OHS November December 2015 by Annex Business Media

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 N OVE MBE R /DEC EM B ER 2015

C A N A D A

The

Safety Effect

Publications Mail Agreement No. 43005526

Unions’ presence encourages reporting

cover NovDec2015.indd 1

INSIDIOUS UNDERCURRENT Preventing fatal electrical contact

IN THE BUD

Young-worker safety from a Canadian perspective

FITNESS FOR DUTY

Ruling sets limits on duty to accommodate

COLD COMFORT

Keeping outdoor workers warm and mobile

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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 FEATURES UN ION S AF ETY EF F EC T 24

Hand in Hand

CC A A NNA AD DA A

A recent study out of Toronto suggests that more robust injury-reporting processes in unionized workplaces may have a positive influence on job safety.

N O V E M B E R/ D E CE MBE R 2 0 1 5 Vo l u m e 3 1, Nu m b e r 6

BY JACOB STOLLER

ELEC TR IC AL HAZAR D S

On the Live Line

The presence of electricity poses a risk to many workers. A well-designed safety program and vigilance provide the best defence in keeping these hazards at bay.

BY DONALEE MOULTON

S HOW R EP ORT

24 Canadian Centre for Occupational Health and Safety president Steve Horvath shares Canada’s approach to nurturing a safety mindset among youths. BY JEAN LIAN

DEPARTMENTS 42

LAW F ILE

Put to the Test

A British Columbia Human Rights Tribunal decision, which ruled against a worker’s use of medical marijuana, draws a line on the duty to accommodate.

BY NORM KEITH

S AF ETY GEAR

The Big Chill

Apart from shielding outdoor workers from winter’s chill, cold-weather products need to protect without compromising movement and dexterity.

IN THIS ISSUE ED IT O R IA L

BY JEFF COTTRILL

PA N O R A MA

Out of Control

LET T ER S

New Face of Violence

O H&S U P D AT E

Nurse attacked in British Columbia hospital; Alberta union cites shoddy data; explosion kills Saskatchewan welder; accident claims construction worker in Ontario; New Brunswick launches privacy measures; and more.

Understanding de-escalation techniques and the circumstances that contribute to on-the-job violence can prevent a volatile situation from getting out of hand. TIM E OUT

Caffeine fix; push-ups behind the wheel; bearing down; wrong note; cat fight; and more.

D IS PAT C HES

P R O D U C T S HO W CAS E A D IN D EX

48 49

Fracking chemicals lower sperm count in mice; flu season beckons; tribunal dismisses complaint; and more.

AC C ID EN T P R EV EN TION

The safety of the people shall be the highest law. – MARCUS TULLIUS CICERO

www.ohscanada.com

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EDITORIAL

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

New Face of Violence T

he Paris massacre has received global attention and unleashed a worldwide outpouring of grief. The high death toll from six coordinated attacks directed at soft targets like restaurants, a stadium and a concert hall have stoked fears of similar attacks in other parts of the world. While much of the discussion and media reports on the Paris attacks have centred on public safety, fundamentalism and the refugee crisis in Europe, the fact that many of these targeted venues are also workplaces has eluded the spotlight. Consider the crew member who was killed in the Bataclan theatre while working for the band Eagles of Death Metal. The hostage-taking at Lindt Café in the heart of Sydney’s financial district last December, which led to the death of the café’s 34-year-old manager, is another example of how terrorism has become the latest addition to a host of occupational hazards that workers face today. Terror acts are the latest permutation of workplace violence — one that is among the hardest to pre-empt and contain. While we do not have a crystal ball to predict when and where the next attack might take place, some workplaces are more vulnerable than others. That includes businesses operating in locations with high human traffic, such as financial districts and high-rise buildings, and those in transportation (think trains and airlines), essential services (like electrical facilities and postal services) and high-value installations (which include power plants, oil refineries and military facilities). The types of businesses and their geographical reach are also influencing factors. Organizations working with western governments, multinational corporations operating in countries experiencing political turmoil and firms with access to security infrastructure, sensitive information and telecommunication networks are all vulnerable. We live in complicated times. As terrorism today has assumed a modus operandi that can be best described as decentralized and nimble, workplace-safety planning needs to be increasingly filtered through the lens of disaster management. That means oh&s policies and plans need to be reviewed and updated to reflect evolving hazards that can bring operations to a grinding halt, threaten employee safety and even result in massive loss of lives. While terror acts may be influenced by geopolitical developments that are beyond our control, companies can take concrete steps to prepare themselves for such eventualities. And that does not necessarily require a grand plan and prohibitive resources. For example, while it may not be feasible for all workplaces to scan for explosive devices and install metal detectors, having a sound firefighting plan and conducting routine drills to familiarize employees with evacuation routes are good response measures to prepare for an explosion or fire. For companies that require staff to travel overseas — especially in countries where foreigners are at risk of being kidnapped to serve as pawns for political gains — advising employees to monitor political developments in the destination country prior to travelling, providing tips for staying vigilant and avoiding situations that can put them in a vulnerable position when abroad are recommended practices. And being small does not mean being safe. The three food and beverage establishments that were targeted in Paris are all small businesses, but that did not keep them out of the bull’s-eye of terror. Having a sound and well-thought-out workplace-safety plan — and one that has been adapted to take into consideration terror acts as among occupational hazards — will influence how well a company stands up to an unforeseen attack and how quickly it recovers from it, both of which have a direct impact on business continuity.

C A N A D A

Vol. 31, No. 6 NOVEMBER/DECEMBER 2015

EDITOR JEAN LIAN jlian@ohscanada.com EDITOR

JEFF COTTRILL

CANADIAN OCCUPATIONAL HEALTH & SAFETY NEWS jcottrill@ohscanada.com

ART DIRECTOR

ANNE MIRON

PRINT PRODUCTION MANAGER

PHYLLIS WRIGHT

PRODUCTION MANAGER

GARY WHITE

MARKETING SPECIALIST

DIMITRY EPELBAUM

CIRCULATION MANAGER

DIANE RAKOFF drakoff@annexnewcom.ca

ASSOCIATE PUBLISHER

SHEILA HEMSLEY shemsley@ohscanada.com

PUBLISHER

PETER BOXER pboxer@ohscanada.com

PRESIDENT, ANNEX-NEWCOM LP

ALEX PAPANOU

EDITORIAL ADVISORY BOARD MEMBERS DAVID IRETON, Safety Professional, Brampton, Ont. AL JOHNSON, Vice President, Prevention Services WorkSafeBC, Richmond, 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 Annex-Newcom LP as to the absolute correctness or sufficiency of any representation contained in this publication.

OHS CANADA is published six times per year by Annex-Newcom LP, 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 and November/December.

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SINGLE COPIES: Canada: $6.00; USA: $8.00; foreign $10.00 Bulk subscription rates available on request. Indexed by Canadian Business Periodicals Inc. ISSN 0827-4576 OHS Canada (Print) • ISSN 1923-4279 OHS Canada (Online) 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: Circulation Customer Service: Silva Telian (Tel) 416-442-5600 ext. 3636; (Fax) 416-510-6875; (E-mail) stelian@annexnewcom.ca; (Mail) Privacy Officer, Annex-Newcom LP, 80 Valleybrook Drive, Toronto, ON M3B 2S9 Canada. 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 Canada Periodical Fund of the Department of Canadian Heritage.

Jean Lian

Publications mail agreement no. 43005526. Date of issue: NOVEMBER/DECEMBER 2015

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“Our partnership with the Public Services Health & Safety Association allows for JHSC training that is focused on the health & safety issues that our hospitals see. It is relevant training and PSHSA knows how to connect with our JHSC members to keep them engaged.” Steve Jamieson Safety Manager, Health, Safety and Wellness Hamilton Health Sciences

PSHSA sat down with Steve to discuss what makes a good JHSC and how PSHSA has built a successful partnership with Hamilton Health Sciences:

Q: How long have you worked with the Public

Services Health and Safety Association as your Health and Safety training partner? How is it a good fit?

A: Hamilton Health Sciences (HHS) originally worked

with OSACH in the early 2000s and have enlisted JHSC Certification training services of PSHSA since 2012. The service that PSHSA provides is excellent. A highly valued characteristic of the training is that it is delivered from PSHSA staff who have relevant health care experience and are able to connect with our members. We continue to hear from our members how in tune their staff are to our environment and are able to share relevant examples. It creates a great learning atmosphere.

Q: What is important for a good JHSC training program? How does PSHSA deliver?

A: PSHSA’s certification program provides all JHSC

members with a clear understanding of the OHSA, including how they fit in supporting the organization’s health and safety program and ways they can make an impact in supporting workers’ concerns. The different methods used to deliver the training keeps the members interested and engaged.

Q: What are emerging health and safety issues that

the JHSC are faced with and how does PSHSA assist?

A: As PSHSA is funded by the Ministry of Labour, they are consistently involved in discussions related to emerging health & safety issues and implementation plans of new legislation. Within the training sessions offered to us, PSHSA staff provide opportunities for us to discuss and better understand new issues that workers are raising to our Committee members. Through these discussions, our members gain tools to better assist them in identifying health and safety issues and methods to support our workers.

Q: What sets PSHSA apart from other training vendors? How can we do better?

A: PSHSA’s knowledge of health care settings and focused training geared to our challenges is the difference for us. They tailor the training to include our practices and processes which greatly helps everyone understand their role. Our members immediately are engaged in the training offered as PSHSA staff have practical experience within our settings which provides insight to the challenges our hospitals see.

The JHSC Standard is Changing. Learn More: pshsa.ca/jhsc

Bundle Cert 1 & 2 and save. Call 1-877-250-7444 to register and talk to a Regional Consultant.

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100,000

The approximate number of temporary foreign workers in Ontario. With effect from November 20, the Employment Standards Act, 2000 allows individuals hired through temporary-help agencies to recover unpaid wages from both the agency and the agency’s client-business.

Source: Ontario Ministry of Labour

2 4

610

3 1. Call Me AgSafe: The Farm and Ranch Safety and Health Association (FARSHA) is now known as AgSafe.

The name change was made to better reflect the work that the organization does and the community it serves. Launched in 1993, the association has been the authority on workplace safety in British Columbia’s agriculture industry.

The number of agricultural workers who were seriously injured in British Columbia between 2010 and 2014. Source: WorkSafeBC

Source: AgSafe

2. Scoring a First: A new legislation tabled in the Alberta Legislature on November 17 could see 60,000 farm and ranch workers having the same basic protections that other workers in the province have received for decades. If approved, Bill 6 or the Enhanced Protection for Farm and Ranch Workers Act, will effect changes that include subjecting farms and ranches to oh&s legislation, giving farmers workers’ compensation coverage and putting farm and ranches under the Employment Standards and Labour Relations legislation. Source: Ministry of Jobs, Skills, Training and Labour

Top Honours: Vancouver Airport Authority bagged the top award at the annual Canada’s Safest Employers awards ceremony, held in Toronto on October 28. Canada’s Best Health + Safety Culture Award (Gold) is a new accolade that recognizes the company with the country’s strongest safety culture in the workplace, community Source: Workplace Safety and Prevention Services and other areas of influence.

4. No

Child’s Play: An elementary school in Halifax was evacuated on October 6 after receiving a bomb threat. Officers searched the school property of École John W. MacLeod with the help of its canine unit. Students Source: Halifax Regional Police and staff were allowed to return to the school after police found nothing suspicious. Registry Goes Online: Since October 30, workers, employers and safety officers in Newfoundland and Labrador can access up-to-date certification training records stored in a new, online Certification Training Registry through a smartphone or web-enabled device. Workers and employers can receive alerts when training is about to expire, enabling them to ensure compliance on required training.

