and the health and safety of our employees and the public.” Danny Cavanagh, president of the Nova Scotia division of the Canadian Union of Public Employees in Halifax, would agree the link is clear. “Corporate responsibility always has a link to oh&s,” Cavanagh says. “You’d be hard pressed to find a CSR report that doesn’t include occupational health and safety,” adds Dr. Brown. “Sometimes it is as limited as conformity to existing legislation. Sometimes it’s broader than that.” In its most recent CSR report, the Vancouver-based financial institution, Vancity Group, devotes an entire section on how best to create a healthy and safe work environment. “The

number of workplace-related injuries at the Vancity Group remains low, and nearly four-ﬁfths of employees agree that workplace safety receives appropriate attention.” Although the numbers indicate oh&s success, they do not necessarily attribute that success to CSR. The ability to accurately assess CSR’s impact may change as the approach gains more of a foothold. With CSR, the status quo is not enough. For example, the Vancity report notes that telephone and e-mail check-ins with new managers were done in 2007 to measure their oh&s understanding and compliance. The checks determined that, in general, branch managers had a satisfactory level of understanding and compliance. Still, “some areas for improvement were identiﬁed, and actions have been taken to close these gaps,” the report adds.

“You’d be hard pressed to ﬁnd a CSR report that doesn’t include occupational health and safety.”

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OHS CANADA

MATERIAL MATTERS While oh&s is part of workplace considerations and, in turn, part of CSR, Forgues says just how close that relationship is depends on the answer to one question: Is oh&s material to the company being sustainable? Cavanagh suggests this link is potentially lifesaving for some employees in high-risk jobs. “If the CSR programs are done well, we believe there is a strong moral business case. This will lead to corporations doing the right thing. It will help prevent some of the largest disasters.” Disasters, Cavanagh says, like the 1992 Westray Mine explosion in Nova Scotia that claimed the lives of 26 workers. Safety dominated the 750-page report by Justice K. Peter Richard. “It is the responsibility of management at all levels, through its actions and its example, to instill a strong safety ethic,” Justice Richard wrote. “In the case of Westray, management undeniably failed to do so. Instead, management created a workplace that fostered a disregard for worker safety.”

Some view changing corporate culture as being at the heart of both CSR and workplace health and safety. “Since it is impossible for government inspectors to be present on all work sites at all times, a workplace culture that makes safety an integral part of the planning process for all work and that is shared by management and the work force is necessary,” suggests Chris Chodan, a spokesperson for Alberta Employment and Immigration (AEI) in Edmonton. The argument could be made that this culture can be created even in the absence of oh&s-speciﬁc objectives. In its most recent report, Nexen, a global energy company based in Calgary, notes its goal “is to be a preferred employer by creating a culture where employees are engaged, committed to doing their best and where they feel their contributions are valued.” Although oh&s is not speciﬁcally mentioned, “Nexen wants to raise the bar beyond what regulators expect and even what the industry expects,” Forgues says, positioning itself “as the benchmark against which best practices are measured.” Staying ahead of the curve may also help stem the tide of using regulation to elicit desired results. “I don’t think regulation is the answer, and I don’t think it’s really necessary,” Ubani offers. “Consumers today are encouraging companies to do the right thing. It’s the social licence to operate.” That public scrutiny, both from within and without, motivates organizations to keep their promises and strive to build on improvements. “Complacency is a fundamental mistake,” Cavanagh says. “As soon as you think you’re doing better than somebody else, things go astray.” That type of thinking is anathema to good CSR. “It’s [about] continuous improvement. You keep moving forward,” Dr. Brown says. But she does not view CSR as a replacement for regulation, especially when it comes to occupational health and safety. “I would not want

to see the basic oh&s standards dispensed with, but my sense is the standards will be the minimum. We need to move beyond that,” Dr. Brown adds. It’s an approach that resonates with AEI. “Our legislation is the standard that legally has to be maintained,” says Chodan. However, he adds, “we have always encouraged people and companies to exceed that standard if they can.” INNOVATE TO CREATE CSR does the same by encouraging innovation. In a report, The Conference Board of Canada identiﬁes 10 organizations — including Bristol Aerospace in Winnipeg, the City of Vancouver and De Beers Canada in Yellowknife — that are drawing outside the lines and drawing attention to health and safety. “It’s smart business to think of oh&s as part of CSR,” Forgues suggests. But CSR is not a one-way street, with responsibility for innovation and attention to issues falling solely on the shoulders of management. Oh&s as a community should also raise awareness of what needs to be included. Looking forward, the bottom line is not necessarily visionary, says Ubani. While CSR is not breaking new ground in ﬁnancial services, “what is new is the packaging of these behaviours,” she says. “When evaluating a company, people today have begun to place more weight on its contributions to society,” Masotoshi Matsuzaki, president and CEO of Konica Minolta Holdings, Inc. in Toyko, notes in a message on the company’s website. “We believe that innovation starts with understanding the true needs of society, and then changing the way we create and offer our products and services in line with those needs,” Matsuzaki adds. It is an approach that attracts many, but repels others. “There is usually a fear businesses won’t measure up,” Dr. Brown notes. Adds Cavanagh, “There are companies out there that don’t go as far as they need to. There are those who go above and beyond. We would suggest more don’t go as far as they should.” Ironically, there appear to be few pitfalls to going above and beyond when it comes to both CSR and oh&s — with one exception. “You don’t get harmed by this unless you lie,” says Dr. Brown. Organizations must do what they say they will do, she emphasizes. Companies need to be open and transparent by admitting their weak areas, and respond by having “a plan to deal with them,” Forgues says. “You have to be committed. You’re building trust and credibility.” Not to mention building a healthier and safer workplace.

Staying ahead of the curve may also help stem the tide of using regulation to elicit desired results.

Donalee Moulton is a writer in Halifax.

www.ohscanada.com

DECEMBER 2010

FORMALDEHYDE

TREATMENT

BEAUTY

DECEMBER 2010

OHS CANADA

It was meant for beauty, but it turned out to be a beast. The performance of the hair-smoothing product, Brazilian Blowout Solution, seemed to have no equal. Clients laid down a tidy sum to watch, all atingle, as their tresses were transformed from desperately damaged to silky smooth. Stylists at the Platform Artistic Salon in Portland, Oregon were also left all atingle, but these feelings were decidedly less attractive and entirely unwelcome. There were watery eyes, irritated throats, chest pains, and even some nosebleeds. Pauline Steiner was among those affected. A co-partner at the salon, Steiner runs regularly, having competed in half- and full marathons — the latter surely the ultimate test for someone who

BY ANGELA STELMAKOWICH

considers herself a runner. But her regular ﬁve-kilometre runs, often with co-workers, were pretty much stuck in the blocks after anyone in the salon performed a Brazilian Blowout treatment — this despite the space’s high ceilings, large roll-open doors and excellent ventilation system, she says. “It just takes your breath away,” Steiner recalls, adding that it would take a few days for the pain in her chest to pass. Every time a treatment was done, “the symptoms would surface.” Not every stylist was affected, Steiner acknowledges, but she was certainly not alone. It was enough that the health-conscious

PHOTO: HEMNERA

group of workers got together to discuss the issue and voice their concerns. The step was taken to discontinue the lucrative, but worrisome, treatments. In fact, the salon has since opted to get out of the hair-straightening game altogether.

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OHS CANADA

zilian Blowout product. This represents a clear violation of proper testing protocol, and this gross negligence on the part of OSHA invalidates all findings that have been released.” Another Cadiveu statement notes that “formaldehyde is a gas and, therefore, cannot be added to a cosmetic as an ingredient.” Formaldehyde is “extremely unlikely in a water-based cosmetic product to exist beyond 0.005 per cent.” But OSHA refers to both “formalin” and “methylene glycol” as synonyms for formaldehyde (specifically referring to formaldehyde in solution). Beyond that, Oregon OSHA’s testing of more than 100 product samples from 50 Oregon salons confirmed earlier results that showed significant levels of formaldehyde in products labelled formaldehyde-free. Several salons also underwent air monitoring. “Although it’s not clear whether the regulatory level of airborne exposure would be exceeded based on our results, it is clear that the levels are high enough to cause concern,” Michael Wood, Oregon OSHA administrator, noted in an October 29 statement. Montgomery points out that issues such as the ventilation system available, how many processes are being done per day and whether more than one stylist is performing the treatments at once will all influence possible exposures. SOUTH AND NORTH Company assurances were not enough for Oregon OSHA or Health Canada in Ottawa. The Canadian department joined the discussion in early October, warning that the product, which is available at salons across the country, has been found to contain unacceptable levels of formaldehyde. Gary Holub, a media relations officer for Health Canada, reports that “the levels of formaldehyde in Brazilian Blowout product far exceed acceptable amounts, and it is, therefore,

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FIRST IN, FIRST OUT Platform Artistic Salon was one of the first in Oregon to offer the treatments, Steiner says. But even with the consistency of complaints and reactions following the treatments, she says, it does not immediately “dawn on you” that a product is the source of the symptoms. Instead, says Steiner, who was diagnosed with breast cancer in March, the initial thought is that someone is feeling run down, someone’s cold is dragging on longer than usual, someone is developing asthma. The extra time spent using the product carried with it negative and positive implications — negative because the number of exposures may have been greater; positive because a pattern of potential harm was likely identified more quickly. Steiner prefers to remain positive, pointing out how, as a group, employees were willing to speak up. That’s how the Center for Research on Occupational and Environmental Toxicology (CROET), part of the Oregon Health & Science University in Portland, became involved. “We have a toxicology information centre, which is a resource for folks when they might have a question regarding a health concern,” says Dede Montgomery, an occupational safety and health specialist and certified industrial hygienist at CROET. In July, one stylist from the salon reported experiencing adverse health effects, and wanted to know what might be causing the problem, Montgomery says. Center staff looked at the product’s material safety data sheet (MSDS), but “did not find a specific ingredient that would help us understand what was going on,” she says. There were no chemical or hazardous ingredients listed. Salon staff, too, had reviewed the product label and information provided by the company. “There was nothing in the training, nothing on the label to indicate it was toxic,” says Steiner. “It creates a false sense of security. You assume that someone has tested the product.” Testing is just how CROET got some answers. Center representatives asked Oregon’s Department of Consumer and Business Services in Salem to take a look. Oregon Occupational Safety and Health Administration (OSHA) ended up doing some tests, results of which spurred alerts from CROET and denial from Cadiveu, the manufacturer of Brazilian Blowout Professional Smoothing Solution. Sampling of two different formulations — one labelled “formaldehyde-free” — indicated the product contained between 4.85 and 10.6 per cent formaldehyde, CROET notes in a statement. A closer look at the formaldehyde-free sample, using four test methods, revealed 10.6, 6.3, 10.6 and 10.4 per cent formaldehyde, respectively. Whatever the individual numbers, all exceeded allowable concentrations. In a CROET alert, Montgomery pointed to “the potential long-term and short-term impacts of formaldehyde exposure.” News travelled fast following the release of the alert, she says. “We started to get quite a number of phone calls and e-mails from stylists, many of whom shared similar health concerns,” Montgomery adds. The company wasted no time in responding. Characterizing the testing methodology used by Oregon OSHA as questionable, Cadiveu notes in a statement that since the source of the formulation tested was not submitted by the company, “there is no reason to believe that the formulation tested and found positive for traces of formaldehyde was indeed Bra-