Source: WorkplaceNL

360° 6

TRAIN DERAILMENT CLAIMS A DOZEN A train carrying around 300 passengers derailed in a remote area of southwestern Pakistan on November 17, killing 16 people, including the train driver, and injuring more than 100. The accident took place near the village of Abe Ghum as the train was en route to Rawalpindi from Quetta. A railway official said a technical fault in the engine had caused the accident. Source: Agence France-Presse

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99 %

Percentage of employers in Newfoundland and Labrador who will see their 2016 assessment rates decrease or stay the same, effective January 1. The lower assessment rates coincide with record-low injury rates. Source: WorkplaceNL

50 or more

Organizations in Ontario with this number of employees must comply with 11 new requirements under the Integrated Accessibility Standards Regulation starting on January 1. Changes include advising job applicants that the firm will accommodate disabilities and having a written process for developing documented individual-accommodation plans for employees with disabilities. Source: Accessibility for Ontarians with Disabilities Act

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LETTERS

Recent issues of ohs canada and our website, www.ohscanada.com, have provided readers with plenty to chew on. BOARD ACCUSED OF INTERFERENCE The Workplace Safety and Insurance Board (WSIB) ignores medical professionals’ recommendations, a report finds. (canadian occupational health & safety news (cohsn), November 10, 2015) After six back surgeries and doctors filing reports, we had to hire a lawyer for my son to get minimal benefits. They put him through hell for years. As parents, they put us through hell as well. It was unbelievable what they did. I would pay to see the people who orchestrated this pay for their callous actions.

PACKAGE PROMPTS EVACUATION The airport in Fort McMurray, Alberta was evacuated as a precaution following a report of a suspicious package. (the canadian press, November 3, 2015) Everyone gets paranoid if they see a box sitting all by itself. When are people going to start being realistic? This incident is costing probably hundreds of thousands of dollars. I guess I could walk downtown, place a box on the sidewalk, walk away and the downtown core gets shut down. Everyone, including the police, are way out of line with “packages”. Dan Nickason

V. Moore

DOCTOR SUES OVER FRAUD CLAIMS

I have exactly that problem with WSIB. Their specialist and my doctor said no more mining, no vibration [and] wet or cold environment, I have three different things wrong with my hands and feet, and to top it off, I have musculoskeletal problems all from excessive vibration. Eight months of running around — can’t get much help. The Ontario workers’ advisors are so busy with WSIB cases, they put me on a two-month waiting list.

An Ontario doctor has filed a wrongfuldismissal lawsuit against the WSIB and her former employer. (cohsn, September 29, 2015)

Dennis Ruff

Sarah

REPORT EXPOSES ABUSES A report says temporary foreign workers in Canada’s agriculture sector often face abuses. (cohsn, November 3, 2015) I agree with all the recommendations except the pathway to permanent residence. I am not sure what exactly that pathway would be. Everyone wishing to live in Canada, and presumably to become Canadian citizens, should have to go through the same immigration process as everyone else. A temporary worker is a temporary worker. Janice

NOVEMBER/DECEMBER 2015

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I hope we don’t come to find out she won wrongful dismissal, but all allegations against WSIB and Workplace Health & Cost Solutions were struck from the records. This should launch a serious investigation — “should” being the key word.

ANOTHER NURSE ASSAULTED A nurses’ union says security is insufficient after another nurse was beaten by a patient at the Royal Ottawa Mental Health Centre on September 10. (cohsn, September 29, 2015) Do these employers realize that a violent attack on a person will forever affect that individual? It will affect the way they care for their clients after a violent incident — not just the offender, but all clients. It will affect all of her personal relationships; it will affect her self-worth forever…

A staff [member] has been traumatized, physically and emotionally, and will carry these scars for the rest of her life, and so will their spouses, children, etc. The victim will forever be changed. Personal protection alarms are useless — by the time a team arrives, the damage is done. It takes five seconds to break or slice open a neck. Quit the cop-outs and provide a safe work environment for your staff. Saskkat

CONSTRUCTION FATALITY PROBED Alberta is investigating the death of a construction worker who was buried under a collapsed sewer trench in Edmonton on April 28. (cohsn, May 5, 2015) I don’t believe it was an accident as much as neglect of issues around the site. The back alley behind the homes had a huge divot in the road that looked like either a collapsed pipe or possibly the start of a sinkhole. I called the city to complain about the huge divot. I was told by a local business that the hole had been getting deeper since spring and that it was covered up by a piece of plywood, most likely from the construction site. It was removed when the wood split. I personally called the city on April 27, 2015 to complain about the road and what to me was either a collapsed pipe or the start of a sinkhole. I was told by the city they would look at it, the time frame between three to six weeks. I did express it did not look good. I took pictures — not sure how good they are — and have the event number from my call. I very much doubt the city will fix my car, as they are self-insured. Eileen Follow us on Twitter @OHSCanada

Would you like to share a comment? Send an email to jlian@ohscanada.com. Letters may be edited for style, grammar and length.

ohs canada

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OH&S UPDATE

WHEEL MOVEMENT CITED FEDERAL — Excessive “truck hunting”, or

the side-to-side movement of wheel sets on train cars, caused the derailment of a freight train near Brockville, Ontario last year, according to a report from the Transportation Safety Board of Canada (TSB) released on November 5. On July 10, 2014 at about 4:10 a.m., the train was heading east at approximately 96 kilometres per hour when 26 cars derailed, including 13 tank cars carrying aviation fuel residue. No one was injured in the incident, but some of the fuel residue was released. The truck hunting had occurred on an empty 80foot long centre-beam bulkhead flat car. According to the TSB investigation, the speed of the train and the constant contact side bearings had contributed to the extremity of the wheel movement. “If constant contact side bearings with inadequate pre-load force and ineffective damping cannot be identified, trucks that have the potential for excessive hunting will remain in service, increasing the risk of wheel climb or wheel lift events,” the report cautions. “If the new tank-car standards are not fully implemented in a timely manner, there is an increased risk of product loss when tank cars carrying flammable liquids are involved in a derailment,” the TSB adds, referring to Class 111 tank cars, which are notoriously inadequate for carrying dangerous goods.

AIRCRAFT PHOTOS RELEASED FEDERAL — The Transportation Safety Board of Canada (TSB) has documented and recorded all of the structural damage of the Air Canada Airbus A320-200 plane that crash-landed at the Halifax Stanfield International Airport in March. The TSB subsequently returned the aircraft to Air Canada’s insurer. In an announcement on its website dated September 29, the Board published 14 photographs of the plane on the ground following the incident. The images showed extensive damage to the plane’s right wing, nose and interior floor.

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“Examination of the aircraft revealed that the right-side cabin floor in seat rows 31 and 33 and the floor adjacent to the flight-attendant fold-down seat near the rear of the cabin were punctured from below by aircraft structure,” the TSB says. The Board’s next steps in the investigation include recreating the accident flight profile, evaluating the crew’s training and experience and conducting more interviews.

TRIBUNAL TO HEAR COMPLAINT FERNIE — The British Columbia Human

Rights Tribunal (BCHRT) has agreed to hear a complaint against a Tim Hortons location in a case that the United Steelworkers (USW) originally filed on behalf of Filipino employees of the coffee shop in December 2013. The union accused the employer of racial discrimination, specifically by denying overtime premiums to the workers, scheduling them for “less desirable” work shifts and threatening them with deportation, according to a case document available on the BCHRT website. The USW also accused the restaurant owners, Pierre Joseph Pelletier and Kristin Hovind-Pelletier, of requiring six of the workers to rent overpriced and “substandard” accommodations in a house that Pierre Pelletier had provided. The workers had been employed through the Temporary Foreign Worker Program since 2009, the BCHRT says. The Tribunal’s recent decision to deal with the complaint follows its dismissal of an application by Tim Hortons to throw out the complaint, stating that the franchise should not be held responsible for the behaviour of one store.

NURSE ATTACKED IN HOSPITAL COQUITLAM — The B.C. Nurses’ Union (BCNU) is calling for increased worker protection at a hospital in Coquitlam, after a male nurse was attacked while trying to de-escalate an argument between two patients on October 26. According to a press release from the BCNU dated October 28, the incident

occurred in the maximum-security unit at the Forensic Psychiatric Hospital. One of the patients “sucker-punched” the nurse who was trying to break up the scuffle. The victim received emergency treatment and was sent home to recover. The RCMP was notified of the attack. “This is another horrendous example of why BCNU is taking on this issue,” union president Gayle Duteil says in a statement about the incident. There were 13 reported incidents of violence against staff at the Coquitlam hospital in September alone, according to the BCNU. The Forensic Psychiatric Hospital is one of four high-risk healthcare facilities in British Columbia that were chosen earlier this year to receive a collective $2 million in funding from the provincial government and the BCNU to improve security and reduce occupational violence. Provincial health minister Terry Lake announced in August that the Coquitlam hospital would receive financial assistance to improve its distress system, orientation and training and to hire a coordinator for mentorship regarding violence prevention. The other three facilities selected to receive funding were Victoria’s Seven Oaks Tertiary Mental Health, Kamloops’ Hillside Centre and the Abbotsford Regional Hospital. All of these facilities specialize in patients with severe mentalhealth issues, some of whom also have a history of violence. On October 21, BCNU launched a phone hotline for healthcare employees to call in the event of patient violence. “Nurses often need support after they have been assaulted,” Duteil says in a BCNU statement. In addition to the physical injuries they may suffer, there can be significant long-term psychological impacts, including post-traumatic stress disorder, the statement adds. “Many nurses who are trying to provide safe patient care continue to face the threat of violence every day,” Duteil says. “We look forward to further collaboration with the Ministry of Health in making other worksites safer.” On December 4 of last year, WorkSafeBC fined the Forensic Psychiatric Hospital $75,000 for multiple previous health and safety violations.

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SAFETY ISSUES IN “NO-GO ZONES”: UNION BURNABY — Safety issues in British Columbia’s social-worker sector have resulted in “no-go zones” throughout the province that Aboriginal child, youth and family workers avoid, according to a report from the B.C. Government and Service Employees’ Union (BCGEU). Published on October 8, Closing the Circle: A Case for Reinvesting in Aboriginal Child, Youth and Family Services in British Columbia focuses on issues concerning the Aboriginal child-welfare system in the province. One section of the 31page report identifies occupational risks that social workers face when visiting certain communities, usually in isolated areas or in dodgy inner-city neighbourhoods like the east side of Vancouver. “There are remote areas of the province where the government isn’t particularly welcome, and social workers have experienced significant health and safety threats,” says Doug Kinna, vice president of BCGEU’s social-information and health component. “They are afraid to go into these areas without police protection.” The report lists four oh&s issues that Aboriginal-community social workers with the Ministry of Children and Family Development (MCFD) face: exposure to violence from high-risk clients without sufficient protocol or backup; travel to isolated areas with inadequate communication; risks commonly associated with lone work; and risks relating to small communities where clients and workers may know each other. Kinna explains that Aboriginal residents of these areas are often suspicious and distrustful of government employees and assume that the workers are coming to take their children away. “There are huge poverty issues there,” he notes. “Life has kicked them really hard, and they are pretty desperate.”