Chemical Breakdown Acute exposure to formaldehyde — a colourless, strongsmelling gas — is highly irritating to the eyes, nose and throat, sometimes resulting in coughing and wheezing, notes information from the Occupational Safety and Health Administration (OSHA) in Washington, D.C. Subsequent exposure may cause severe allergic reactions in the skin, eyes, and respiratory tract. The Center for Research on Occupational and Environmental Toxicology, part of the Oregon Health & Science University in Portland, notes that formaldehyde may reasonably be anticipated to be a carcinogen. OSHA notes long-term exposure to low levels in the air or on the skin can cause asthma-like respiratory problems and skin irritation such as dermatitis and itching. Ingestion of formaldehyde at concentrations of 100 parts per million (ppm) are immediately dangerous to health or life. Personal protective equipment to guard against potential harm includes impervious clothing, gloves, aprons, and chemical splash goggles. Anne Burch, director of Prevention Policy and Regulation Review at WorkSafeBC in Richmond, British Columbia, notes that some signs of exposure beyond regulated levels are immediate. For example, eye, nose, throat and respiratory irritation will occur at levels of more than one ppm, Burch says, while the upper limit of human tolerance is four to ﬁve ppm. At levels below three ppm, the appearance of effects is not related to duration of exposure, notes information from the Institut de recherche Robert-Sauvé en santé et en sécurité du travail (IRSST) in Montreal. “There does not seem to be a cumulative effect from exposures. The effects are reversible and stop shortly after the exposure stops,“ the IRSST reports. A number of sectors have the potential for work-related exposure to formaldehyde, Burch says. The main industries include paperboard and cardboard manufacturing, laminated wood products, pressed/panel ﬁbreboard, oriented strandboard, funeral homes, university laboratories, hospital and medical clinics and labs.

being removed from the market.” Validated results of tests carried out by Health Canada indicate formaldehyde levels of 8.4 per cent, “42 times the acceptable limit when used as a preservative in certain cosmetic products, and well above the amount known to cause injury,” notes a statement from the department. The presence of formaldehyde was not indicated on ingredient labels or the cosmetic notiﬁcation form sent to Health Canada, Holub reports. This absence is at odds with Canada’s Cosmetics Regulations, under the Food and Drugs Act, which oblige manufacturers to provide a list of a product’s ingredients. Here at home, a number of restrictions apply to formaldehyde in cosmetics: s not permitted in aerosol cosmetics; s permitted at concentrations equal to or less than 0.1 per cent in oral products; s permitted at concentrations equal to or less than 0.2 per cent — deemed a safe level for which ﬁrst aid measures

are not required — as a preservative in products applied to hair, nails and skin; and, s permitted at concentrations equal to or less than five per cent in nail hardeners, but these products must be sold with nail shields, directions for use and include a cautionary statement, on both the inner and outer labels, about the potential to cause skin sensitivity. PROTECTION ON HIGH In a work setting, the types of controls needed “depend on the nature of the process, the amount of formaldehyde in the materials used, and how long workers would be exposed,” says Anne Burch, director of Prevention Policy and Regulation Review at WorkSafeBC in Richmond, British Columbia. As with any occupational hygiene hazard, adoption of the hierarchy of controls is recommended. Burch notes this involves the following: substitution (using a less hazardous product where practicable); engineering controls (such as local exhaust ventilation); administrative controls (like signage, limiting worker access to certain areas and restricting exposure times); and personal protective equipment (PPE). If exposure is likely to be regular or sustained, good ventilation controls are a must, says Mark Nazar, owner of Mark A. Nazar & Associates in Weston, Ontario, a business engaged in occupational and environmental health. “When you get down to using formaldehyde on a very infrequent basis, or the exposure is passing,” then PPE would be called for, notes Dr. Nazar, who holds a Ph.D. in chemistry and is a registered occupational hygienist. That said, PPE must not be used as a “front-line defence for exposure,” he emphasizes. “PPE doesn’t eliminate the hazard,” says James Miuccio, occupational hygienist for the Windsor, Ontario branch of the Occupational Health Clinics for Ontario Workers Inc. Elimination, first, and safe substitution, second, is what Miuccio recommends. With Brazilian Blowout, concerns had been raised about how the application of heat during treatments might up the exposure potential. In Canada, reports of burning eyes, noses and throats, breathing difficulties, and one case of hair loss have been received. “Health Canada believes that the reactions are being caused by formaldehyde becoming aerosolized during the blow-drying and flat-ironing stages of the treatment,” notes a department statement. Cadiveu reports that a series of tests were performed at both room temperature and at 450 degrees Fahrenheit (the temperature of a flat iron). Results showed formaldehyde at levels of less than 0.0002 per cent. That level “is considered safe and allows for use of the term, formaldehyde-free,” notes a company statement. Burch could not comment on the effect from blow drying, but did note that in plywood manufacturing, as the panels are heated and glued together (at high temperatures), formaldehyde vapour is released. “The adverse effects that have been reported to us are pretty classic for those you would expect from formaldehyde exposure,” Montgomery says. “The major concerns of repeated formaldehyde exposure are sensitization, which is similar to an allergic condition, and asthma in those who have been previously sensitized to formaldehyde,” she adds in a statement.

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Day by Day JULY, 2010: A Portland-area salon contacts the Center for Research on Occupational and Environmental Toxicology (CROET) in Portland with concerns about Brazilian Blowout. Reported reactions include nosebleeds, eye irritation and breathing problems — this despite the material safety data sheet for the product listing no hazardous ingredients. Use of the product had been discontinued. JULY 29: The salon provides CROET with a bottle of Brazilian Blowout and the documentation included with its shipment. The product is sent to Oregon Occupational Safety and Health Administration (OSHA) for testing. AUGUST 19: Test results show the solution contains 4.85 per cent formaldehyde. CROET shares the information with the salon and learns that a newer formula exists. SEPTEMBER 2: CROET receives a sample of the product from a second salon. The bottle is labelled “formaldehyde-free,” and is sent to OSHA for testing. SEPTEMBER 17: CROET posts a public alert on its website while awaiting analytical results for sample two. SEPTEMBER 23: OSHA test results, from four separate methods, indicate 10.6, 6.3, 10.6 and 10.4 per cent formaldehyde, respectively. SEPTEMBER 24: CROET posts a second public alert.

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tion, 10 to 20 per cent, reported to be responsive to low ambient concentrations, less than 0.25 ppm of the chemical.” For sensitized persons, odour is not an adequate indictor of formaldehyde’s presence and may not provide reliable warning of hazardous concentrations, notes the Agency for Toxic Substances and Disease Registry in Atlanta. OSHA reports formaldehyde has been linked to nasal and lung cancer, with possible links to brain cancer and leukemia. With the move by the International Agency for Research on Cancer to upgrade formaldehyde to a Group 1 carcinogen, Miuccio says that “you want to eliminate all exposures.” In July of 2009, WorkSafeBC’s Board of Directors opted to maintain exposure limits for formaldehyde at 0.3 parts per million (ppm) over an eight-hour work period (the ceiling limit, or concentration in air that cannot be exceeded, is one ppm.) “There is no evidence that formaldehyde is a cytotoxin, mutagen, genotoxin, carcinogen, reproductive or developmental toxin or causes other short- or long-term adverse health effects at levels of 1.0 ppm or less,” notes Burch. Still, the board “directed that there be an annual review of new research into health effects and other information regarding formaldehyde,” she adds. “With any substance you’re working with, you want to review the MSDSs, make sure you’re taking the proper precautions, make sure you’re using the proper personal protective equipment, and educate yourself and workers on the health effects of the products,” Miuccio advises. SECRET INGREDIENTS Health Canada notes the regulated limits of formaldehyde for cosmetics are safe. That assurance, however, only holds if product labelling is accurate. In the case of the Oregon salon, it was not. “The MSDS accompanying the product listed no hazardous ingredients or impurities. No chemical ingredients label appears on the container,” CROET reports. Steiner, who was undergoing chemotherapy during part of the time she was being exposed to Brazilian Blowout, was told by her doctor to immediately stop using the product. It was not a suggestion, she recalls, but an unequivocal directive. “My physician was adamant about not exposing me to the product.” Since cosmetics do not fall under Canada’s Workplace Hazardous Materials Information System, work settings like salons where cosmetics are used would not be required to keep MSDSs on hand, although they may do so voluntarily. Burch reports that under the federal Hazardous Products Act and Controlled Products Regulations, if hazardous materi-

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When a person is allergic, there may be “terribly small amounts of material being taken in by the person, but the allergic response is way out of proportion to the risk posed,” suggests Dr. Nazar. The body has “become super-primed and treats the small amount as the onset of an invasion.” Miuccio suggests it is impossible that, absent elimination, any level would be so low as to guarantee that no one would be adversely affected. Employers are required to do everything reasonable in the circumstances to protect workers, Dr. Nazar says. “If you protect the vast majority of people, is that sufficient? If you protect 99.9 per cent, is that sufficient?” he asks. “You never find an endpoint with that because people are different,” he says. “It doesn’t matter what the chemical is, you’ll find somebody who can’t accommodate it.” Citing information from the American Conference of Governmental Industrial Hygienists in Cincinnati, Ohio, Montgomery reads: “The ACGIH recognizes the [threshold limit] value may not safeguard that portion of the worker popula-

Bad Style In its guide, “Occupational Skin Problems and Hair Dressers,” the Occupational Health Clinics for Ontario Workers Inc. notes that there are a number of work-related conditions that can produce adverse health reactions and illness among the aforementioned workers. The seemingly innocuous trio of water, hair cosmetics and hair dryers are among the culprits: WATER: Hairdressers are frequently required to submerge their skin in water and other liquid substances for tasks such as rinsing out cosmetics, washing hair, cutting wet hair, and washing hands after performing their work duties. All hairdressers are subject to an excess of water exposure, approximately greater than two hours per day. HAIR COSMETICS: These contain irritant substances that are present in high concentrations and can cause skin irritation. Perm ﬂuids, hair dyes and blonding agents contain high concentrations of sensitizing compounds, causing allergic eczema. HAIR DRYERS: The dry air from the hair-drying procedures also contribute to the irritation of skin on the hands and forearms. Irritants include permanent wave solutions, shampoos, bleaching agents and wet work. When feasible, replace allergic components as soon as possible, change the application form of the product (such as creams or tablets versus powders), always wear gloves (cotton gloves under rubber gloves for all wet work), use barrier creams, use mild soaps or solvent-free cleaners when washing hands, and implement a rotation of tasks for wet work.

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als are present at concentrations above a certain limit, they must be listed as hazardous materials on an MSDS, as would exposure limits, PPE requirements, first aid measures and clean-up procedures. WHMIS or not, though, Burch emphasizes that it is an employer’s responsibility to conduct risk assessments and develop exposure-control plans for any product that may be hazardous. “Salons and spas are no different than any other employers in this regard — many employers are compliant and some are not,” she says. Even when a product comes with an MSDS, however, there is no guarantee that its information will be complete. And complete information is critical in light of the many products that find their ways into salons. Steiner points to shampoos, hair dyes and straightening products as just the tip of the iceberg. “The labelling should be accurate,” she says. “Cosmetics and products that we might find in this industry, there are many concerns about that,” says Montgomery. “It’s unfortunate when we question what’s in a product because we’re getting adverse effects that we didn’t expect.” If information on an MSDS seems to be lacking, Miuccio suggests calling the manufacturer for a product information sheet. The problem is that these are not always available or accessible. The U.S. Food and Drug Administration in Washington, D.C. is working with state and local organizations to determine whether the products or ingredients in Brazilian Blowout would be likely to cause health problems under the intended conditions of use. “The composition of the products and the labelling, including use instructions and any warning statements, will be factors in this determination,” notes a statement.

of occupational concerns. There is a perception that there is no risk for the services provided, says Dr. Nazar, which he regards as “foolishness” in light of the many chemicals used and the new products regularly entering those workplaces. The possibility that clients were exposed is something that has stayed with Steiner. She recommended the treatment to clients and friends, she says, adding that she feels “horrible” because, based on the product’s express assurances, she told everyone it was safe. Health Canada notes, however, that “there is no cause for concern for consumers who have used this product and not experienced any reactions.” Steiner says there does not seem to be any lasting effects from her exposures — although that absence cannot completely eliminate her worry. She has no idea how it may inﬂuence her future health, or her current battle against cancer. Has any good come from the experience? Possibly — but only in the sense that “we found out that it could be harmful and stopped using it,” Steiner says. Angela Stelmakowich is editor of

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GOING PUBLIC Workplaces like salons also widen the exposure blanket. As of October 6, Health Canada’s Holub says the department had received six consumer and two trade complaints about Brazilian Blowout. Three weeks later, Health Canada reported it is still receiving complaints and has started testing similar products for which it has received complaints. There is a challenge of overcoming the view that salons are not industries that carry their own host

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DECEMBER 2010

LONG-TERM CARE

BY EMILY LANDAU

Some truly remarkable advances have been made in recent decades — the Internet, space travel and those special effects in Avatar among them. But perhaps nowhere has there been so much activity as in medicine, where new drugs and treatments are slowing the progress of illness and allowing people to live longer than ever before. But this social positive has produced a negative: the long-term care (LTC) needs of an aging population that is both growing and increasingly demanding around cognitive impairments, conditions that can result in aggressive and violent responses. The number of Canadians requiring LTC shows no sign of abating. How will the rising demands and mounting pressure on the care sector affect workers? Resident needs, bed availability and employee supports all serve as important pieces of the mix to ensure

A LONG VIEW In recent years, healthier diets and improved medical care have helped stretch Canadian life expectancies. “People are living longer with more complex needs and conditions,” says Christina Bisanz, CEO of the Ontario Long Term Care Association in Toronto. “These are frail, elderly people for the most part,” Bisanz says. “That has sort of changed the requirement for more direct nursing care for that resident.” And that, in turn, has expanded the need for LTC facilities, which offer residents full-time assistance with such daily demands as eating, continence, dressing, getting out of beds and being transferred into wheelchairs, she says. In addition to the growing number of Canadians needing long-term care, reduced funding has resulted in people who require other types of care being shuttled into LTC. The latter is “one of the cheapest forms of governmentfunded care, much cheaper than an acute-care or chronic-care hospital,” says Jane Meadus, a lawyer with the Advocacy Centre for the Elderly in Toronto. “In the last 20 years, they’ve started to really close down [acute- and chronic-care] beds and move people who would have normally gone into complex continuing care into the long-term care sector,” Meadus says.

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that residents and workers alike are protected.

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BODY AND SOUL Just as the body weakens with age, the mind can also fall prey to similar deterioration. Dr. Armstrong reports that in LTC settings, “about half of the residents have dementia or Alzheimer’s or some form of severe cognitive [impairment].” Neil Boyd, associate director of Simon Fraser University’s School of Criminology in Burnaby, British Columbia, puts that number even higher. Boyd, who conducted a study on LTC violence in 1998, estimates that the number of people with dementia in these care facilities has skyrocketed from about ﬁve per cent 30 years ago to approximately 95 per cent today. “People stay away from long-term care facilities until they really have no choice,” he suggests. Dementia refers to a slew of disorders characterized by a progressive deterioration of thinking ability and memory, notes “Rising Tide,” a study of the disease’s impact on Canadian society, issued this past January by the Toronto-based Alzheimer Society of Ontario (ASO). Alzheimer’s disease, caused by brain cell death, accounts for 63 per cent of dementia cases. The second most common cause of cognitive impairment is vascular dementia, in which blood supply to the brain is disrupted. Being struck or grabbed is also the second most common cause of occupational injury among residential care workers in British Columbia. A dementia care guide released in October by WorkSafeBC notes that, overall, violence accounts for more than 1,000 lost-time claims every year, many of which are related to caring for people with dementia. “Personal support workers tell us that violence is a constant and ongoing part of working in Canadian facilities. The

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“Some of these folks are in their own world and they do not understand what is happening.” violence they experience is physical, verbal and sexual,” reports Dr. Armstrong’s 2008 study, which compared LTC facilities in Ontario, Manitoba and Nova Scotia. Most respondents experienced some form of violence, and about half were subjected to physical violence daily, the study notes. Violence and aggression from residents suffering from dementia can include “biting, kicking, hair-pulling, scratching, shoving people into furniture, people in wheelchairs trying to run staff over. You name it,” says Catherine Fast, executive director of the Occupational Health and Safety Agency for Healthcare (OHSAH) in Vancouver. LTC workers are mostly women — Boyd and Dr. Armstrong say women account for more than 80 per cent of the work force. Residents also make up the bulk of patients, but the settings are housing more men and more younger people “because we’ve closed other kinds of residential care facilities,” says Dr. Armstrong. Fast says male patients who are physically functional, but cognitively impaired, can be particularly dangerous. Boyd’s study estimates that violent incidents involving males are three times more likely to lead to lost-time injuries. David Harvey, chief member services ofﬁcer for the ASO, agrees, noting that the majority of behaviours classiﬁed as

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Ontario, for example, operates 76,906 LTC beds. The province has opened more than 8,000 new spaces since October, 2003, with another 1,500 expected to become available within the next few years, says David Jensen, a spokesperson for the Ministry of Health and LongTerm Care in Toronto. In addition, the province has committed $272 million to community care and home-care initiatives “to ensure more Ontario seniors can continue to live independently and to allow patients to receive appropriate care in the right setting,” Jensen says. But a 2007 report from the Ottawabased National Union of Public and General Employees argues that in 20 years, 560,000 to 740,000 elderly Canadians will require LTC. Exacerbating the bed shortage is a staff shortage that, when combined, potentially put workers and residents at risk. The increased demands are taking a toll, suggests Pat Armstrong, Ph.D., a professor of sociology at Toronto’s York University and co-author of a study on violence in Canadian LTC. More than four in 10 of the surveyed personal support workers (PSWs) — unregulated health care providers who support those unable to fully care for themselves — said they were short-staffed on a daily basis.

problematic to workers are coming from men. Primarily, resident violence toward workers occurs when personal space is invaded, says Debbie Walls, administrator for the Mount Saint Joseph Nursing Home in Miramichi, New Brunswick, which houses 133 residents. As dementia advances, “some of these folks are in their own world and they do not understand what is happening in any way, shape or form,” notes Debbie McGraw, an administrator with Miramichi Senior Citizens Home. Harvey says residents may not grasp, for example, why they need to take a shower. The situation may create fear and the feeling that “they’re at risk in some way or another.” If someone is resisting, he recommends simply stopping the process. “It’s most important to come up with a clear idea of what seems to be causing the problem, and a strategy to prevent it from escalating,” Harvey suggests. Boyd agrees that ﬁnishing the task is often not the best course of action. “You’ve got to have a lot of ﬂexibility, and sometimes you just have to walk away from the situation.” Then there is continence care, which can serve as a major source of embarrassment and frustration for residents, possibly instigating aggressive responses, says Dr. Armstrong. “We’ve had workers say, ‘I’m not surprised they want to hit me. If I’d been sitting, not able to get to the toilet for an hour… I might get mad at someone, too.’” CULTIVATING CALM The potential communication gap between workers and residents with dementia is another concern. Some dementia sufferers lose the ability to verbalize, prompting greater reliance on simpler modes of communication, particularly touch, notes the WorkSafeBC guide. Adds Bisanz, “Responsive behaviours could be as a result of somebody’s inability to express that they’re in pain, or that they feel threatened or their inability to communicate frustration.” Walls suggests that workers maintain routines to prevent startling or disorienting residents. “To feel like they know what’s going to happen at a certain time is very important.” She notes that there are a number of ways to avoid situations that might give rise to violent responses: s LTC workers should not approach residents from behind, but rather at an angle from the side, so staff are easily seen. s A worker’s manner should be calm. Do not be hurried, Walls suggests, or residents will “put up resistance.” s LTC workers should introduce clues within the resident’s

environment to prepare them. For example, Walls notes that by bringing residents to the dining room before the food is ready, the smell of the food and seeing it put on their plates will alert them to the fact that it is mealtime. s Use pictograms — for instance, a picture of a toilet rather than the word, “washroom.” The WorkSafeBC guide adds the environment should be assessed for possible triggers of violence, such as too much noise or light stimulation, or the room being too cold. “There needs to be an awareness of particular individuals and particular responses for those individuals,” Boyd suggests, noting that aggression “can change as the illness progresses over time.” Fast agrees that it is preferable to have dedicated staff members who “get to know the residents and are able to interact in a more consistent and familiar way.” EMOTIONAL TOLL The physical effects of being bitten, hit and scratched by residents with dementia are clear. The emotional impact might be less obvious, but no less damaging. An April, 2009 study released by Statistics Canada reports that these events can contribute to “a variety of negative outcomes among nurses, including anger, fear, depression, anxiety, sleep disruption, increased sick leave, symptoms of posttraumatic stress disorder and job dissatisfaction.” Dr. Armstrong’s study considered violent incidents in LTC facilities in both Canada and Nordic countries (Denmark, Finland, Norway and Sweden). “Canadian personal support workers are twice as likely to end the day feeling physically exhausted, three times as likely to experience back pain, and four times as likely to be mentally exhausted as Nordic workers,” the review notes. While issues related to staff shortages and work overload contribute to LTC worker stress, so do racism, sexism and name-calling that can proliferate in these facilities, says Harvey. “Some clients lose that social inhibition that prevents us from making racial slurs against other people,” he says. Dr. Annalee Yassi, a professor at the University of British Columbia’s School of Population and Public Health in Vancouver, cautions that such a verbal onslaught can downgrade self-esteem and job satisfaction. “If your effort is huge because of your workload and your reward is diminished because rather than getting the satisfaction from caring for people, you feel you’re being treated badly, then that creates more stress and more burnout,” Dr. Yassi explains. The emotional knock to one’s self-esteem “could be quite signiﬁcant,” she suggests. “If someone is called a bitch all day long, it gets to them after a while.” SHORT SHRIFT Staff shortages have served to compound challenges. Fewer workers combined with “much higher levels of acuity” in terms of the frailty, behavioural issues and medical conditions of the residents can frequently cause caregivers to rush, says Fast. “Like jaywalking — it saves you time, and most of the time you get away with it.” The issue is that there is no give in the system, Fast suggests. “People engage in what I would call anticipatory rushing in many settings, in the sense that you have to hurry up and get all this stuff done, because what if something goes wrong?” Dr. Yassi agrees that “understafﬁng is a problem because people are rushing, but it’s also a problem because people