SOLDIER HURT IN TRAINING WAINRIGHT — A male soldier with the Ca-

nadian Armed Forces (CAF) was injured in a training accident at the army’s Wainwright, Alberta base on October 19. A CAF statement says the incident occurred during nighttime live-fire training. The victim was sent to a local hospital for immediate treatment before being transferred to another hospital in Edmonton. “They were using live rounds,” says Fraser Logan, media-operations officer with the CAF’s 3rd Canadian Division. Logan adds that the victim was a member of the third battalion of Princess Patricia’s Canadian Light Infantry in Edmonton. The CAF’s National Investigative Service, an arm of the military police unit, is investigating the incident. At the moment, police are treating the soldier’s injury as a training accident and do not suspect any foul play, the CAF statement notes. Logan explains that the case could potentially reach a military Board of In-

Stephanie Cadieux, the Minister of Children and Family Development, issued a statement about the report following its release. “I look forward to speaking with the union about this report and their observations,” Cadieux says. “We will take the time we need as a ministry to review their recommendations from Closing the Circle in the context of the other work currently underway.” Kinna criticizes the ministry’s past suggestions for safety solutions as ineffective. “MCFD insists there is no such thing as a no-go zone. But they are not properly addressing the issue; they are saying we should keep people safe by cell phones and sat[ellite] phones in remote areas,” he says. “A cell phone or sat phone doesn’t really do any good if you are beat up and you can’t make the call.” Kinna cites a past incident in Campbell River, where a visiting social worker was beaten by a client. Fortunately, the worker managed to dial 9-1-1 in time. The Ministry also advises social workers to attend calls in pairs — a solution that would work if it were not for severe understaffing, Kinna points out. An ideal situation, he suggests, would be one worker at the door and a back-up waiting by the sidewalk. No-go zones had been deemed a problem in a previous report from Mary Ellen Turpel-Lafond, the British Columbia representative for Children and Youth. This report, Lost in the Shadows: How a Lack of Help Meant a Loss of Hope for One First Nations Girl, examined how a deeply flawed child-protection system had contributed to the suicide of a 14-year-old. “They need to work out some protocols in remote areas in the province to ensure that social workers are safe,” Kinna says. “It is dangerous.” — By Jeff Cottrill

quiry if it has to be reinvestigated. “Its sole job is to investigate every detail and figure out what happened that led to this and what could we do to make sure this never happens again,” he says about the Board. “It is an internal investigation meant so we do our jobs better. Was it the system that went wrong? Was it something that the member did? Those sorts of things are looked at.” Brigadier-General Wayne Eyre, commander of the 3rd Canadian Division and Joint Task Force West, stresses the necessity of using live rounds in training exercises. “Safely conducted livefire training is essential for ensuring our soldiers are ready for operations around the world,” Eyre says. “The Canadian Armed Forces takes training accidents extremely seriously, and this incident is being fully investigated in order to reduce future risk.” Logan says these accidents are rare in army training, even when live fire is used. “We try to get as close as we can to the real thing, as safely as possible.”

EXPLOSION CLAIMS WELDER MELFORT — A teenage worker was killed

by an explosion that occurred at his worksite about two kilometres south of Kinistino, Saskatchewan on November 3. A statement from the Melfort, Saskatchewan detachment of the RCMP states that the 19-year-old male victim was performing welding work at the time of the incident. “He was cutting open a barrel with — I think it is called an oxyacetylene torch,” says Constable Lorne Bennett of the Melfort RCMP. The barrel contained a type of spray foam, “and they all believed it was water-based, and it exploded. He was cutting the barrel, and boom.” The worker was pronounced dead at the scene. Police determined that there was nothing suspicious or criminal about the fatality. The occupational health and safety division of Saskatchewan’s Ministry of Labour Relations and Workplace Safety

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OUTDATED DATA USED IN TEMPORARY FOREIGN WORKER PROGRAM EDMONTON — The wage data used by Alberta government

officials to determine which Temporary Foreign Worker Program (TFWP) applications to approve are deeply flawed, according to documents uncovered by the Alberta Federation of Labour (AFL). A statement issued on October 8 by the AFL in Edmonton reports that businesses seeking approval to hire workers through the TFWP must first prove that they are paying wages appropriate to their local labour market. The documents listing prevailing wage rates in regions across the country in 11 different occupations from 2009 to 2014 — recently obtained and verified by the AFL under a Freedom of Information request — show that permits were issued based on data that were sometimes eight years out of date from diverse and non-comparable data sources. “The decision to let a business bring in a temporary foreign worker is a decision to let them pass over any Canadian who might want that job. It is a decision that can harm careers, can hurt families and can wreck lives,” AFL secretary treasurer and acting president Siobhán Vipond says. “If you are making a decision with those kinds of real-world

consequences, you need to base your decision on good information. It is clear from these documents that approvals have been made on badly outdated information at best and complete nonsense at worst.” According to government regulations, a business must be approved for a Labour Market Impact Assessment (LMIA) or Labour Market Opinion (LMO) before it is allowed to hire through the TFWP. These assessments are meant to ensure that businesses hire qualified Canadian workers. The wage documents indicate that some LMIAs and LMOs were issued based on information from Labour Force Surveys from 2010 to 2012, while others were based on Employment Insurance numbers in 2006. In some instances, the 2001 census was cited as the source of the data. In many cases, no data source was cited. The 11 National Occupation Codes that the AFL examined include machinists and machining and tooling inspectors, tool and die makers, industrial electricians, power-system electricians, plumbers, steamfitters, pipefitters, sprinkler-system installers and welders. — By Jean Lian

sent representatives to investigate the scene. A ministry spokesperson says the accident did not involve an employer-employee relationship — meaning that the incident was outside of the oh&s department’s mandate and the ministry did not have the authority to investigate it.

personnel at the scene. Staff Sergeant Slawson confirms that no one else was injured or killed in the accident. A section of Highway 56 was closed for several hours for investigation.

CONSTRUCTION WORKER KILLED

REGINA — The Regina Provincial Court has ordered a former heavy-equipment operator to serve a conditional sentence for defrauding the Saskatchewan Workers’ Compensation Board (WCB). A WCB statement issued on November 13 states that the worker pleaded guilty to returning to work while continuing to receive worker’s compensation as income replacement. The defendant received about $40,000 from the WCB while working, the statement estimates. As a result, the judge gave a 15-month conditional sentence to the worker, beginning with three months of house arrest. He also ordered the worker to pay back all of the money that he had received from the Board. “The WCB has a responsibility to safeguard the workers’ compensation system,” the statement says. “It relies on workers, employers and caregivers to accurately report injuries, employment activities, payroll and medical treatment.” The WCB also encourages the public to report suspected fraud via phone or e-mail.

REGINA — The RCMP and the Saskatch-

ewan Ministry of Labour Relations and Workplace Safety are investigating the death of a male construction worker just west of Fort Qu’Appelle on October 21. According to a statement from the Fort Qu’Appelle detachment of the RCMP, the 49-year-old worker was operating a compactor at a worksite on Highway 56 shortly before 6 p.m. that day when the incident happened. “They were repaving a section of the highway,” reports Staff Sergeant Randy Slawson, commander of the RCMP’s Fort Qu’Appelle detachment. “For reasons unknown to us so far, the compactor left the pavement, and it went into the ditch and eventually came to rest against a tree, and the tree pinned the driver of the compactor.” An emergency call brought representatives of the RCMP, the Ministry, Emergency Medical Services (EMS) and the local fire department to the scene. The worker was pronounced dead by EMS

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OPERATOR SENTENCED FOR FRAUD

HORTICULTURE FIRM FINED MELFORT — A horticulture and agriculture

company in Rivière-Du-Loup, Quebec has been fined $28,000 for violating workplace safety regulations at its Saskatchewan shipping yard. Premier Horticulture Ltd. was charged for an incident that occurred in October 2013, when two forklifts collided in the yard, seriously injuring one of the firm’s employees, according to a statement from the Saskatchewan Ministry of Labour Relations and Workplace Safety. The company pleaded guilty to one count of failing to develop and enforce a traffic-control plan for its work vehicles. The Ministry sentenced the firm to pay the fine on October 13, while dropping a second charge.

INFECTED WORKER LACKS TRAINING WINNIPEG — A supervisor with the Na-

tional Microbiology Laboratory (NML) in Winnipeg who was infected by one of the diseases that he was researching in 2012 had insufficient safety training at the time. A report from the Public Health Agency of Canada (PHAC) was one of several that the PHAC prepared about laboratory workers who contract the diseases with which they experiment. Syl-

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wia Krzyszton, senior advisor of media relations with the PHAC, confirms that the incident occurred. “The pathogen involved was a level 2 enteric pathogen,” Krzyszton says. “Level 2 enteric pathogens include E. coli and salmonella. Naming the specific pathogen would compromise the confidentiality of the person in question.” Krzyszton adds that the pathogens that researchers handle in the NML’s containment level 2 laboratories include those listed in Schedule 2 of the federal Human Pathogen and Toxins Act, which was consolidated in 2009 and last amended in June 2012. The list includes numerous bacteria, viruses, fungi and protozoa. “These types of pathogens pose a moderate individual risk and a low community risk, given treatments are available,” she notes. The incident occurred three years ago, and no employees have contracted any laboratory-acquired infections in the period since, Krzyszton reports. “Since then, all corrective measures have been taken, including enhanced training, monitoring and oversight.” The laboratory has since initiated a formal safety-training program that is mandatory for all employees and supervisors. The NML now closely supervises all new trainees until they pass the required training courses. “The supervisor completed the required training immediately following the incident,” says Krzyszton, referring to the worker who was infected in 2012. In addition, the NML has hired a training coordinator who provides information about specific training courses that individual employees need and identifies cases in which workers require retraining. “Audits take place on a regular basis to monitor adherence to improved practices,” Krzyszton adds.

numerous complaints from paramedics about how Toronto Paramedic Services (TPS) handled its staff’s operational-stress injuries (OSI). The Ombudsman encouraged TPS employees to tell their stories confidentially, according to a statement from July 2. “The investigation found that TPS has in place the elements of a comprehensive psychological-services program. However, those elements are insuffi-

ciently coordinated,” Crean writes in the report’s executive summary. “TPS is not immune from the societal stigma associated with mental illness. This stigma permeates most of our organizations and communities. In first-responder, paramilitary and military institutions, the stigma is exponentially more pervasive because of the added ‘suck it up’ attitude.” She adds that the stigma around OSI, coupled with the challenging work of

MORE SUPPORT FOR PARAMEDICS TORONTO — A new report by City of Toronto Ombudsman Fiona Crean concludes that the city’s paramedic service needs to offer more assistance to its workers who suffer from psychological stress and post-traumatic stress disorder. Published online on November 13, Making the Strong Stronger: An Investigation into How the Toronto Paramedic Services Address Staff Operational Stress Injuries is based on an investigation that Crean launched in June, after www.ohscanada.com N O V E M B E R / D E C E M B E R 2 0 1 5

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TPS paramedics and dispatchers, means that the TPS has the responsibility to continue making improvements. Crean’s 89-page report analyzes the history of the TPS, the components of its psychological support program and the perspectives of employees who have spoken to Crean. She offers 26 recommendations for improving the support systems for Toronto paramedics, which included the following: institute a psy-

chological health and wellness plan with better communication and coordination; offer suicide-intervention and -prevention training; provide an offsite location where paramedics can meet with a therapist confidentially and anonymously; and conduct a full review of the role and services of in-house psychologists and evaluate how compatible they are with the overall psychological health and wellness plan.

ACCIDENT CLAIMS WORKER PETERBOROUGH — An industrial accident

at a construction site in Peterborough, Ontario has killed a 56-year-old male worker during the ongoing expansion of the city’s Bensfort Landfill. The victim was an employee of Drain Brothers Excavating, a Norwood-based construction firm that the City of Peterborough had contracted to build the new trash pit. A falling pipe caused the worker’s death on the afternoon of November 10, according to information from the Ontario Provincial Police (OPP) and the Ontario Ministry of Labour (MOL). “I believe there had been one of the employees down there working with some heavy equipment, and I understand a piece of debris may have fallen from that equipment and killed the other worker,” says Constable Jason Folz, a media representative with the OPP’s Peterborough County detachment. The MOL was notified of the accident and dispatched an inspector to the worksite immediately. Janet Deline, an MOL communications representative, says two orders were issued to the employer, Drain Brothers Excavating Limited. “One order is to store and move material or equipment at a program in a manner that does not endanger a worker, and the other one is to provide documentation.” But the company was not ordered to stop work, she adds. According to Constable Folz, a coroner’s investigation is also ongoing. “We are assisting the coroner’s office with that investigation.”

BILL TACKLES SEXUAL HARASSMENT TORONTO — The proposed Sexual Vio-

lence and Harassment Action Plan Act, which the Government of Ontario introduced as a bill on October 27, includes a potential amendment to the province’s Occupational Health and Safety Act (OHSA) regarding inappropriate behaviour in workplaces. A backgrounder from the Ontario Women’s Directorate says the law, if passed, will require OHSA to define workplace sexual harassment specifically, enhance the requirements for workplace programs on harassment and give new duties to employers regarding protecting employees, such as proper investigation of all worker incidents and complaints.

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MENTAL-HEALTH FACILITY RIFE WITH VIOLENCE: UNION KINGSTON — The Ontario Public Service Employees Union

(OPSEU) announced on November 3 that it had filed an appeal with the Ontario Labour Relations Board to order Providence Care Mental Health Services in Kingston to improve security in an inpatient unit where attacks have been common. The appeal followed an inspection of Providence Care by the provincial labour ministry on October 20. The inspection stemmed from a worker’s complaint about insufficient safety measures in the facility’s Adult Mental Health Unit One. Repeated attacks on staff in this unit include punching, kicking, choking, spitting and threats, an OPSEU statement notes. “Workers have faced over 300 reported incidents of violence this year, resulting in five members suffering potential life-altering injuries,” OPSEU president Warren “Smokey” Thomas says about Providence Care. The union held an information picket about the continuing violence at the hospital’s entrance on November 4. Providence Care could not be reached for comment, but according to OPSEU, the facility has previously said it cannot afford to hire security professionals — although Ontario’s Occupational Health and Safety Act (OHSA) requires all workplaces to take reasonable measures to reduce the risk of violent incidents. “Providence Care’s ongoing controls are not adequate to control the risks of violence,” Thomas says. He recommends that the facility establish and maintain minimum safe-staffing levels, include security guards as a reasonable precaution to protect employees from acts of violence and urge the provincial labour ministry to enforce OHSA’s general duty clause for violence and issue more orders to protect workers from assaults. He adds that the Ministry of Health and Long Term Care should fund facilities so that they can maintain more secure staffing levels. Of late, Ontario has seen a spate of attacks against care-

“These legislative proposals would put the strength of the law behind our commitment to make communities, schools, and workplaces safer,” Ontario Premier Kathleen Wynne says in a statement upon the bill’s introduction. “That is an important part of our roadmap to end sexual violence and harassment in this province.” The Sexual Violence and Harassment Action Plan Act is part of the government’s action plan against sexual violence and harassment, “It’s Never Okay”, which has been ongoing since March.

REPORT EXPOSES ABUSES OTTAWA — Temporary foreign workers

in Canada’s agriculture sector frequently face human-rights abuses in their workplaces, according to a new joint report

givers in mental-health facilities. A nurse was attacked at the Brockville Mental Health Centre (BMHC) on September 16. An OPSEU statement issued on October 22 revealed that a patient with a history of violence had attacked a 71-year-old part-time nurse, who received three lacerations to her neck and one to her wrist. The Ontario Ministry of Labour (MOL) inspected the incident, but did not find fault with the BMHC. Thomas calls the BMHC a “chronic offender” in terms of oh&s violations, noting that the facility has seen more than 24 assaults in the past year. The Brockville incident came on the heels of an earlier attack at the Royal Ottawa Mental Health Centre (ROMHC) on September 10. According to the Ontario Nurses’ Association (ONA), a patient assaulted a registered practical nurse in the recovery unit. This incident occurred in the same unit where three nurses were reportedly beaten in June 2012. “Some of the patients that we get are challenging, in terms of the environment we are in,” says Cal Crocker, the facility’s executive vice president and chief financial officer. Vicki McKenna, the ONA’s first vice president, says the union has been trying to improve the safety situation at this mental-health centre for a long time. McKenna claims that ROMHC nurses are in a “vulnerable position,” as they are going into situations without the necessary equipment and staff to do their jobs safely. But Crocker counters that the facility has plentiful security and training in place for violent situations. Each staff member is equipped with an electronic device that can be activated to send out a Code White in the event of an incident. Crocker adds that ROMHC staff members are starting a new hands-on safety-training course. In addition, the hospital conducts a review of procedures every time an incident happens, and there is an employee-assistance program that provides counselling to distraught or traumatized employees. — By Jeff Cottrill

from the United Food and Commercial Workers (UFCW) Canada and the Agriculture Workers Alliance. Published online on October 27, The Status of Migrant Farm Workers in Canada 2015 explores the vulnerability of the country’s 45,000-plus migrant farm workers to exploitation and discrimination, due to a lack of legal rights. Dangerous living and working conditions, unpaid work hours and the constant threat of repatriation are among the abuses that these workers face. ”While agriculture has evolved into a large-scale, industrial enterprise, those who do the backbreaking work are essentially powerless in the face of a system that often treats agriculture workers more like disposable commodities than human beings,” UFCW Canada national president Paul Meinema says. “Migrant agriculture workers are more

vulnerable than the general Canadian workforce and do some of the most dangerous work there is, yet their legal rights are almost non-existent.” Unless farms are unionized, Meinema says, migrant farm workers face the risk of immediate repatriation for raising concerns about workplace safety and housing conditions. But in Ontario, the Labour Relations Act does not permit agriculture workers to form unions, while almost everywhere in Canada, migrant farm workers are also excluded from employment standards and oh&s regulations. The report makes 19 recommendations for reform regarding the treatment of migrant agricultural workers, including the following: have transferable work permits that allow workers to change employers; institute a transparent appeal process for repatriation cases; conduct frequent and random inspections of

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workers’ accommodations; ensure that all signage, instructions and other written materials are multilingual; and terminate any employer who holds workers’ personal documents from the Temporary Foreign Worker Program.

DEPRESSED WORKERS AVOID HELP TORONTO — More than half of a group

of surveyed workers with symptoms of depression did not recognize a need for help, according to a recent study from the Centre for Addiction and Mental Health (CAMH) in Toronto. The study, Barriers to Mental Health Service Use among Workers with Depression and Work Productivity, was published in the July issue of the Journal of Occupational & Environmental Medicine. The findings are based on the responses of 2,219 working adults, aged between 18 and 65, who had been in the workforce during the previous year in Ontario. The participants had completed a questionnaire by telephone or online. About two-fifths of respondents experienced significant symptoms of depression; out of that group, 52.8 per cent did not feel a need to seek treatment. “They don’t necessarily recognize that they could ask for help or that they

need help,” explains Dr. Carolyn Dewa, the study’s lead author and head of the Centre for Research on Employment and Workplace Health at CAMH. “That is one of the biggest barriers to getting help, and if we remove that barrier, we can decrease the losses of productivity by about a third.” Dr. Dewa stresses that it was not a case of workers consciously rejecting help, but one of them being oblivious to their symptoms of depression. “The thing with mental illness is, everybody has an off-day, and so they don’t recognize that many off-days that are progressively more difficult to function.” As a result, many workers believe that all they have to do is struggle through these feelings until they go away. A CAMH statement issued on October 7 states that research on this topic in the United States and Australia has yielded similar results. The CAMH study measured common symptoms of depression in respondents as well as their perceived need for help, Dr. Dewa notes. “We used a standardized instrument, and based on that instrument, it indicated that people are at a stage where they might benefit from help-seeking.” More awareness of the symptoms of mental illness could encourage workers to get needed treatment, Dr. Dewa

suggests. She also cites new programs from the Mental Health Commission of Canada that could potentially help. “They have been found effective to help people recognize when they need help — and actually, in the early stages, how to help themselves as well with stress and those types of skills,” she notes.

CONSTRUCTION FIRM PENALIZED KINGSTON — A construction company in Concord, Ontario was fined $50,000 on October 6 for an incident in which two temporary workers were injured by a load of 18-gauge steel sheets that fell out of a cart two years ago. According to a court bulletin from the Ontario Ministry of Labour (MOL), the incident occurred during the construction of Collins Bay Institution’s maximum-security prison in Kingston by Elite Construction Inc. on June 11, 2013. The workers were moving the 930-kilogram cartload when electrical extension cords blocked the wheels. As both workers and a third tried to get the cart over the cords, the unsecured sheets spilled out onto the pair, breaking several bones in both. At Kingston’s Ontario Court of Justice, Judge Claudette Coulas determined that Elite had violated Section 37(1)

RETAILER DISCRIMINATED AGAINST SHOPPER: RULING HALIFAX — An independent human-rights board of inquiry

has determined that a woman who was accused of being a repeat shoplifter by staff of food retailer Sobeys in Tantallon, Nova Scotia was a victim of discrimination. On May 26, 2009, Andrella David was stopped at a grocery-store checkout by a Sobeys employee, who accused her of being a “known shoplifter in the store,” according to a statement by the Nova Scotia Human Rights Commission (NSHRC) issued on October 9. David was told that the store’s surveillance footage had captured previous instances of her shoplifting, that she was being watched and that if it happened again, they would press charges. There was no indication that David had attempted to shoplift. David demanded to see the videotape in an attempt to prove that she was not the same person who had been caught shoplifting in the surveillance footage. She was taken to an office with surveillance equipment as staff tried to locate the videotape, which was believed to have captured David committing theft before May 2009. David eventually left the store and later tried to rectify the situation with Sobeys’ senior management, which accepted the allegations made by its employee over David’s word. She filed a complaint with NSHRC, alleging that Sobeys had discriminated against her when it had falsely accused her of stealing from the store.

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Board chair Marion Hill’s written decision concludes that David was discriminated against on the basis of her race and/or colour and perceived source of income, both of which are protected under the Nova Scotia Human Rights Act. “During the course of the evidence provided in this proceeding, it was clear that race played a role related to the Complainant’s [David] adverse treatment,” Hill writes. “Ms. Barnhill [the Sobeys employee] gave evidence that, all things being equal, had the Complainant been white, she would never have been approached.” Hill found that “racial profiling” had been a factor in the treatment of David. The decision describes how the Sobeys staff member relied heavily on poor-quality video in her identification of David. “The most distinguishing feature that could be positively identified from the pictures and the video evidence was the fact that the alleged shoplifter was a black woman with dark hair,” Hill writes. While Hill accepts the argument that shoplifting, which results in serious financial loss, is a concern for Sobeys, “the respondent’s continuous identification of the complainant as a known shoplifter is unjustified.” Hill has reserved decision on remedy; those arguments were expected to be heard on October 27 and 28. — By Jean Lian

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of Ontario Regulation 213/91, which states that materials must be transported in a way that does not endanger employees. The firm had also neglected an order from the MOL to manage the floor cords, which created a tripping hazard. Elite pleaded guilty to failing to provide information and supervision regarding the workers’ protection.

EMPLOYEE PERISHES IN FALL MONTREAL — A construction employee was killed in a fall at a worksite in Montreal, when the platform on which he was standing suddenly overturned. The incident occurred on September 15 at the Champlain Bridge’s ice-control structure over the St. Lawrence River, according to the provincial police force, the Sûreté du Québec (SQ). The Commission de la santé et de la sécurité du travail (CSST) has identified the 44-year-old victim as Dany Cléroux, a site foreman with Boisbriand-based construction firm Groupe TNT. “He had a fall in the river when the platform on which he was placed overturned,” CSST spokesperson Maxime Boucher says. Four manual chain blocks were used to lower the platform on the barge, and the platform detached itself from the ice-control structure during the lowering, sending Cléroux plummeting. Boucher notes that Cléroux wore a safety harness during two previous descents on the same platform that morning. “For this one, we don’t know,” he says, referring to the third descent. “The witnesses can’t tell us if he wore a harness at that time.” Police were notified of the accident at about 12:20 p.m., and officers arrived at the scene shortly afterwards to help search for Cléroux, according to SQ spokesperson Sergeant Joyce Kemp. The worker’s body was found at around 6:30 on the same day, she reports. CSST is investigating the incident in cooperation with SQ and TNT. TNT issued a statement on September 16, expressing its condolences and stating that it had mobilized all of its internal resources to provide support and “psychological assistance” to Cléroux’ family, his co-workers and their families. The province’s construction sector has seen a lot of incidents over the past two years, according to Boucher. Last year alone, there were 15 fatalities at construction sites in Quebec.