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DECEMBER 2010

good move

work longer shifts because there’s more overtime required.” Rushing “requires people to cut corners in terms of all the things they ought to be doing in order to minimize risks themselves,” she says. “If there’s more staff, people get more time to follow safety procedures, more time to be trained, more time to take the care that’s needed to protect themselves.” Just what constitutes an appropriate stafﬁng level is the $64,000 question, Meadus says. TRAINED ON SAFETY In-the-moment techniques for diffusing violent and aggressive encounters with residents are certainly helpful for workers, but as with any workplace hazard, organizational systems must be in place. Most experts identify training as crucial. In Ontario, the health ministry’s Jensen reports that “staff providing direct care to residents (including nurses) must have training in the areas of abuse recognition and prevention, mental health issues, behaviour management, minimizing restraints, palliative care and other areas.” However, as Dr. Armstrong points out, only one registered nurse is required to be on duty during a shift, and in terms of personal support workers, “there’s an incredible variation on whether they have to have training or not.” Fast notes that British Columbia has a 10-month program for residential care aides, although it is not yet standardized. The OHSAH encourages education programs to train students in dementia care, she says, but “we don’t control their curriculums, so there are some challenges there.” With a work force that itself is aging, Dr. Armstrong insists ongoing training is paramount. “Many of the people are still the same people who were there 25 years ago, but the people they’re caring for are very different,” she says. Informal education about individual patients and communication between staff members can help prevent worker injury. “Many facilities have instituted safety huddles based

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on the near-miss medication model, but have applied this more broadly to both patient and worker safety,” says Fast. Boyd endorses this approach. In one facility, he says, it was found that team meetings at the beginning and end of every shift increased awareness of patients who were particularly agitated. Boyd also points to another LTC facility in which workers were armed with cellphones or walkie-talkies, so that in the event they were faced with violent or aggressive situations, they would be able to call for immediate back-up. As experts and studies alike suggest, resident violence may be curbed with changes to the types of facilities themselves. “It’s always better if you can work in a facility [where] the physical layout is designed to support the type of individual who lives there and allows you access to the equipment and room to manoeuvre such that you can provide care in a safe way,” Fast says. Some facilities have essentially been adapted from retirement settings, says Boyd. “It will require more capital investment in terms of the facilities themselves over time and, of course, more education, training and respect for the nature of the job that’s done,” he adds. In some current settings, Fast says, “the rooms are too small, the doorways are too narrow, the bathrooms aren’t welldesigned.” One such facility is Highland Manor, an LTC home in Neils Harbour, Nova Scotia that recently was almost closed down because overcrowding resulted in it failing a fire inspection. The home responded to the identified deficien-

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Violence is hardly the only safety worry for long-term care workers. “The number one [injuries are] musculoskeletal injuries related to patient handling,” says Catherine Fast, executive director of the Occupational Health and Safety Agency for Healthcare (OHSAH) in Vancouver. Fast notes that lifting aids have helped to reduce the number of back injuries, “but we’re still seeing a persistence in shoulder injuries.” These are often “related to managing people in bed, getting people dressed in bed, changing incontinence materials in bed, turning people in bed [and] getting people sitting in bed,” she says. Ceiling lifts are preferable to floor lifts because of their space efficiency, suggests Dr. Annalee Yassi, a professor at the University of British Columbia’s School of Population and Public Health in Vancouver. Fast agrees, pointing out that OHSAH has been working to ensure that 100 per cent of resident care lifts in the province are ceiling-mounted. The lifts are equipped with “different slings that are put around residents, and these have been extremely effective in reducing injuries,” says Dr. Yassi. Fast notes that lifts used in the province are standardized to function on a more flexible XY gantry, which allows for “far more broad scope of use for activities.” To mitigate the potential for musculoskeletal injuries, Debbie Walls, an administrator at the Mount Saint Joseph Nursing Home in Miramichi, New Brunswick, says that before each shift, all care workers are required to do exercises “to warm up their bigger muscles and prepare their bodies for the work that they have to do.” In addition, Dr. Yassi urges that there be no unsafe manual lifting, and that “people should not have to work alone.” The ongoing challenge, however, is that there may not be two people around, says Pat Armstrong, Ph.D., a professor of sociology at York University in Toronto. Jane Meadus, a lawyer with the Advocacy Centre for the Elderly in Toronto, agrees. Staff may do the lifts “with only one person or they feel that they don’t have enough time to put [the resident] in the lift because it’s time-consuming.”

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cies by storing medical equipment off site, and allowing only 10 people (staff and residents) in the common room at any one time. When the facility was built 24 years ago, “people were very mobile, and they were still very independent,” notes Esther Blakeney, the home’s administrator. Now, Blakeney points out, “when they come into your home, they usually [require] heavy care. They have Alzheimer’s or dementia or mental illness.” The Mount Saint Joseph Nursing Home also was never meant to be a nursing home. Its hospital-like layout is “not a very homelike environment,” Walls suggests. To combat an institutional feel, the facility features colours that are known to decrease the likelihood of aggression, and residents wanting some exercise “have access to a courtyard on the ground level.” Some experts would like to see more systemic changes that they argue would make it easier to ensure worker and resident safety. “Creating more homelike atmospheres, enabling workers to interact more informally with clients [or] residents, creating more of a sense of home seems to be a real solution in behavioural issues,” Harvey contends. Adds Walls, “We need to start changing what we’re doing and how we’re doing it. We need to have different expectations about our care, because as a nursing home, we have to start looking at it as a home and not just as a series of tasks.” By providing restorative care and rehabilitation, Bisanz says she hopes it can help residents regain mobility and independence. “If we can work on maintaining independence as long as possible for some of these residents through some of these quality improvement initiatives, it, in turn, improves quality and safety of the work life and workplace.” Dr. Armstrong’s study found the rates of violence to be much lower in Nordic LTC facilities, a fact that she attributes largely to the work environments. “If you go to Sweden, what you see are people basically having individual apartments, and even as their functioning decreases, they stay in that apartment. It’s just that the level of care increases,” she says. “The workers have more control over what they do, when and how they do it,” Dr. Armstrong says. BATTLING RESISTANCE Perhaps the most fundamental aspect of keeping LTC workers safe is the establishment of a culture in which there is less resistance to reporting violence and aggression from residents. The 2009 StatsCan report cites a 1999 survey of RNs in Alberta and British Columbia, which found that only 36 per cent of respondents who experienced physical abuse reported the incident to the hospital, while just 28 per cent of those who experienced emotional abuse did so. Fast says she believes that there is under-reporting, particularly in residential care, because that very act “implies some blame for the resident.” Dr. Yassi notes the fear of reporting often comes from fear of reprisal. “Health care workers are afraid to report violence out of fear that they’ll be blamed or if they feel that nothing will be done about it,” she says. Fast argues that workers need support from management to recognize that being abused on the job is unacceptable. The prevalence of female workers within LTC also contributes to low reporting, possibly because they believe that it is simply part of the job, notes Dr. Armstrong. “I think we

“As a nursing home, we have to start looking at it as a home and not just a series of tasks.” need to bring it out of the closet and talk about it.” Fast wholeheartedly agrees. “We also need to create some awareness in the public, particularly around violence. I don’t think there is broad recognition of the level of violence and aggression within health care,” she says. If LTC facilities were prepared to withdraw care in the case of “egregious incidents,” staff members would feel a system of support from senior-level management, she adds. A common view is that “health care workers are just supposed to sacrifice themselves to provide quality care and safe care for patients,” Fast argues. Health care would benefit from a culture in which worker safety is valued as highly as patient safety, she says. Dr. Yassi cites a recent article in the New England Journal of Medicine on nurse hours and patient outcomes. The study states that needlestick injuries, work-related injuries, patient falls with injury, nosocomial infections and medication errors are all significantly related to working more than 40 hours per week. Medication errors and needlestick injuries were found to have the strongest and most consistent relationships with workload. Dr. Yassi also notes a study conducted by her own team, which determined that facilities with the highest staffing ratios had the lowest injury rates. “Staff have more time to spend with the residents, to attend to their needs. They don’t have to rush so much, so they could take the time to do things in a safer way.” Emily Landau is editorial assistant of

OHS CANADA.

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DECEMBER 2010

ACCIDENT PREVENTION

WINTER HAZARDS

Chill Out CHANGE OF SEASON: Winter brings with it holiday cheer that may warm the heart, but serves as cold comfort for those who work outside. This most Canadian of seasons can cause slips, falls, overexertion and overexposure to snowball. HARM ALARM: How things “feel” is important since there is no single value for maximum temperature or humidity at work, notes information from Health Canada in Ottawa. There are, however, standards provided by the Canadian Standards Association related to summer and winter conditions. For the latter, when wearing warm clothing, if the relative humidity is 30 per cent, the acceptable temperature range is 20.5 to 25.5 degrees Celsius. DON’T SWEAT IT: Remember: working up a sweat may be great in the gym, but is not so good while working in the cold. Sweaty clothes will provide little beneﬁt when it comes to insulating against the cold, hiking the risk of related injuries. That makes selection of clothing — outer jackets, inner clothing layers, caps, scarves, mittens or gloves, footwear and socks — key, since both what is being done, as well as what is being worn, can contribute to excessive sweating.

ALL CLEAR: It takes more energy to keep the body warm in the cold and it takes more effort to do tasks because heavier clothing is worn. Add a job like clearing snow, and overexertion can easily occur. “Overexertion, [from tasks] such as shovelling snow or pushing a car, can strain the heart,” notes the WRHA. Take breaks and allow sufﬁcient time to complete the task at hand.

WARM UP: For continuous work in temperatures below freezing, the CCOHS recommends heated warming shelters such as tents, cabins or rooms be available. “The work should be paced to avoid excessive sweating. If such work is necessary, proper rest periods in a warm area should be allowed and employees should change into dry clothes.”

MELT DOWN: Since many injuries are caused by falls on ice-covered sidewalks, steps and driveways, the WRHA recommends keeping these areas clear of snow. Another option may be to turn up the heat through use of heated walkways or portable heated matting, which can be laid at entryways, ramps, emergency exits and loading docks.

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COLD FRONT: Cold impairs the performance of complex mental tasks and reduces sensitivity and dexterity of the ﬁngers, notes the Canadian Centre for Occupational Health and Safety (CCOHS) in Hamilton, Ontario. This can lead to lower efﬁciency and higher accident rates. The temperature, while very important, is just one factor to consider when working in the cold. Wind speed and humidity are also parts of the mix, the CCOHS reports. “These challenges have to be counterbalanced by proper insulation (layered protective clothing), by physical activity and by controlled exposure to cold (work/rest schedule).” Take note that water conducts heat away from the body 25 times faster than dry air, and that any increase in wind speed can make it “feel” colder. And what can be felt can cause harm: non-freezing injuries, freezing injuries and, most serious, hypothermia, which occurs when excessive loss of body heat causes a drop in the core temperature. The Winnipeg Regional Health Authority (WRHA) reports that symptoms of hypothermia include confusion, dizziness, exhaustion and excessive shivering. “Severe hypothermia can be life-threatening,” the WRHA notes. When body temperature reaches 27 C, adds the CCOHS, coma sets in, heart activity stops at 20 C and the brain stops functioning at 17 C.

WELL-NOURISHED: Health can make for safety. The CCOHS reports that balanced meals and adequate liquid intake are necessary to maintain body heat and to prevent dehydration. To keep warm, avoid caffeinated drinks in favour of non-alcoholic beverages or soup.

SAFE DRIVE: The need to be prepared when driving on wintry roads cannot be understated. Among the many dangers are wet or icy conditions that can lead to slipping and sliding, snow coverage that makes safe manouevring difﬁcult, splatter that obscures vision through windshields, and snowbanks that make roadways a tight spot for all concerned. The Canada Safety Council in Ottawa suggests taking the following steps to remain safe and collision-free on winter roads: s Ensure the vehicle has winter tires, keep snow-clearing and emergency items in the car, and make sure that mirrors, windows and the top of the vehicle are free of snow or frost. s Drive smoothly and slowly, avoiding abrupt turns or stops. s Do not tailgate — preferably at all times, but especially in winter — since stopping on snowy and icy roads takes longer. s Brake before making turns and accelerate afterward.

KIT CARE: The whole kit and caboodle will help put drivers on the road to safety. Among other items, the CCOHS notes, any winter driving kit should count as essential properly fitting tire chains, a bag of sand, salt or kitty litter, traction mats, a snow shovel, an ice scraper, extra windshield wiper fluid, booster cables, a flashlight, a blanket, maps and warning devices.

ON THIN ICE: Black ice is a thin coating that can cause a vehicle “to suddenly lose traction, braking and cornering control,” note winter driving tips from WorkSafeBC and the British Columbia Automobile Association. Slow down when approaching shaded areas, bridges and overpasses. This slippery hazard can form when temperatures fall below zero, Prince Edward Island’s transportation department reports in a statement. “No precipitation is needed to form black ice, just cold temperatures and moisture in the air.”

ASSESS TO IMPRESS: Whether indoors or outdoors, maintaining thermal comfort is important. The Health and Safety Executive in the United Kingdom suggests the following checks to help employers assess thermal comfort: s Identify the hazards — Are more than 10 per cent of employees in air-conditioned offices, 15 per cent in naturally ventilated offices or 20 per cent in retail businesses, warehouses or factories complaining that it is too hot or too cold? If so, consider if workers are exposed to external climatic conditions, are wearing personal protective equipment or are involved in intensive physical activity. s Decide who is at risk — Beyond assessing who might be at risk of thermal discomfort, consider if staff have learned coping strategies, identify any adaptive behaviours taking place, and look at health status. s Evaluate the risks — Consult employees, conduct a risk assessment, determine if training is required around thermal comfort, and consider if remedial measures are needed. s Record the findings — Implement a formal reporting procedure, recording all environmental measures taken, estimates of clothing and work/metabolic rates, indices used and outcomes. s Review the assessment — Implement controls where appropriate, note if there has been a reduction in unsafe actions, accidents, illnesses and absenteeism, and record if there has been an increase in productivity and worker satisfaction.

WORKERS’ COMPENSATION ACUPUNCTURE

Pinpointing Recovery By Dan Birch

“W

hat are the alternatives?” This is a question asked daily, perhaps no more so than in medical offices, where injured workers seek refuge from chronic, sometimes debilitating, pain. Increasingly, as alternative medicines and therapies ranging from massage to yoga gain traction, one answer to addressing chronic pain is acupuncture. And some workers’ compensation bodies are taking note. The ancient form of Chinese medicine “is used to encourage natural healing, improve mood and energy, reduce or relieve pain and improve function of affected areas of the body,” notes information from the Acupuncture Foundation of Canada Institute (AFCI) in Toronto. It involves “the insertion of solid filiform acupuncture needles into the skin at specific points on the body to achieve a therapeutic effect.” Neurochemicals such as endorphins and enkephalins are created by stimulating the nervous system, says Kwong Chiu, president Neurochemicals of the Toronto-based Acupuncture Council of Ontario, who is also a such as chiropractor. Dr. Allan Gordon, director of the endorphins and Wasser Pain Management Centre enkephalins at Toronto’s Mount Sinai Hospital, agrees “there is some evidence to are created by suggest that the acupuncture actually either stimulates nerve endings stimulating the or causes release of chemicals into the system,” reaching the brain and nervous system. reducing pain. The specific areas where needles are inserted, known as acupoints, are located either by identifying anatomical marks or by the classical method (for instance, the point where the middle finger touches the thigh when standing), the AFCI notes. Most of these points are located along meridians, “believed to be the pathways by which energy, or Qi… flows through the body.” Needles remain in place for 15 to 30 minutes, during which time the acupuncturist may lift, twist or rotate them to alter energy flow. “It is actually very good for work-related injuries, because they tend to be painful conditions and they tend to be musculoskeletal conditions,” suggests Dr. Chiu, who also heads up the clinical acupuncture program at the Canadian Memorial Chiropractic College in Toronto. The cost of acupuncture and other alternatives may be covered by workers’ compensation, but, as always, each provincial jurisdiction ultimately determines the fine details. Note the following examples: s Newfoundland and Labrador’s Workplace Health, Safety and Compensation Commission has recognized acupunc-

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ture as “a valid form of treatment” since 1987, although a doctor’s referral and commission approval is a must before any needle meets skin. s In British Columbia, WorkSafeBC takes a case-by-case approach, with policy stating that the board “does not generally accept responsibility for acupuncture,” but preapproved exceptions do occur. s Ontario’s Workplace Safety and Insurance Board (WSIB) typically will pay for as many as six acupuncture sessions (when delivered by a board-approved health professional). Additional treatments, however, “must be pre-approved,” says WSIB spokesperson Christine Arnott. WorkSafeBC notes that acupuncture, massage and a variety of physiotherapy interventions are possible “alternatives” most commonly used by claimants. The board’s evidencebased practice group has developed an alternative medicine guideline containing descriptions and research on more than two dozen treatments, from equestrian therapy to yoga. “In-house physicians would likely refer to this document” when asked about a listed alternative, note WorkSafeBC staff physicians, Dr. Celina Dunn and Dr. Craig Martin. It would be one factor considered to form an opinion “as to whether the [alternative] intervention was ‘medically reasonably necessary’ to promote recovery.” Typically, alternatives would not be covered, but there is no specific policy disallowing payment. “For seriously injured workers, there is sometimes a greater likelihood that these [alternative medicine] interventions may be entitled,” say Drs. Dunn and Martin. ON POINT Dr. Chiu says he is pleased the WSIB covers acupuncture, but adds that six sessions will ease chronic pain only so much. “Six treatments [are] not going to go a long way.” Of course, whenever compensation bodies debate the merits of covering procedures — alternative or conventional — many factors must be considered. These include timely and safe delivery of treatment, early and sustainable returnto-work, balance between a claimant’s needs and the cost of treatment, and scientific evidence, the doctors note. “We look for good science to show there is an improvement in pain and/or function before our clinical guidelines would recommend these treatments.” When acupuncture is covered, “it is often for individuals with strong cultural attachments, and it is generally entitled for up to five sessions.” Additional sessions only get the green light if improvement takes place, they add. “It may also be covered if a treating health care provider, such as a physician or physiotherapist with acupuncture training, provides that as part of their treatment plan, where no extra bill for the acupuncture is received.” In Ontario, Dr. Chiu says he foresees the day when advo-

cates of herbal therapy — a major facet of traditional Chinese medicine — will seek WSIB coverage for their services. “Usually Chinese herbs and acupuncture go hand-in-hand.” Although research results assessing acupuncture’s effectiveness have been mixed, Dr. Chiu chalks this up to the nature of medical studies. Certainly, there are reports indicating that acupuncture relieves pain. Take a 2008 study in the Journal of Rehabilitation Medicine, in which researchers evaluated its effectiveness for fibromyalgia. It was concluded that adding acupuncture to typical fibromyalgia treatments — tricyclic anti-depressants and exercise — may be beneficial for pain and quality of life for up to three months after the end of treatment. Yet a study this past September in Arthritis Care & Research noted acupuncture was not superior to “sham” acupuncture, defined as using shallow needles at non-meridian points. “Acupuncturists’ styles had significant effects on pain reduction and satisfaction, suggesting that the [painkilling] benefits of acupuncture can be partially mediated through placebo effects related to the acupuncturist’s behaviour.” While acupuncture has been found to help alleviate pain in various parts of the body, Dr. Chiu reports he is not aware of any research that says the treatment is more effective for one type of pain over another, such as knee versus low back. Properly performed acupuncture has “very, very little to no side effects” compared with pharmaceutical narcotics, which he argues can lead to impairment, addiction and complications with other medications. Infection caused by insufficiently sterilized needles is possible, he acknowledges, but notes that recent regulation in Ontario is meant, in part, to

ensure that practitioners are appropriately trained. Alternative chronic pain treatments have their place, but are not stand-alone solutions, suggests Jason Sheehy, an occupational therapist and clinic director at LifeMark Health Institute in Edmonton. “You offer [chronic pain sufferers] a tool kit, you offer them a menu of options, and it is surprising what works for some and what works for others,” Sheehy says. “If you’re having pain,” Dr. Gordon adds, “you have to use a whole variety” Properly of treatments. LifeMark Health offers alternatives performed such as acupuncture, trigger point injections and therapeutic taping, Sheehy acupuncture says, but these “passive” treatments are only intended to set the stage for inhas “very, creased physical activity. “We use [acuvery little to no puncture] as part of an active approach so that, in time, the need for the needling side effects.” is actually less than it was when they ﬁrst came in,” he adds. One drawback of passive treatments, where patients are not active participants in their care, is that they can “associate all of their recovery with that modality and become dependent on it,” Sheehy says. Treatments may fail to combat root causes of pain, such as poor biomechanics, he explains. Sheehy and Dr. Chiu agree that chronic pain sufferers can take their own inexpensive steps — however small — to gain some relief, including basic and gentle exercises. Dan Birch is assistant editor of

OHS CANADA.