PRIVACY MEASURES ANNOUNCED SAINT JOHN — New Brunswick’s workers’

compensation authority has launched new measures to protect the privacy of the province’s injured workers. According to a WorkSafeNB announcement on November 2, the new measures include appointing a privacy officer, having an updated privacy policy, reviewing privacy-related policies and directives, establishing a new committee to deal with privacy issues, enhancing privacy-awareness training for WorkSafeNB staff and creating a plain-language guide on privacy for employers and injured workers. WorkSafeNB is also in the process of redrafting the consent agreement in Form 67, Report of Accident or Occupational Disease, regarding the information that the organization is permitted to share. “These new safeguards will help us ensure that protection,” WorkSafeNB president and chief executive officer Gerard Adams says in a statement. The new measures are the result of recent privacy breaches, the statement adds.

NURSING HOMES GET TOOLKIT FREDERICTON — As part of Violence Prevention Month in New Brunswick, a new Nursing Home Violence Prevention toolkit was distributed in many of the province’s nursing homes in November. The kit was developed by the Nursing Home Workplace Violence Prevention Working Group — a collaboration involving the New Brunswick Association of Nursing Homes, the New Brunswick Nurses Union (NBNU), WorkSafeNB and the New Brunswick Continuing Care Safety Association. A NBNU statement dated November 4 says this is part of an ongoing initiative in the province to reduce violence against nursing-home employees through shared training and resources. “While some nursing-home residents have medical conditions that may make it difficult for them to control their impulses or actions,” NBNU president Marilyn Quinn says in a statement regarding the toolkit, “everyone, regardless of the nature of their work, deserves a safe and healthy workplace.” WorkSafeNB president and chief executive officer Gerard Adams says he was “pleased to partner with lead-

ing nursing home organizations to help workers understand their rights.”

BOARD ISSUES WARNING ON CALLS SAINT JOHN — New Brunswick’s work-

ers’ compensation authority is warning employers about fraudulent sales calls made by at least one person who claimed to be a WorkSafeNB member. In a statement issued on October 2, WorkSafeNB reported that someone had been trying to get employers to replace their first-aid kits or take additional Workplace Hazardous Materials Information System training, calling the companies’ current kits or training insufficient under provincial Occupational Health and Safety Act standards. “In some cases, the person tries to convince an employer to buy upgraded safety equipment from them or face fines,” WorkSafeNB says in the statement. “They may also suggest that workers could be denied benefits without their training.” WorkSafeNB clarifies that it does not sell any products or services and that its staff members always carry WorkSafeNB identification when visiting worksites. The organization also advises employers to verify the identities of any individuals who claim to represent it and to file complaints with the Canadian Anti-Fraud Centre when appropriate.

ACTION URGED AFTER ASSAULT WINDSOR — A nurse and two security guards at the Hants Community Hospital in Windsor were assaulted by a male patient on November 10. There were no reported injuries, but the attack led to renewed calls from the Nova Scotia Nurses’ Union (NSNU) for an action plan on violence against healthcare workers. A statement from the union says that the Workers’ Compensation Board of Nova Scotia (WCB) received 152 claims from the healthcare sector involving violence in 2014, while per capita, the WCB received 54 per cent more claims from healthcare employees than from construction workers. “It is pretty startling that people that are working on a construction site are safer when they go to work than our nurses and our healthcare workers,” NSNU president Janet Hazelton told a panel at a Halifax summit on November

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DEMONSTRATION HIGHLIGHTS UNSAFE PRISON CONDITIONS ST. JOHN’S — Union members working at Her Majesty’s Peni-

tentiary (HMP) in St. John’s, Newfoundland held a public demonstration at the prison on November 13 to protest the allegedly unsafe working conditions in the facility. Organized by the Newfoundland and Labrador Association of Public and Private Employees (NAPE), the demonstration, which included correctional officers from prisons elsewhere in the province, expressed concerns about the increasing levels of violence at the facility and the management’s inadequate response to past complaints. “It is unbelievable, the stories that I have heard, the things that I have seen. There is no way to describe it, certain sections of that facility,” says NAPE president Jerry Earle, adding that he visited HMP to meet with the staff while campaigning for the union presidency earlier this year. “I was really taken aback by the facility in which they had to work. I can’t imagine being there to work 12-hour shifts, or even eight-hour shifts.” Earle explains that one of the key issues with HMP is its crumbling infrastructure due to its age. “There are certain parts of this facility that are close to 150 years old,” he notes. “The facility absolutely needs to be replaced.” Unfortunately, Earle says, HMP is not one of the facilities that is likely to get all kinds of public support, like a health-

9, as quoted in the statement. “Let’s sit down and develop a strategy that keeps security professionals, healthcare providers and their patients safe.” On a related issue, the Ontario Nurses’ Association (ONA) marked the anniversary of Lori Dupont’s death with a statement calling for changes in the workplace culture for nurses, stating that the notion that violence is a normal, acceptable part of healthcare work is still too common. Dupont was killed by an anesthetist colleague, who then killed himself at Windsor’s Hotel-Dieu Grace Hospital in 2005. “Despite the passage of amendments to the Occupational Health and Safety Act, not enough has changed,” ONA president Linda-Haslam Stroud says in a statement. “Measures to protect registered nurses — and our patients — from violence are inadequate.” ONA has produced a short documentary film about Dupont and plans to screen it at an upcoming meeting of provincial leaders, the statement adds.

EXPOSURE CONCERNS RAISED HALIFAX — Nova Scotia’s Department of Labour and Advanced Education is investigating a claim that a dental clinic

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care facility or school. As a result, “it keeps getting put on the back burner.” Earle claims that management has been mostly unresponsive to a number of health and safety issues for correctional officers. Protesters at the demonstration held signs calling for the resignation of Owen Brophy, the province’s superintendent of corrections. Former Justice and Public Safety Minister Judy Manning appointed Brophy to the post last December. But a November 16 press statement from the Newfoundland and Labrador Department of Justice calls Brophy “eminently qualified for this current role” and “a strong advocate for improvements to policies and procedures at HMP.” Earle cites an October 2008 government report, Decades of Darkness: Moving Towards the Light, which evaluated the prison system in Newfoundland and Labrador. Authored by Simonne Poirier, who was the chairperson of the review panel for adult corrections in the province, the 230-page review offered a number of recommendations to improve working conditions at HMP. “There were all kinds of recommendations in that report. Some have been acted on, but the key ones have not been,” Earle says. “We are getting all the promises, but no hard, fast resolutions.” — By Jeff Cottrill

at Halifax’s Dalhousie University has been exposing student workers to mould and radiation. Anonymous staff members at the clinic sent an open letter to local media outlets, expressing concern about the building’s health and safety risks. The letter claims that high levels of mould were discovered in the clinic’s basement during an assessment in May. Department of Labour spokesperson Chrissy Matheson confirms that the ministry received its own copy of the letter. “The media advised us of this individual’s concern, so we did treat that media acknowledgement as a complaint,” she says. “We have legislation that requires us to respond to every complaint that we receive.” On October 28, the Department dispatched an inspector and a hygienist to the clinic to do a preliminary inspection, which found no immediate short-term risks to any staff or students. “They want to do a few more reports and tests and things like that, to determine maybe long-term exposure,” Matheson says, adding that “it is a complaint that we are taking very seriously.” She adds that the Department has a 1-800 number for oh&s complaints, staffed 24/7. “It is anonymous, and it is quite responsive.”

UNION EXPANDS PROGRAM HALIFAX — Four years after launching its anti-bullying program, the Nova Scotia Government and General Employees Union (NSGEU) is expanding the program to cover workplace policies, procedures and leadership roles. A notice posted on the union’s website on October 19 announces the program’s new theme, “Shifting Culture”, which will consist of a two-hour, four-module format for employers and workers who need more flexibility in the program’s delivery schedule, in addition to the program’s current two-hour sessions and six-hour workshops. The program provides leadership training for personnel involved in developing internal policies regarding bullying and investigation, including management, supervisors, union representatives and human-resources staff. “Shifting Culture reflects the need to change organizational policies and procedures, leadership and the workplace culture,” the NSGEU says, adding that bullying is not solely about conflict between individuals. The union has presented the program to more than 14,000 workers in the province so far, as well as to firms in Newfoundland and Labrador and Prince Edward Island.

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ACT CHANGES PROMOTE SAFETY CHARLOTTETOWN — A recent amendment to the Prince Edward Island Workers Compensation Act allows for the formation and funding of safety associations, according to an announcement from the Workers Compensation Board of P.E.I. (WCB) on October 30. The update stems from recommendations from the Legislative Review Advisory Committee in 2012, which resulted in the introduction of a provincial bill, including proposed changes to the Act in 2013. The bill became law on October 1 of this year. Intended to promote workplace safety through education and initiatives, safety associations will now be formed based on the support of the majority of employers in a sector and funded by employers through an additional levy on them. “In addition to health and safety programs, safety associations can help to promote awareness and education in accident prevention,” WCB chair Stuart Affleck says in a statement. “There are many success stories in other jurisdictions where safety associations have played a positive role in reducing workplace accidents.” The WCB has prepared a policy on the full process of establishing and monitoring safety associations. The policy will take effect following public consultation.

BOARD PROPOSES AMENDMENT CHARLOTTETOWN — The Workers Com-

pensation Board of Prince Edward Island (WCB) has announced a proposal to amend the province’s Workers Compensation Act to eliminate the two-day waiting period for injured workers before they receive benefits. The two-day waiting period has been in effect since last year, according to an announcement made on the WCB’s website on October 24. This was an amendment from a three-day waiting period that had been enacted in 2002. “Eliminating the wait period will provide wage-loss benefits to all workers from the day following an accident,” WCB chair Stuart Affleck says in a statement. “This measure will have a direct impact on our most vulnerable injured workers, who might not have access to sick-leave benefits during this timeframe.” Following the change from three to

two days, the WCB monitored and evaluated the reduction for nearly two years with the aim to reduce the waiting period further if they received positive results. The changes are expected to take effect on January 1 if the proposed amendment passes in the provincial legislature.

REDACTED REPORT RELEASED ST. JOHN’S — The government of New-

foundland and Labrador has published a redacted version of a 2011 study about the province’s sex-worker industry. It’s Nobody’s Mandate and Everyone’s Responsibility: Sexual Exploitation and the Sex Trade in Newfoundland and Labrador is a 113-page report funded by the government’s Women’s Policy Office. The report had not been released publicly, because of the Royal Newfoundland Constabulary’s (RNC) belief that it could pose risks to the mental and physical health of sex workers, according to a government statement dated October 8. “Nearly four years ago,” RNC chief Bill Janes says in a statement, “we felt that there was a danger to vulnerable persons should this report go public. We believed that to be the right decision at that time. We now feel that these risks have been mitigated through the redactions made by the Privacy Commissioner.” The report includes recommendations on preventing violence against sex workers. The provincial government also launched Phase II of its Violence Prevention Initiative on October 6. “Our primary concern in this issue has always been the safety of those involved,” says Susan Sullivan, the provincial Minster Responsible for the Status of Women.