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DECEMBER 2010

SAFETY GEAR FALL PROTECTION

Avoiding the Fall By Jason Contant

ne need only look back to last Christmas Eve in Toronto for a grisly example of why proper fall protection is so very important. It was the afternoon of December 24, 2009 when a swing stage separated in the middle, sending five construction workers plummeting 13 storeys. Four workers died on scene, while a fifth survived, albeit with life-altering injuries. The incident has spurred criminal negligence charges and 61 counts under Ontario’s Occupational Health and Safety Act, many squarely addressing fall protection requirements. It also served as the catalyst for a safety blitz involving construction sites across the province. In most provinces, fall protection is a must when working at heights of approximately three metres or more. In its simplest form, a fall protection system consists of a full-body harness, a con- Fuke says his necting device, such as a shock-absorbing lanyard or self-retracting lifeline, preference is and an anchorage connector, says Bob to “engineer Apel, fall protection business manager for North America at Mine Safety Apout” any pliances Company (MSA) in Cranberry Township, Pennsylvania. fall hazard. The market offers buyers plenty of options to suit work-specific needs, including rope grabs, positioning and restraint lanyards, horizontal and vertical lifelines, and temporary and permanent anchorage connectors, just to name a few. With all of these choices, it is best to begin with a multifaceted fall hazard assessment, suggests John Fuke, technical services manager for Canada with Capital Safety Inc. in Mississauga, Ontario. That review takes into account the frequency and severity of the hazard, as well as the type of fall that may occur, Fuke says. A managed fall protection program includes hazard assessment, work methods, purchasing, training, maintenance and inspection, advises Wayne Donnelly, president of New Heights Industries Inc. in Winnipeg. The Canadian Standards Association (CSA) in Mississauga, Ontario is revising its Z259.17 standard to provide a comprehensive tool for the selection, use and application of fall protection equipment and systems, says Donnelly, who also sits on the agency’s technical committee for fall protection. (The draft standard is expected to be released sometime next year, “barring any unforeseen circumstances.”) Donnelly notes that “regulatory authority acceptance and inclusion of this standard in each and every regulatory jurisdiction will ultimately lead to harmonization of overall fall protection equipment selection and use nation-wide.” He says he is of the view that the best defence against fall-

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related hazards on the job is as follows: s Eliminate the hazard through engineering (process design), or minimize exposure through the use of administrative controls, work practices and procedures. s Prevent employee exposure to the hazard through the construction of passive fall protection systems such as barriers and guardrails, and also active systems, including travelrestraint systems. s Where it is not feasible to eliminate the hazard, use a travel restraint, fall-restrict system or fall arrest system (in descending order of preference). Fuke says his preference is to “engineer out” any fall hazard, as is the case with new light standards on the 400-series highways in Ontario. “No longer do you need to go up in a cherry picker. No longer do you need to climb,” he says. Rather, the light fixture is lowered down the pole, the bulbs replaced and the unit returned to its original position. “You’ve eliminated the fall completely,” says Fuke. Unfortunately, engineering out a fall hazard is not a workable option in every environment. Fuke points to an automotive plant that has a hole in the floor to allow machinery to be lowered to another level, thereby creating a temporary fall hazard. “The guys still have to work on the line around that, so how do you mitigate risk?” he asks. NICE AND COMFY MSA offers a new harness equipped with an adjustable Y Back D-Locator Pad, a feature that allows complete adjustment of the back D-ring to provide proper harness fit. Designed to provide increased comfort, easy adjustment and tangle-resistance, the harness is well-suited for controlled descent, positioning, ladder climbing, rescue and fall arrest, notes a product release from the company. Harness adjustability and comfort are major considerations and ongoing issues for end-users, suggests Stephen Pike, owner and training director of HIGHTEK Fall Protection in St. John’s. “If you buy the wrong harness, you’ll get a very low level of user acceptance,” Pike says. “They’ll be reluctant to put it on. They’ll be reluctant to adjust it properly.” Fuke recommends matching equipment to the environment and task first, rather than using personal preference as the basis for selection. But if users “choose not to select the harness you’ve recommended, move on,” he says. “Give them one they will wear.” With comfort playing a role in user acceptance, Fuke says that more consumers are demanding customization. “How can I look better or different than the other guy?” Norguard Industries Inc. in Sudbury, Ontario offers harnesses and lanyards specifically designed for women that include modifications to accommodate body structure, and are available in an exclusive shade of pink. Pike suggests that things certainly have changed from a

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decade ago, when manufacturers were offering much cheaper harness products. There are now a lot more manufacturers who are “putting out harnesses that have [many more] features, much more comfortable to wear, much more luxurious,” he says. In some cases, that is fuelling “greater worker acceptance” and worker comfort, especially for issues like rescue and lanyard parking points (see “Double Double” on page 48). MATERIAL OF CHOICE The choice of a harness depends largely on the environment where it will be used. Pike says that many harnesses are made from nylon or polyester, both of which have their own particular sensibilities in chemical environments. Joanne Musico, corporate director of sales and marketing for Norguard Industries, says harnesses made with nylon and polyester webbing can be used in temperatures as high as 94 degrees Celsius. Nylon webbing is also strong, lightweight, flexible and highly resistant to alkali substances, but should not be exposed to acidic conditions. Polyester, on the other hand, offers less stretch but greater protection in acidic environments, she says. MSA’s Apel adds that polyester is generally considered a better multi-purpose material. Exceptions include applications involving arc flash and electricity, says Fuke, noting that nylon is the clear winner. For environments where welding and other hot work is being performed, Apel says there are specifically designed materials, such as Kevlar. Musico says her company recently launched a product line to address these hazards in, among others, mining, petrochemical, utility, water treatment, construction, painting and food processing settings. The product is 95 per cent washable with liquid soap and water, provides good resistance to a variety of chemicals, high resistance to cuts, mildew and welding splatter, and has dielectric properties, she adds. A LONG LIFE The service life of a full-body harness depends on application, frequency of use and the severity of workplace conditions. Still, Norguard Industries offers some estimates: eight to 10 years for a harness that has never been used; as long as eight years for a product that is infrequently used (say, twice a year); up to seven years for gear that is used only occasionally (once a month); as much as six years for a product that is used regularly (several times a month); and about four to five years for a harness that is used almost daily. Harnesses are lasting longer than ever before, thanks in part to the recent innovation of polyurethane coating being applied to webbing. Designed to help resist dirt, grease, oil and other products, Apel reports that the coating makes cleaning the webbing easier.

Fall protection can take the form of vertical cable lifelines (left) or horizontal rigid rail lifelines (above) or full-body harnesses (below).

The new line from Norguard Industries makes use of the coating. As an example of its performance, Musico cites painters who get paint splattered on the webbing, something that could affect product integrity. With the protective coating, “they can wipe it right off.” STAY OR GO But necessary protection goes beyond the surface. If a danger exists, the objective is to avoid harm, but also to prevent additional damage if a fall does occur. For self-retracting lanyards (SRLs), the CSA offers guidance in its Z259.2.2 “Self-Retracting Devices for Personal Fall-Arrest Systems” document. Musico says SRLs fall into three types: TYPE 1 — The working length is no more than three metres. The locking mechanism of the compact and lightweight device is not capable of absorbing signiﬁcant amounts of energy. If subjected to the force of a fall, the lanyard must be retired from service. TYPE 2 — The lanyard is generally more than three metres long and has an internal energy-absorbing mechanism that, along with a brake, works to minimize impact forces. “It also has a visible load indicator located on the swivelling snap hook. A visual red mark will pop open should an impact fall force occur,” she says. TYPE 3 — This variety of harness is the same as Type 2, but is equipped with a device that allows a single attendant to raise or lower the worker to a safe level. A “regular” energy-absorbing lanyard features a shock absorber to dissipate kinetic energy and limit deceleration forces during a fall, Fuke says. These offer several distinct advantages and disadvantages compared with SRLs, he says. On the positive side, an SRL connected to an anchor point allows for greater up-and-down mobility (usually 15 degrees in each direction), generally involves a shorter fall distance, (since most of these units lock in at 60 centimetres or less), and is more robust and lasts longer than a regular lanyard. To the negative, certain SRLs must be recertiﬁed annually,

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DECEMBER 2010

DOUBLE DOUBLE

Some fall protection harnesses offer breathable padding (left) and ﬂexible webbing (right) to increase the level of worker comfort.

are much more expensive and are not as lightweight as shock-absorbing lanyards. When comparing an SRL to a regular lanyard, Musico says that “if your distance from your anchorage point and where you are working is a short distance, people generally tend to use their own personal lanyards with energy absorber. If you are working a longer distance away, the retractable [type] is recommended [so that] you are not tripping over it.” Fuke reports there are now even “self-rescue” SRLs, so that workers can lower themselves to the ground instead of waiting for the help of emergency personnel. Last year, Capital Safety introduced an SRL that allows the worker to select either the traditional “fall arrest” mode or a “rescue/descent” mode, notes a company statement. If a fall occurs while in rescue/descent mode, the lifeline arrests the fall and lowers the worker safely to the ground or the next level, a feature well-suited for those working alone, or if the next level below is within 15 metres. The fall arrest mode is meant more for working over dangerous objects, such as moving machinery or trafﬁc, or if the next level below is more than 15 metres. In that mode, and if within 4.8 metres, a co-worker can switch the selector to rescue/descent mode by using a pole and assisted-rescue tool, the company adds. INNOVATIVE APPROACH Beyond SRLs, recent innovations in fall protection include radio-frequency identiﬁcation (RFID) technologies. This involves a tag being applied to or incorporated into a product for

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identification purposes. RFID technology, says MSA’s Apel, allows for paperless, fast and easy tracking and inspection of products. Harness padding is another development, this time meant to increase worker comfort by allowing air to access beneath the harness straps and prevent perspiration build-up. “Particularly for workers who have to wear harnesses all day long,” Pike says, “you tend to find that there is chafing.” And a few years back, in 2008, CSA Z259.10 changed the testing weight requirement for drop testing of full-body harnesses from 100 to 160 kilograms, says Donnelly. That amount takes into account the total weight of the user, clothing, tools and other equipment. “The average North American industrial worker has gained [nine kilograms] in the last 10 years,” Pike says, pointing out that energy absorbers are now being designed for heavier employees. The CSA has about a dozen fall protection standards — including those related to horizontal lifelines, energy absorbers and lanyards, and design of active fall protection systems — but the agency is expected to soon release its first-ever standard on anchorage connectors, Pike says. Still, some concerns persist. “Probably the biggest problem we see in the field is [when] the purchasing of critical devices, such as full-body harnesses, is left to somebody who has never worn a harness before,” Pike contends. “I have seen cases in which hundreds of thousands of dollars worth of gear has been bought and it has been essentially useless.” He says that purchase choices should be made in close consultation with the workers who will be required to wear the gear to avoid any disconnect between the equipment selected and the needs it is meant to fulfill. “The answers already exist within the organization. They just need to go to the right people and ask the right questions,” Pike suggests. Jason Contant is editor of SAFETY NEWS.

CANADIAN OCCUPATIONAL HEALTH

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Work tasks such as ladder climbing or moving from point A to B on a scaffold may demand use of a double lanyard. The device, consisting of a single energy absorber with two “legs” on the lanyard, is designed to maintain 100 per cent tie-off, meaning a user is always connected with at least one leg of the lanyard. John Fuke, technical services manager for Canada at Capital Safety Inc. in Mississauga, Ontario, recommends that workers tie off high on the harness, not near their hips. “That way, if [the lanyard leg] breaks away, the unit deploys. It’s not going to hang you sideways,” Fuke says. Stephen Pike, owner and training director of HIGHTEK Fall Protection in St. John’s, cautions that in the event of a fall, the results could be catastrophic if one leg is attached to a structure and the other to a chest strap or D-ring that does not break away. “We’ve seen cases where workers have gotten very serious injuries,” Pike says. However, he notes that many manufacturers are building points into the harnesses or that can be retroﬁtted onto existing harnesses. This allows a user to “park” the legs of a lanyard. If the worker happens to fall, the other leg, or parking point, is designed “to break away and allow the energy absorber to behave properly,” Pike explains.