FATALITY PROMPTS CHARGES LABRADOR CITY — The

occupational health and safety branch of the Newfoundland and Labrador government has charged two companies and two individuals for a worker fatality. The charges stem from an incident that occurred on October 25, 2013, when a roofing worker died after falling from the top of a building in Labrador City. According to a statement issued by Service N.L. on November 6, employer McCarthy’s Roofing Limited was charged with eight counts, including not providing effective instruction or supervision, failing to use a fall-protection system, operating a hoist incorrectly and ignoring safe work procedures in general. A McCarthy’s supervisor is charged with three counts related to insufficient supervision, while another employee is charged with four counts alleging inadequate protection of himself and his colleagues. The building owner, Northern Property REIT, is charged with failing to ensure that contracted employers and workers complied with oh&s law. Follow us on Twitter @OHSCanada

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DISPATCHES

Provinces make vaccines available for flu season By Jean Lian

oth Saskatchewan and Nova Scotia are gearing up for the flu season by encouraging residents in their respective provinces to take the flu shot. According to a statement from the Saskatchewan government, the publicly-funded influenza vaccine has been available since October 19. For the first time in the province, pharmacists can provide free flu vaccinations this year as part of the influenza immunization program. Approximately 200 of the 360 community pharmacies are participating in the program. “We are pleased pharmacists will offer this important service,” Saskatchewan Health Minister Dustin Duncan says. “This additional option means increased access, choice and convenience for our residents.” As in previous years, the free vaccine is offered through public health clinics across the province and some physician and nurse practitioner offices, the statement notes. In Nova Scotia, efforts to get people to take the flu shot are also ramping up. “Vaccination is the safest and most effective way to protect yourself and loved ones from the flu,” provincial Health and Wellness Minister Leo Glavine says in a statement issued on October 14. Workers or people who live with or care for people in high-risk groups include nurses, paramedics, doctors and caregivers. Seniors, children six months to five years of age, Aboriginal people, pregnant women and people with chronic medical conditions like heart disease, asthma and diabetes also belong to the highrisk group. “Our publicly funded immunization program is an important part of the government’s commitment to promote health and prevent illness,” says Dr. Frank Atherton, Nova Scotia’s deputy chief medical officer of health. “Last year, 40 per cent of Nova Scotians got a flu shot, and we hope to see more this year.” The Maritime province is providing the quadrivalent vaccine recommended by the National Advisory Committee on Immunization. The vaccine contains two influenza A strains and two influenza B strains. Practising proper hygiene, such as hand washing and cov-

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ering noses and mouths when coughing or sneezing, are also important preventive measures. People with flu symptoms should stay home and minimize close contact with others. Jean Lian is editor of

ohs canada.

Human-rights tribunal dismisses worker’s complaint By Jeff Cottrill

he Canadian Human Rights Tribunal (CHRT) has dismissed a case in which an Indo-Canadian labourer and multi-tractor driver in New Westminster, British Columbia accused the local chapter of the International Longshoremen’s and Warehousemen’s Union (ILWU) of discriminating against her. Munglegeet Kaur Siddoo, a former employee of Terminal Systems Inc. (TSI), filed her complaint with the CHRC in 2010. According to the final CHRT decision, published online on September 15, Siddoo was being trained as a checker for TSI in July 2010. At the time, she had been off work for more than three years due to injuries from a car accident. But on the third day of training, her two trainers concluded that her experience was insufficient and replaced her with another worker, while rescheduling Siddoo for a different training group. CHRT Member David Thomas, who presided over the complaint hearings in Vancouver in February, wrote in the decision that Siddoo had subsequently sent an e-mail to ILWU Local 502 representative Chris Verbeek, accusing the trainers of discriminating against her based on her race and gender, as well as harassment. Verbeek countered that the accusations were “ludicrous,” in part because one of the trainers was Indo-Canadian and two of the other trainees, as well as her replacement, were women. Siddoo began the new training session in September 2010, but was fired before it was completed. “According to the ILWU, Miss Siddoo had missed work on October 22, 2010 without explanation and left her station early on another occasion,” Thomas noted in the decision. “There also appeared to be some allegations that the employer, TSI, had concerns with Miss Siddoo’s conduct.” Among Siddoo’s further accusations against the union was one of constant harassment, including mobbing, stalking, psychological terrorism and death threats. She claimed that another ILWU member had mocked her for being a “spin-

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ster” and that one of her trainers had made derogatory comments about people who wear turbans. “Every act by which a person causes some form of anxiety to another could be labelled as harassment. What offends one person may not offend the next,” Thomas wrote. “We are all capable of being, on occasion, somewhat thoughtless, insensitive and perhaps even outright stupid. Does this mean that there can never be any safe interactions between people?” Thomas concluded that Siddoo was prone to jumping to unlikely conclusions. “While perhaps honestly believing representatives and members of the ILWU were ‘out to get her’ and perhaps experiencing distress and anxiety as a result, [Siddoo] overreacted to events on several occasions… I do not believe discrimination played a factor.” Jeff Cottrill is editor of health & safety news.

canadian occupational

Self-awareness can check workplace bullying By Jean Lian

ome self-reflection on whether we might have, at some point in time, exhibited behaviour considered as workplace bullying may be in order, as World Mental Health Day was observed around the world on October 10. The theme for this year’s World Mental Health Day was “Dignity in Mental Health”, and the World Health Organization says it will raise awareness of what can be done to ensure that people with mental-health conditions can continue to live with dignity. Bullying at work creates a psychologically unsafe environment filled with fear and anxiety, not just for the target, but also for those around them, according to Mary Ann Baynton, program director of the Great-West Life Centre for Mental Health in the Workplace in Toronto. Figures from the Canadian Mental Health Association indicate that nearly one in two (45 per cent) will suffer stress-related health problems as a result of workplace bullying. “It is easy to lose sight of how others might perceive our behaviours when we are passionate about our work,” Baynton says in a statement issued on October 9. “We might not notice that our volume has increased or that we are talking over others. In those instances, we might be quite surprised to learn the impact our actions can have. This is why it is important to develop self-awareness of how we express our emotions at work.” Baynton explains that this form of self-awareness is part of emotional intelligence, which she defines as the ability to manage one’s own emotions in the workplace and the ability to recognize and respond appropriately to others’ emotional distress. Considerations of the following can help check bully-

ing: how one interacts with others when frustrated at work as opposed to doing so in a state of calm; how one interacts with the person perceived as weakest on the team and how that interaction might differ from interacting with someone deemed to be strong and confident; and when one could be passionate or animated and how that might come across to others. According to Pamela LutgenSandvik, Ph.D., associate professor of communication at North Dakota State University in Fargo, almost 30 per cent of people in the United States are targeted at some time during their work histories. She points out that incidents of bullying do not always stem from one aggressive person, but can come from a climate of hostility and aggression where bullying is the norm. Dr. Lutgen-Sandvik’s research has shown that high-aggressives constantly scan the environment for what they perceive as threats and act on them repeatedly. “When a target confronts a high-aggressive, the aggressive person just ramps up the aggression,” Dr. Lutgen-Sandvik says in a statement issued on October 13. The fallout from such an environment can be significant for affected employees, with research showing the potential for post-traumatic stress disorder and other health issues for the organization, such as reduced productivity and loss of talent. The Canadian Centre for Occupational Health and Safety in Hamilton, Ontario recommends the following responses when one is a target of bullying at work: • Tell the person firmly that his or her behaviour is not acceptable and ask him or her to stop. Request the companionship of a supervisor or union member when approaching the person; • Record the harassing behaviour, including dates, details, outcomes and witnesses, if available; • Report the harassment to the person identified in the workplace policy. If the victim’s concerns are being downplayed, proceed to the next level of management; and • Do not retaliate, as this could result in the victim looking like the perpetrator.

Fracking chemicals linked to lower sperm count By Jean Lian

recent study out of Missouri has confirmed our fears regarding the health effects that fracking chemicals have on both mice and humans: prenatal exposure www.ohscanada.com N O V E M B E R / D E C E M B E R 2 0 1 5

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to a chemical mixture used in hydraulic fracturing at levels found in the environment lowered sperm counts in male mice when they reached adulthood. According to the study, published in the Washington, D.C.-based Endocrine Society’s journal Endocrinology, the scientists tested 24 chemicals used in fracking and determined that 23 of them were endocrine-disrupting chemicals (EDCs) that mimic, block or interfere with hormones — the body’s chemical messengers that act through receptors to regulate the activity of cells and biological processes such as metabolism, reproduction, growth and digestion. Among the 23 EDCs that the scientists identified, more than 90 per cent of the chemicals disrupted the functions of estrogens and androgens, or male sex hormones like testosterone, notes a statement issued by the Endocrine Society on October 9. In addition, more than 40 per cent of the EDCs tested could interfere with progestogens — another type of reproductive hormone — and glucocorticoids, which are involved in metabolism and stress, while 30 per cent of the chemicals disrupted thyroid hormone signaling. Some chemical combinations were found to have exhibited greater-than-anticipated disruption based on single-chemical analysis. Exposure to EDCs has been linked to numerous health problems, including birth defects, reproductive disorders, cancer, diabetes, obesity and neurodevelopmental issues. “This study is the first to demonstrate that EDCs commonly used in fracking, at levels realistic for human and animal exposure in these regions, can have an adverse effect on the reproductive health of mice,” concludes Susan Nagel, Ph.D., the study’s senior author and an associate professor with the University of Missouri in Columbia. In addition to reduced sperm counts, the male mice exposed to the chemical mixture had elevated levels of testosterone in their blood and larger testicles. The scientists tested wastewater samples from drilling sites in Garfield County, Colorado and identified 16 of the fracking chemicals they had previously tested in these samples. This information, along with existing literature on frackingchemical concentrations, were used to create a mixture of 23 chemicals that spanned the likely range of human exposure from levels found in wastewater to those likely to be found in drinking water contaminated with fracturing fluids. Researchers added four different concentrations of the chemical mixture to the drinking water given to pregnant mice in the laboratory. The mice were then exposed to the mixtures from day 11 of pregnancy until they gave birth. Their male offspring were assessed for effects of EDC exposure and compared to male mice born to mothers in the control group that had not been exposed. “It is clear that EDCs used in fracking can act alone or in combination with other chemicals to interfere with the body’s hormone function,” Dr. Nagel says. “These mixture 22

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interactions are complex and challenging to predict. More research is needed to assess the many other chemicals used for fracking and to determine how they may be contributing to health outcomes.”

Shorter daylight hours spur road-safety measures By Jean Lian

or those who cycle to work or get to the subway on bicycles in fall’s colder weather and diminishing daylight hours, take heed: riders whose bikes do not have proper lighting and reflective gear may be flagged down and given a talking-to. Cycle Toronto, in partnership with the Toronto Police Service and Toronto personal-injury law firm McLeish Orlando, set up stations along busy cycling commuter routes at dusk on three evenings in October to flag down unlit cyclists and educate them on the importance of staying visible. “Cycling is a year-round activity for many people across Toronto,” says Jared Kolb, executive director of Cycle Toronto. “It gets darker earlier this month, and we have got to watch out for one another out there. Safety is everyone’s responsibility, including the cycling community.” The provincial Ministry of Transportation has recently increased the set fine for improper lighting of a bicycle from $20 to $110. From half an hour before sunset to half an hour after sunrise, cyclists in Ontario must have a front white light and either a rear red reflector or rear red light on their bicycles. Bicycles also need to be lit when it is dark due to rain, fog or snow. “Improving road safety and traffic flow is one of our goals in support of and commitment to safe communities and neighbourhoods” says Superintendent Gord Jones, unit commander of Traffic Services. Meanwhile, Saskatchewan has seen some improvements in road safety. The first year of implementing tougher traffic safety laws from July 1, 2014 to June 30, 2015 has led to 19 per cent fewer fatalities and 18 per cent fewer injuries in the province, according to preliminary numbers from Saskatchewan Government Insurance (SGI) in Regina. “Early numbers indicate your safe driving has saved 30 lives and prevented more than 1,200 injuries,” Don McMorris, Minister responsible for SGI, says in a statement issued on October 14. Changes to traffic law in Saskatchewan took effect on June 27, 2014, as a result of recommendations from the allparty Special Committee on Traffic Safety. The Saskatchewan Road Safety Challenge, a province-wide multimedia awareness campaign, was launched in May 2014 to complement

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changes to traffic safety law. At the time, traffic fatalities and injuries in the province were trending up. Based on the fouryear average from July 1, 2010 to June 30, 2014, 158 people on average were killed and nearly 6,900 people were injured in traffic collisions each year in the province, prior to the implementation of new traffic laws. “It is very encouraging to see fewer fatalities and injuries, but we all need to maintain safe driving habits and learn new ones, and ongoing education, awareness and enforcement will help,” McMorris says.