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LAW FILE ACCOMMODATION

Rights and Wrongs By Dan Birch

he Human Rights Tribunal of Ontario seems to be a more frequent stop for injured workers with accommodation concerns since changes to the provincial human rights system were adopted two years ago. “It’s becoming increasingly more common,” notes Ryan Conlin, a partner at SBH Management Lawyers in Toronto. The 2008 amendments to Ontario’s Human Rights Code sought, in part, to get claims before the tribunal more quickly. That objective is being realized, but the process is leaving some employers to concurrently deal with both the tribunal and the Workplace Safety and Insurance Board (WSIB), Conlin says. Such was the case for Toronto Community Housing Corporation (TCHC), which the tribunal chastised in an April, 2010 ruling for discriminating against an injured employee by failing to give “appropriate consideration” to his accommodation request. Workplace Before the changes were ushered in, complaints were first filed with the Ontario Human Rights Com- accommodation mission, which would determine if is often the matter should be addressed by the tribunal or by appeal processes necessary to under the Workplace Safety and Insurance Act (WSIA). make a Tribunal vice-chair Brian Cook writes in his decision that the code’s particular job applicability to return-to-work (RTW) cases “may have been somewhat ob“suitable.” scured” prior to the reforms. Now, however, it is quite clear the code applies “to the interpretation of the WSIA,” Cook notes. Laura Lunansky, a lawyer and a member of the Toronto Injured Workers’ Advocacy Group (TIWAG), contends that employers and the WSIB previously paid little attention to the undue hardship standard outlined in the code. Lunansky acknowledges the cases TIWAG handles are usually the tougher ones, with fewer success stories vis-à-vis accommodation. But since the changes to the Ontario code, injured workers “are actually taking their complaints to the human rights tribunal and getting somewhere,” she suggests. Clarification is welcome in light of the differences between accommodation standards under some WSIB policies and the code. Cook notes that, under the former, the question asked of the employer is as follows: is suitable work available? Under the latter, the question is: can you accommodate the worker’s disability, to the point of undue hardship? In defining undue hardship, Ontario’s code directs employers to consider factors such as cost, outside sources of funding and occupational health and safety requirements.

DECEMBER 2010

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WSIB spokesperson Christine Arnott notes that board policies define suitable work as that which is within the employee’s functional abilities; is compatible with the worker’s existing or learned skills; is not an oh&s risk to any worker; and restores the worker’s earnings, if possible. Workplace accommodation is often necessary to make a particular job “suitable,” Cook writes, noting that the WSIB offers various resources to this end, including ergonomic assessments, functional ability evaluations and RTW mediators. That does not mean, however, that accommodation will be in line with the undue hardship standard. Where that is the case, employers are at risk of violating the code. Employers and workers alike must appreciate that a WSIB ruling in favour of an employer’s accommodation efforts is not necessarily the final word that the accommodation is adequate, Conlin explains. “It does not bar the tribunal from coming to a different conclusion,” he says. Kenneth MacLean, a partner at Boyne Clarke LLP in Dartmouth, Nova Scotia, notes that in his home province, Workers’ Compensation Board (WCB) decisions “would be relevant and potentially persuasive... but would not automatically settle the issue.” Whatever the WCB’s decision, the Nova Scotia Human Rights Commission “may still take the view that the employee’s particular condition should be applied to the broad definition of ‘disability’ in the Human Rights Act.” Conlin suggests the best defence “is to have a process in place [that] proactively complies with both WSIB and code requirements.” Lunansky adds it would be useful if the WSIB reminded employers of their code obligations in writing. TRAVEL PLANS In the Ontario ruling, Cook considered the case of Randolph Boyce, a former community patrol officer with TCHC, whose job was to deal with security issues arising at the corporation’s housing facilities. In March of 2005, Boyce was doing paperwork at a desk when his chair collapsed and he suffered a right knee injury, for which he later was granted full WSIB loss-of-earnings benefits. One month after his injury, Boyce was offered a dispatcher position. He responded that he was not physically able to get to the workplace because of his ongoing knee pain. In June of 2005, TCHC proposed a temporary position as a parking enforcement administrator in downtown Toronto. Again, Boyce, who lived in the city’s east end, declined the position because he would have difficulty getting to the site, an assertion that was later supported by a WSIB appeals resolution officer. In 2008, TCHC approached Boyce with a third job offer, this time as a dispatcher at the same downtown location. He turned down the post and was fired for not reporting for work that the WSIB had determined was suitable and available.

CHARTING A COURSE Navigating return-to-work (RTW) requirements under workers’ compensation and human rights legislation is no simple task. Ryan Conlin, a partner at SBH Management Lawyers in Toronto, Heather Hettiarachchi, an associate at Clark Wilson LLP in Vancouver, and Kenneth MacLean, a partner at Boyne Clarke LLP in Dartmouth, Nova Scotia, offer some tips: UÊ An employer must document what duties and modifications were considered, says Conlin. “It may be months or even years” before an employer offers evidence before a tribunal, and proper documentation will be of assistance. UÊ Hettiarachchi recommends that an employer involve the worker in RTW discussions from the outset. “After all, it is the employee who needs the accommodation,” she says. UÊ A written RTW plan should be available and carefully monitored, Hettiarachchi advises, since modifications may be required as the plan is rolled out. UÊ MacLean urges stakeholders to be mindful that workers’ compensation rulings can carry weight in human rights proceedings. He reports that his firm has had success in using prior workers’ comp decisions to argue that a worker is not disabled or that he is not cooperating reasonably.

Boyce brought his case to the tribunal shortly thereafter and also continues to pursue his claim through the WSIB. In his ruling, Cook identifies three primary issues: s Had the WSIB already appropriately dealt with the substance of Boyce’s complaint? s Was the tribunal case an abuse of process? s Did TCHC discriminate against Boyce by failing to accommodate to the point of undue hardship? To the first question, Cook ultimately answered no. In particular, neither TCHC nor a WSIB claims adjudicator followed up on the possibility of providing Boyce special permission to park at the downtown location. On the second issue, TCHC argued that Boyce was attempting to appeal the claims adjudicator’s decision to the human rights tribunal rather than following the appropriate WSIB channels. Cook rejected the charge, again citing the failure to investigate the substance of Boyce’s complaint. On the final question, TCHC did not accommodate to the point of undue hardship because of the parking issue and because it “failed to properly consider” Boyce’s request to perform a parking administrator job at an alternate location. In a recent interim decision, Cook notes the parties have been asked to prepare submissions on possible remedies. JURISDICTIONAL DANCE Interplay between human rights codes and workers’ compensation laws is also an issue elsewhere in the country. For example, it is not uncommon for injured workers to contest WorkSafeBC decisions and also file complaints with the British Columbia Human Rights Tribunal, reports Heather Hettiarachchi, an associate at Clark Wilson LLP in Vancouver. Unlike the Toronto case, however, claimants often also allege that they have “been discriminated against on the basis of one of the other grounds protected by the code,” Hettiarachchi points out. Under British Columbia’s Workers’ Compensation Act, she notes there is no defined limit on the number of accommodations that an employer must offer to a returning worker. Hettiarachchi advises employers to take note of the undue hardship standard by considering “all reasonable alternatives,” such as if the worker can perform his existing job in a modified form, another existing job, or another job in a modified form. The worker, for his part, “has an obligation to co-operate actively and reasonably in this process.” MacLean says that it all comes down to undue hardship. “An employer is not generally obliged to continue to try and

accommodate an employee who is unreasonably refusing to cooperate,” he says. Cook notes that Ontario’s WSIA, in conjunction with WSIB policies, “creates a system that is compatible with the code-related duty to accommodate.” But Conlin points out that there are limits since the reemployment obligation under the WSIA only applies in certain circumstances, such as to a worker who has been continuously employed by the company for at least a year before the injury, and to an employer who regularly employs 20 or more staff. The code duty has no In Nova Scotia, such restrictions. In Nova Scotia, “where the employer claims that the accommoda“human rights tion will cause undue hardship, the legislation takes onus is on the employer to show adequate evidence of the detrimental impact on productivity, the operaprecedence in tion or the proﬁtability of the business,” WCB policy notes. the sense Both Hettiarachchi and Lunanthat it is not sky say that human rights codes ultimately trump workers’ compensalimited by the tion law. In Nova Scotia, MacLean explains, “human rights legislation application of takes precedence in the sense that it is not limited by the application of any other act.” any other act.” Given that Ontario employers always face the potential of having to meet the code’s undue hardship standard, the argument could be made that the WSIB should simply enforce the standard in every instance. In its policy on RTW services, Alberta’s WCB notes that there is no strict requirement for employers to rehire injured workers. However, it cautions, “human rights legislation applies to workers’ compensation situations in the same way as other disabilities.” Lunansky, who says she has seen injured workers returned to less than ideal conditions, argues that employers must be held to the higher human rights accommodation standard. She says her hope is that employers will take “that extra step” beyond the injury and consider issues such as noncompensable medical problems and family scheduling as part of accommodation efforts. Dan Birch is assistant editor of

OHS CANADA.

www.ohscanada.com

DECEMBER 2010

ANNUAL INDEX 2010 Accident Prevention Air It Out April/May ..............................40

Boom Town January/February ..................42

Chill Out December ..............................42

Dig It March.....................................48

Here Comes the Sun July/August ............................50

Mind’s Eye September ..............................30

Need a Lift? June ........................................38

Smooth Operator October/November ...............44

How to avoid the risk of walls crumbling down By John Evans January/February ..................18

How to prevent health from affecting safety By Dan Birch September ..............................27

Putting a stop to harm on the farm By Emily Landau June ........................................20

Aviation Flying Blind By Emily Landau September ..............................44

Plane windows open up opportunity for safe egress By Emily Landau October/November ...............20

Chemicals Beauty Treatment By Angela Stelmakowich December ..............................30

Switch It Up By Angela Stelmakowich September ..............................38

Tracking to keep on the right track with chemicals By Jason Contant October/November ...............18

Workplace to Cradle By Jean Lian March.....................................58

Enforcement & Prosecution

Agency offers clear path to improved risk management

Chemical mishap at juice plant spurs $75,000 ﬁne

By Jason Contant April/May ..............................17

Bosses resist putting vacate into vacation By Angela Stelmakowich December ..............................23

Firm ﬁnancial grasp offers a hold on productivity By Angela Stelmakowich July/August ............................19

Integration central to reducing absenteeism

Keeping Holly Jolly’s visit safe for all By Simon Yau December ..............................20

One-third of companies shy away from hiring disabled By Jason Contant March.....................................24

Pretty in pink? No need to be colour-shy By Michael Power September ..............................26

Workers need to take care around the big, bad weed By Angela Stelmakowich October/November ...............20

Emergency Preparedness & Response A little TLC for man’s best friend By Emily Landau April/May ..............................18

Being prepared and calm at the worst of times By Angela Stelmakowich December ..............................22

Deﬁbrillators a jolt to cardiac survival rates By Dan Birch July/August ............................20

Grain collapse spurs long, but successful, rescue

Construction Built to Last? By Angela Stelmakowich April/May ..............................22

Construction blitz seeks to uncover workplace hazards By Emily Landau July/August ............................22