Federally regulated sectors more dangerous: study By Jeff Cottrill

new report from the Canadian Centre for Policy Alternatives (CCPA) says federally regulated industries in Canada have become more dangerous for workers over the past decade, due to funding cuts and understaffing of safety inspectors. Waiting to Happen: Why We Need Major Changes to the Health and Safety Regime in Federally Regulated Workplaces, written by CCPA research associate John Anderson, updates a previous report from 2010. Published on the Ottawa-based think tank’s website on September 30, the new study examines oh&s statistics in federally regulated sectors from 2007 to 2012. According to Anderson, improvements in the injury rates have been insignificant when compared with those at the provincial level. “Even though 60 per cent or more of the workers are doing office jobs in the federally regulated sector, the fatality rate has basically remained unchanged,” he says. “You have got over 50 workers a year dying, huge death, in road transport.” The report stresses a sharp decrease in the number of health and safety officers (HSO) from 2005 to 2012, while the number of federally regulated workers in Canada increased by more than 175,000 over the same period. “There are less than half as many health inspectors as there were a decade ago,” Anderson explains, “and there are more jobs than people living in Manitoba or Saskatchewan.” He adds that the ratio of employees to HSOs is so high now that they cannot possibly inspect workplaces regularly anymore. But Employment and Social Development Canada (ESDC) counters that it plans to increase the number of HSOs in its Labour Program.

“The number of officers exclusively dedicated to delivering the health and safety program in the Labour Program is 92. This number of health and safety officers will increase to 100 in the near future,” ESDC says in an e-mailed statement. “The current number of labour-standards officers is 74. These numbers may fluctuate from year-to-year as a result of normal turnover, such as retirements and departures.” The report made 10 recommendations for change in federally regulated industries, including the following: • repealing the Labour Code amendments in Bill C-4; • conducting regular safety inspections of all workplaces; • increasing surprise inspections of high-risk workplaces; • increasing the number of HSOs; and • making all oh&s data open and transparent. Anderson says these reforms are urgently needed. “It needs to be done right away, and it isn’t an expensive thing to fix.”

Expansion of beds boosts safety in correctional facility By Jean Lian

he safety of staff, offenders and the public at Saskatchewan’s Prince Albert Correctional Centre will get a boost with the expansion of 144 new beds. According to a statement from the provincial government issued on October 9, the new $24 million unit was outlined in the 2012/2013 budget and is expected to create more than 100 new jobs in Prince Albert. The new unit, which is designed to promote safety by incorporating a more modern design, uses the “open concept” model that allows for direct supervision and interaction between corrections workers and offenders. It has been built with four living pods and offers enough capacity to provide video court services for the entire correctional centre. “The open concept creates a safer environment for corrections staff,” 27-year corrections employee Wes Elder says. “It worked very well when it was introduced to the province at Regina Provincial Correctional Centre, and I have no doubt it will work just as well here in Prince Albert.” Corrections and Policing Minister Christine Tell says the provincial government was focused on reducing demand on the criminal justice system. “At the same time, we need to ensure we have adequate space to house the offender population that currently exists in the province. This expansion will help us do just that.” This announcement follows major capital investments of 60 beds at the Pine Grove Correctional Centre in Prince Albert in 2013 and the 90-bed expansion to the Saskatoon Correctional Centre in 2009. These were the first new beds added to the province’s correctional system since the late 1980s. Follow us on Twitter @OHSCanada

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IMAGE: GREG HARGREAVES / ILLUSTRATION SOURCE

UNIONIZED WORKPLACES

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hand hand in

BY JACOB STOLLER

The debate on the role of unions in influencing workplace safety is as old as unions are. Organized labour, by serving as employee advocates, may have a positive influence on job safety after all, according to a recent study out of Toronto.

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n August 24, approximately 200 union trade workers walked off the job at the Green Electron nuclear power plant project near Sarnia, Ontario. Their action brought to a head a longstanding dispute over ongoing safety concerns that saw 196 written orders from the Ontario Ministry of Labour over the previous two years. Since the action, the Ministry has laid charges against Eastern Power, the contractor responsible for the jobsite. That the union supported workers almost certainly influenced the outcome, suggests Sean Strickland, chief executive officer of the Ontario Construction Secretariat (OCS) in Toronto. “It would be pretty hard to see workers empowered to do that in a nonunion workplace.” The relationship between unions and employers, however, is not always adversarial. Joanna Moro, health and safety manager at Toronto-based Safety First Consulting Ltd., believes that unions have a role to play in creating safe working environments by providing oh&s training, promoting a safety culture and enforcing reporting practices with their members. The overall impact of the union presence on safety outcomes, or the so-called “union safety effect”, has been frequently debated in the Canadian construction industry, but until recently, not rigorously researched. That changed on September 3 with the release of an OCS-sponsored study, Protecting Construction Worker Health and Safety in Ontario, Canada: Identifying a Union Safety Effect, conducted by Toronto’s Institute for Work and Health (IWH) and published in the Journal of Occupational & Environmental Medicine. The study used existing administrative data collected within the industrial, commercial and institutional (ICI) sector between 2006 and 2012 to establish a link between union membership and safety outcomes. The research team analyzed injury-claims data for 5,800 unionized firms employing 720,000 fulltime workers and 39,000 non-unionized firms with 810,000 full-time workers. Sources included membership lists from construction trade associations and building trade unions, as well as claims data from the Workplace Safety and Insurance Board (WSIB) in Toronto. 26

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“This is the first scientific study, peer-reviewed, of this kind ever done in Ontario and, to a certain extent, North America,” Strickland says. “We are looking at seven years of data, 45,000 construction firms, 1.5 million workers. This is a very significant piece of research that will live on for some time and, I am quite confident, will help improve health and safety for all construction workers in the province of Ontario.” The study found that workers at unionized construction workplaces in Ontario are more likely than their non-unionized counterparts to file job-related injury claims, but less likely to file injury claims that result in time off work. Unionized companies in the province’s ICI sector, when compared to their nonunionized counterparts, have 13 per cent higher rates of total injury claims and 28 per cent higher rates of no-lost-time injuries, but 14 per cent lower rates of claims involving missed days of work and eight per cent lower rates of musculoskeletal injuries. These findings suggest that while unionized workers may be more inclined to make work-related injury claims, their claims are less likely to be of a serious nature, suggests Benjamin Amick, Ph.D., an IWH senior scientist and the study’s co-lead investigator. “Unionized workers may be more likely to report injuries, including injuries that don’t require time off work, at workplaces where managers and supervisors are committed to safety.” The study also addresses an important gap, according to Dr. Amick. “What was done previously focused on upstream factors, such as the joint health and safety committee — not on health outcomes,” he says. “Both are important, but we really didn’t have any good health-outcome studies.” For some, the IWH study can be regarded as a test for the unionized sector’s considerable investment in employee safety. “Our industry spends over $40 million a year in Ontario on apprenticeship training, health and safety training, journeyperson upgrading,” Strickland says. “We have also invested in capital — approximately $260 million in the facilities that deliver these training programs. So with that kind of investment, you certainly would think that you would have fairly decent outcomes when it comes to health and safety.” The IWH study follows the footsteps of similar research in other industries. In a 2012 study entitled Coal Mine Safety: Do Unions Make a Difference?, lead researcher Alison D. Morantz of Stanford Law School concludes that “unionization is associated with a 13 per cent to 30 per cent drop in traumatic injuries and a 28 per cent to 83 per cent drop in fatalities.” Interestingly, the study also associates unionization with a higher claim rate for non-traumatic injuries, lending credence to claims that injury-reporting practices differ significantly across union and non-

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union mines. “Overall, the results of the data linkage and analyses suggest that unionized firms in the ICI construction sector in Ontario encourage injury reporting, as reflected in higher rates of no-lost-time-allowed claims, and reduce occupational hazards and improve safety programs to reduce the rates of more significant lost-time-allowed claims, compared with non-union firms,” the IWH study concludes. READING BETWEEN THE LINES As industries go, the construction sector is particularly diverse, even within the ICI sector. Firms range in size from thousands of employees down to a handful, and represent a variety of trades and associated risks — everything from heights to high voltage to moving

UNANSWERED QUESTIONS The IWH study, which the authors describe as a “first step,” acknowledges that there is much more to learn. For example, there could be hidden factors that were not measured, such as the higher proportion of older, more experienced workers in unionized firms. Workforce mobility is another challenge. “Construction sites are a lot more fluid than other worksites,” Dr. Amick says. “You can have people that are only there for two weeks doing high-risk work. That is one of the great challenges in studying construction,” he notes. But the most important limitation is that some firms may be falling under the radar. For instance, participation in trade associations — whose membership lists were used to calculate the total number of

While unionized workers may be more inclined to make work-related injury claims, their claims are less likely to be of a serious nature. blades. There are regional disparities as well: a construction site in Timmins in northeastern Ontario is very different, culturally and otherwise, from a site in downtown Toronto. As a result, the authors of the IWH study employ statistical models to adjust for a number of covariates, including the type of work — such as descriptions of Classification Units used by the WSIB to categorize employers’ business activities, postal codes and business complexity — and firm size, which has the greatest influence on safety outcomes. In view that most large firms are unionized and some of them are very large, they account for a disproportionate share of unionized workers. “If you look at the paper,” Dr. Amick says, “it is certainly the case that we have equal numbers of workers in union and non-union firms. But we have a lot of large, union firms. So you could hypothesize that the observed difference would be due to the size of the firm. We did not find this to be true.” To account for this, the 14 per cent reduction in lost-time injuries was significantly adjusted for firm size; the unadjusted number is 23 per cent. One of the most striking unadjusted figures was the reduced number of critical injuries — 29 per cent fewer overall in unionized firms. But the volume of data was insufficient to allow researchers to estimate the effect after adjusting for firm size. “We couldn’t replicate critical injuries in the final model, because the models wouldn’t converge,” Dr. Amick explains. “Much as we had a lot of data, if we had more data, we could have done a lot more.”

firms — is voluntary, so the data may exclude a significant number of smaller firms, such as those contributing to Canada’s $42-billion underground economy. “Non-unionized employers tend to be smaller and tend to see their workers not as workers, but as independent operators,” says Carmine Tiano, director of occupational services with the Provincial Building and Construction Trades Council of Ontario in the Greater Toronto Area. “Some in the non-union sector also use contract agency workers, so researchers have a hard time going in and looking at those employers where the workers aren’t organized.” In spite of the many questions that the IWH study did not address, Dr. Amick thinks that the research is important for several reasons. “Unions are an important actor in the labour market, and consequently, the impact that unions may have on health and safety is fundamentally important to understand — if there is an effect.” From a public-policy perspective, the study seeks to address a debate relating to the practice in some municipalities in Ontario that award contracts only to union-certified employers in the construction sector. “Part of that logic for that is that they are better — for health and safety, for performance,” Dr. Amick says. “But there are groups that debate that assertion.” As the IWH study is based on linked administrative data, it can only suggest the practices that might have contributed to the union safety effect. The authors conclude that the limitations of the IWH study are similar to those found in any study using linked administrative data.