By Jason Contant June ........................................18

Materials matter when it comes to ﬁghting ﬁres By Dan Birch March.....................................22

Staying on the safe side of what if? By Angela Stelmakowich January/February ..................19

DECEMBER 2010

OHS CANADA

By Dan Birch October/November ...............18

Dispatches

By Emily Landau July/August ............................18

Agriculture

Workers in Quebec, Ontario all shook up

By Angela Stelmakowich July/August ............................23

Criminal negligence charges against pilot dropped By Jason Contant March.....................................22

Failure to comply may prove expensive By Jason Contant July/August ............................18

Following the health and safety money trail By Rosie Lombardi March.....................................23

Resort operator rejects ﬁnding of foreseeability By Emily Landau June ........................................18

Worker death spurs both criminal, oh&s charges By Emily Landau April/May ..............................16

Ergonomics & Musculoskeletal Injuries A Dire Sit-uation By Emily Landau March.....................................60

Adjustable surfaces curb unsafe ups and downs By Caitlin Crawshaw October/November ...............21

Avoiding the Shakes By Emily Landau September ..............................36

Back to Basics By Rosie Lombardi March.....................................40

Getting some help to ease that pain in the neck By Emily Landau September ..............................26

Lifting the Yoke on Youth By Jean Lian January/February ..................48

Health Care Gloves help to stem the risk of needlestick injuries By Emily Landau December ..............................20

Take Care By Emily Landau December ..............................36

Legal Matters A Firm Footing on Change By Dan Birch March.....................................50

A Matter of Respect By Angela Stelmakowich October/November ...............52

Court Adjourned By Emily Landau April/May ..............................46

Know Your Surroundings By Dan Birch January/February ..................44

Laid-off injured worker claims discrimination By Emily Landau October/November ...............20

Rights and Wrongs By Dan Birch December ..............................50

Seeing the Possibilities By Emily Landau October/November ...............50

Should he stay or should he go? By Emily Landau October/November ...............19

Work refusal ruling seen as substantial victory By Dan Birch July/August ............................19

Learning Disorders On Target By William M. Glenn January/February ..................20

Mental Health & Wellness Anxious Moments By Emily Landau June ........................................32

Deep Down By Angela Stelmakowich January/February ..................30

Don’t get weighed down by too much this or that By Angela Stelmakowich April/May ..............................20

Job authority comes with some ups, some downs By Jason Contant January/February ..................16

Little positive about being overloaded By Emily Landau April/May ..............................21

Mental health leaves twice the cost of physical By Jason Contant December ..............................21

Raising the healthy eating IQ with smart food By John Semley December ..............................22

Workplaces well-positioned to give wellness some heart By Dan Birch December ..............................21

Migrant Labour A Strange Land By Angela Stelmakowich March.....................................34

Natural Resources Avoiding Pitfalls By Lawrence Cummer June ........................................28

Message to ﬁshers: better catch on to safety By Angela Stelmakowich & Jean Lian January/February ..................17

Out of the Woods? By Donalee Moulton July/August ............................30

Sea Change By Donalee Moulton January/February ..................36

Noise Chemicals can compound potential for hearing loss By Trisha Richards January/February ..................17

Up to Hear By Angela Stelmakowich January/February ..................46

Occupational Exposures Invisible Touch By Jason Contant June ........................................22

Not Yesterday’s Problem By William M. Glenn October/November ...............30

Small Talk By Emily Landau April/May ..............................48

Under the Radar By Jason Contant July/August ............................48

OH&S Education An Education By Astrid Van Den Broek January/February ..................26

The Social Network By Donalee Moulton December ..............................26

OH&S Incentives Money for Something By Dan Birch October/November ...............38

Tool measures beneﬁts, costs of oh&s interventions By Jason Contant July/August ............................23

Police Mounties up North to march two by two By Donalee Moulton April/May ..............................20

New test now a must for police recruits By Jason Contant January/February ..................18

Police chief nixes on-duty workout time By Jason Contant March.....................................21

Rules clarify TASER use, beef up training By Dan Birch June ........................................19

Rehabilitation Trauma Centre By Dan Birch April/May ..............................28

Road Safety Dodging Bullets By Astrid Van Den Broek July/August ............................24

New trafﬁc control rules in coming year By Jason Contant September ..............................28

Safer roads a must to protect cycling workers By Regan Ray March.....................................20

Safety beneﬁts of a virtual buddy at the wheel By Simon Yau April/May ..............................16

Safety Disconnect By Angela Stelmakowich July/August ............................36

Think ahead, be cautious and slow it down By Angela Stelmakowich March.....................................22

We have the technology to rev up road safety By Angela Stelmakowich September ..............................27

Safety Gear Avoiding the Fall By Jason Contant December ..............................46

Eye Spy Safety By Angela Stelmakowich October/November ...............46

From Bottom to Top By Jason Contant January/February ..................50

Hot and Bothered By Jason Contant September ..............................32

Hunt and Gather By Jason Contant April/May ..............................422

Lock Down on Safety By Jason Contant March.....................................52

Serve and Detect By Jason Contant June ........................................42

Wash & Care By Emily Landau July/August ............................44

Social Media A New Conversation By Dan Birch March.....................................26

Technology In a workplace far, far away By Simon Yau July/August ............................20

Laptops clearly not cut out for the lap of luxury By Rosie Lombardi January/February ..................16

Pinpoint accuracy on track to bolster worker safety By Angela Stelmakowich April/May ..............................17

Utility Locates Waiting for Answers By Dan Birch September ..............................50

Violence A Safe Zone By Jean Lian April/May ..............................34

Workers’ Compensation A Deadly Peak By Jean Lian March.....................................56

Behind the Trade By Emily Landau July/August ............................52

Good deeds demand equally good policy By Caitlin Crawshaw June ........................................19

On Again, Off Again By Jason Contant October/November ...............24

Pinpointing Recovery By Dan Birch December ..............................44

Presumptive blanket to cover more Ontario ﬁreﬁghters By Dan Birch January/February ..................19

Province offers answers to coverage questions By Dan Birch & Jason Contant March.....................................20

The Long and Short of It By Dan Birch June ........................................40

Young Workers Students expected to soon hit the safety books By Jason Contant July/August ............................22

Young at heart, strong in voice By John Semley September ..............................28

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TIME OUT

STRAIGHT SHOOTER: A British Columbia logger is probably thanking his lucky stars that he can perform under pressure. A good eye, a strong arm and a whole lot of nerve came in handy when the logger stared down a charging black bear, with a rock the size of his hand as the only weapon in his paltry arsenal. The direct hit right between the bear’s eyes stunned the animal and provided enough time for the logger to make good his escape, CBC News reported in September. The worker had been assessing a wooded area when he came upon the bear. He tried to make noise by yelling and clapping his hands over his head, but to no avail. Trying to reach his truck or outrun the speedy omnivore did not look to be viable options, so this David grabbed the rock and let it fly. The logger reports not knowing what happened to Goliath, since he high-tailed it out of there. BIRD’S-EYE VIEW: This hawk is no birdbrain. A family of hawks that set up house in a Calgary neighbourhood last summer made it clear that the local mail carrier was not welcome. One hawk took to nose-diving in full attack mode to dissuade any such visits, CBC News reported in September. The attacks were sufficient to prompt the worker to don a bicycle helmet for protection. But the bird persisted, causing Canada Post to temporarily suspend mail service until the migratory urge motivated the hawks to fly the coop.

managing to break a few ﬁngers on his attacker’s hand. Police broke up the tussle, and the assailant was taken to hospital for treatment and a mental health evaluation. The outcome was a little clearer for two off-duty male employees of the Six Flags Great America theme park in Gurnee, Illinois who repeatedly punched a female worker dressed as Porky Pig. The male workers, 19 and 20, were issued local ordinance citations for battery, the Sun-Times Media Wire reports. Police say mascots are the targets of attacks once or twice a year.

DRESS GOAD: A Vancouver bartender is none too pleased with a dress code that she argues is discriminatory on the basis of gender. In September, The Canadian Press reported the bartender for the Shark Club restaurant near Vancouver had ﬁled a human rights complaint because she was required to wear short skirts, high heels and revealing shirts. In her complaint to the BC Human Rights Tribunal, she claims the forced dress code resulted in her being inappropriately propositioned by customers. The club and its parent company ﬁled an application to dismiss the complaint, but that request was declined. The tribunal notes that “allegations about different treatment and expectations of male and female employees, including sexually dressed code requirements, if proven, could amount to sex discrimination.”

BOOZE CAN: Not once, not twice, but three times over SPEED SCHEME: A Chinese lorry operator opted to the last five years Halifax mayor Peter Kelly has issued a warnforego the inch and, instead, take a mile when he rigged his licence plate to avoid speeding tickets. The driver invested the time, cash and brainpower to fashion a controlling device that, at the press of a button, rotated the plate downward. The positioning eliminates any possibility that the plate number can be read when passing a speed checkpoint, the Chutian Metropolis News reported in September. The ruse was discovered when a police officer noticed the speeding lorry, but could not read its plate. He radioed ahead and fellow officers pulled over the vehicle at the next traffic junction. The nifty device was confiscated and the operator fined.

DRESSED DOWN: Crime should never be quite so obvious. A woman in Barrie, Ontario was applying for a job at a store (so far, so good), but was smartly dressed in clothes that she had stolen from the same business the day before (not so good). The Canadian Press reported in July that the woman dropped off her resume before making off with another round of stolen items (perhaps for the anticipated interview). Tracking down the 40-year-old was hardly a stretch — police just used information from her resume (d’oh). She faces two counts of theft under $5,000. NO TICKLES: A Florida man had a decidedly skewed view of “fun” when he attacked another man dressed up as Elmo, the Sesame Street character. Elmo had been hired for a children’s event, but that did not stop the attacker from throwing repeated punches, the Toronto edition of Metro reported in September. The plucky red monster offered a solid defence,

DECEMBER 2010

OHS CANADA

ing that a small number of city councillors should ease up on the “party-hearty” approach to public service. The Globe and Mail reported in July that all councillors were recently reminded in a memo that excessive drinking, leading to potentially impaired driving, are not options — ever. Offenders doing so should be reported. The behaviour has not gone unnoticed, with the mayor saying that he has been approached by council members, city staff and members of the public.

SPRY GUY: It is said that work can deﬁne an individual. Consider, then, the deﬁnition of a 95-year-old employee of a U.S. Postal Service centre in California who just recently decided to call it quits. The man, with the service for 37 years, was believed to be the oldest postal worker in the country, The Associated Press reported in June. But it seems he is now more interested in kicking back and travelling the world with his son — that is, once said son, 59, retires. The idea may not be so far-fetched, considering that the recent retiree had never called in sick over his almost four decades at the centre.

PORK IN THE ROAD: Things went hog-wild on a Toronto-area highway in early October when a truck carrying about 230 swine overturned, snarling trafﬁc for hours. The 26-year-old operator of the speeding tractor-trailer escaped serious injury when his rig rolled on the ramp from Highway 427 to the Gardiner Expressway at 4:30 am, the Toronto Star reported at the time. The mishap unleashed some of the live cargo, but the pigs were quickly corralled. The operator was charged with careless driving.

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