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“Future research should collect primary data to better measure resources committed to oh&s as well as the policies, procedures and practices the resources are intended to influence,” the study notes. To delve into some of these unknowns, the IWH has recently begun a workplace-climate study that will collect and analyze such primary data. “We have funding from the Ontario Ministry of Labour from the Research Opportunities Program to try to understand whether part of this observed difference [the union safety effect] is due to organizational policies and practices and training,” Dr. Amick says. “Our goal is to try to understand what is being done well at these worksites and to really see what the differences are.” The MOL-sponsored study of 15,000 firms, which will collect primary data to identify practices that contribute to the union safety effect, is expected to be made available next summer. PROTECTING THE WEAKEST LINKS The most vulnerable workers are those who work for smaller, non-union employers. Fear of reporting ac-

THE SHAPING HAND OF UNIONS: A EUROPEAN PERSPECTIVE The union safety effect is a widely debated topic that, to date, has yielded little consensus. To assess the effectiveness of safety representatives’ activities on occupational health, a project called The Impact of Safety Representatives on Occupational Health: A European Perspective was launched in 2006 by the European Trade Union Institute (ETUI) for Research, Education, Health and Safety in Brussels. According to the ETUI paper, the conditions influencing the effectiveness of union representation on workplace safety include macro social and political conditions, conditions within companies, the structure and organization of safety representatives, the approaches and activities of safety representatives and the impact of unions and safety representatives on interventions and outcomes. Although the impact of safety representatives on workplace safety has rarely been included on the policy and research agenda, the ETUI paper concludes that available knowledge and research supports the finding that unions, workers’ representation and safety representatives constitute a key, powerful force for improving workers’ health and safety in the European Union.

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cidents or unsafe conditions — let alone of refusing unsafe work — is believed by many to be widespread and a major threat to safety, the IWH study suggests. “Reporting accidents, health and safety violations, in certain places, would be your ticket to layoff,” Tiano says. “However, in a unionized environment, it is easier for workers to meet the reporting obligations, and if there is a reprisal, there is a body that will fight for them and protect them.” Tiano adds that unionized workplaces spend more time training employees on their reporting obligations. That, she says, will translate into a higher incidence of reporting in a unionized setting. Strickland says the mere act of reporting leads to better safety outcomes. “You are reporting your nearmisses, for example, and all kinds of issues on the job that, if not reported, could lead to more critical injury.” But the lack of reporting does not necessarily stem from deliberate suppression — it can also arise from a lack of knowledge or resources, particularly in the case of smaller firms. “The question is, how do we give resources to smaller employers to help them fully understand the reporting environment?” asks Andrew Pariser, chair of the health and safety committee with the Residential Construction Council of Ontario in Vaughan. “Health and safety has gotten more complex. If you look at the size of the Green Book in the 1980s versus today, there is no comparison,” Pariser says, referring to the handbook Occupational Health and Safety Act and Regulations for Construction Projects. When studying the impact of union presence on safety outcomes, it is important to bear in mind that safety, when pursued in a disciplined manner over the long term, is good for both businesses and employees. “If you have a safe workplace, you have less incidents, less injury, less property damage, less downtime,” says Kari Harris, vice president of health and safety at EllisDon Corporation in London, Ontario. “That said, the investment in a safe workplace is twofold. Because with a safe workplace, you will often see better production, a healthier workplace and a more engaged workforce — they are all very interconnected in the way they operate.” Moro concurs. “Putting the money, effort and time into safety and being proactive in the long run makes the jobs run quicker, with better quality and more efficiently because of the atmosphere,” she says. “When a site is clean and safe, workers can get the job done more easily, and they tend to show more respect for the site as well. Maybe they will spend the extra effort to complete a job really nicely, so quality improves.” That being said, safe jobsites cannot be achieved merely by following rules; there needs to be a significant cultural transformation throughout the entire organization. “I believe that safety has to start from the

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The mere act of reporting leads to better safety outcomes. top down,” Moro adds. “If the employers see safety as a priority, then the workers are going to see safety as a priority. So I think it is imperative that an employer is putting two feet into a safety program and filtering it all the way down to the workers.” SAFETY ON ALL FRONTS As Harris points out, a safety culture requires a substantial, long-term commitment from the entire organization. At EllisDon, safety planning for projects begins long before the shovels hit the ground. The company has instituted mandatory requirements for sub-trades and assistance for those who have difficulty complying. “Engaging everybody at all levels throughout the organization has been a large part of our success,” Harris says. “Everybody here has responsibility to ensure safety — from the chief executive officer all the way down to the workers, as it is part of our core values that safety comes first before production, schedule, operations, anything. So with that, people are empowered.” Employers who understand the importance of safety tend to see unions as partners. “Continuous safety improvement is a collaborative effort of unions, of workers, of employers, of government, of safety associations,” Harris says. “We all have the same desire to do our best. I think as long as we work together, we can move it towards that.” Ensuring that workers have basic safety training is another factor. “Training costs a lot of money for employers,” Moro notes. “When the union is there to back them up and provide this training, that is a major weight and burden off an employer.” Moro points out that unions will also offer support to employees who need help, such as processing a WSIB claim. And unions can shape workers’ attitudes toward safety in the long run. According to Harris, workers have to go through a process when they join a union. “They are certainly vetted through the union’s onboarding process, and additionally, their work history stays with the union. Workers are required to attend training through the apprenticeship programs prior to entering the workplace,” she says. Tiano believes that the issue of worker safety has re-

ceived minimal attention and calls for a major public awareness campaign. “When was the last time you saw a public-service announcement on prevention and a worker’s right to refuse unsafe work?” she questions. “Look at Mothers Against Drunk Drivers (MADD). It is out there. There needs to be a strategy for getting safety into the public discussion. Then you can start to change the culture.” Harris agrees that safety needs to have a broad appeal. “I think if we can make an emotional appeal to people that safety is everywhere and not just in your workplace, it changes their mindset. And that is certainly how we try to target our employees — and even the general public — when we are working in busy public areas where we have to be very mindful of vehicular and pedestrian traffic. Having that emotional appeal just takes it to that next level.” A campaign that changes the thinking of the average Canadian would work on several levels. For one, it may be the only way to reach the smaller firms, which number 38,000 in Ontario alone. As well, the message will reach buyers and politicians who, ultimately, have the power to bring about changes. For Dr. Amick, the difference in occupational health and safety performance between unionized and non-unionized construction firms is clear. He points to the IWH study’s findings as a “fairly persuasive pattern,” which leads to the conclusion that in union-certified workplaces, management and leadership encourage reporting and that workers feel protected by labour advocates when doing so. “There are a lot of questions that this study raises rather than answers,” he acknowledges. “But we are very confident of our findings.” Follow us on Twitter @OHSCanada

Jacob Stoller is a writer in Toronto.

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ELECTRICAL HAZARDS

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BY DONALEE MOULTON From a light bulb to a laptop, electricity powers depends. But the energy that gives us illumination can also take the light of life out of workers who come into contact with it. While we have made big strides in learning how to use electricity safely, we have yet to master the art of preventing electrical energy from taking its toll.

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“Electricity has been identified as the ‘silent killer’ for a reason.”

n late August, as country-music icon Shania Twain was hitting a high note at the Staples Center in downtown Los Angeles, an explosion ripped through a 19-storey building nearby. Two people were taken to hospital, while hundreds of others in 12 surrounding buildings — including Twain — were temporarily left in the dark. The cause of the explosion, quickly extinguished by 160 firefighters who had rushed to the scene, was believed to be an electrical generator in the basement. Electrical accidents also took a fatal toll on workers in Ontario this summer. In July, a 39-year-old man died after being electrocuted at an automotive manufacturing plant in Richmond Hill in the Greater Toronto Area. A month later, a 26-year-old employee of an electrical contractor became trapped by an aerial work platform and died while working on a job in Guelph, Ontario. The fact that injuries caused by electricity are often deadly is not surprising. According to Sam Agnew, electrical-studies coordinator at Centennial College in Burlington, Ontario, a lot of electrical work is done at heights, and the risk of falls and collisions can be significant. “It is not just electricity itself that is an issue,” he says. “It is the environment.” The most common injury from contacting live electrical systems is electric shock, which can cause heart attacks and serious burns. But electric shock through materials like water, wet clothing and equipment casings are also common hazards, says Dave Shanahan, CSA Group’s project manager of health and safety standards in Toronto. “Electricity can easily pass through conductive materials with little degradation in power. It can also pass through semi-conductive materials over short distances,” Shanahan explains. For example, water is a semi-conductive material that, in its pure form, conducts electricity with some degradation over a considerable distance. But when it is contaminated with salts and other electrolytes, it becomes a strong conductor with a great potential for electric shock. “In workplaces with multiple sources of electrical power, electrical leaking around non-insulated equipment, the presence of static electricity and the risk of shock and sudden discharges may be compounded significantly,” Shanahan warns. A worker can also be injured by an arc flash — a sudden and instant spark created when the electric current flowing through an insulated object momentarily finds an alternative path through a generally non-conductive medium, such as air. “It is like an explosion,” says Agnew, a licenced

master electrician. “You get third-degree burns, and the air becomes toxic. The high temperature vapourizes a lot of material.” DEADLY CONTACT Working around live wires poses the greatest threat for significant injury and escalates the risks of workers accidentally coming into contact with a live conductor. Although most electrical work does not need to involve live wires, workers often end up doing so, “because it is more convenient, or there is pressure from the employer or the customer,” Agnew suggests. Turning off power to work on wires and equipment can be time-consuming and disruptive, he adds. Despite the potential harm that comes with contacting live electricity, electrical-related injuries are not widely prevalent. “Out of all reportable injuries in our industry, electrical injuries are actually the lowest denominator,” says Wouter van Halderen, manager of safety and standards with the Canadian Electricity Association (CEA) in Ottawa. Last year, 75 electricity-related accidents were reported to the Ontario Ministry of Labour. The toll included two fatalities and six critical injuries. These numbers were down from 2013, when there were 96 injuries, including eight fatalities and 12 critical injuries. However, these numbers may not reflect the actual prevalence of electrical injuries, according to former Ministry spokesperson William Lin in Toronto. “This represents data that was reported to the ministry and may not represent what actually occurred at the workplace.” According to the Association of Workers’ Compensation Boards of Canada, 600 to 800 people experience workplace electrical accidents annually. And injuries are often serious when they do happen. In Ontario, nearly half of all electrical fatalities are related to high-voltage equipment. Of that figure, overhead power lines are the cause of 80 per cent of the fatalities, says Joel Moody, a strategic safety analyst with the Electrical Safety Authority, a safety regulator and advocate in Mississauga. STAYING VIGILANT In view of the danger inherent in working with electrical sources, the training that utility workers receive is often extensive, and safety practices are usually rigorously implemented and followed. For utility workers at NB Power, the risk of electrical injuries is reduced by following four safety steps: sizing up the job; spotting the hazards; controlling the hazards; and carrying out the plan. All workers are required to complete a “tail-

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workers is inattentiveness. “The most common mistake is lack of awareness of the danger,” Shanahan says. “Electricity has been identified as the ‘silent killer’ for a reason. You cannot see it. You cannot smell it. And most the time, you cannot feel it or hear it — until it is too late,” he notes. “So awareness of the hazard and precautions to insulate workers from the potential danger are necessary — even when we have well-designed electrical systems.” Workers, even well-trained ones, can become complacent, tired or eager to get home. “Incidents usually happen end-of-day,” Moody notes, adding that the level of caution workers demonstrate at the beginning of a day may not be the same as at the end. THE BIG PICTURE Concentrating on the job at hand helps to keep danger at bay, but so does taking a macro view of the surroundings in which that job is performed. For example, electrical or other workers who are putting a conduit in the floor need to look at the entire floor. If it is wet, the risk of slipping and falling increases. “You are not working in a bubble. Be aware of what is going on around you,” Agnew recommends. Training is a crucial and often legally mandated component of ensuring electrical safety on the job. “A well-designed and -managed safety program is vital to the control of electrical hazards,” Shanahan says. “Because electricity is silent and invisible, it is often not considered as an important element in a company’s safety program until a bad accident occurs to bring [it] to the forefront,” he adds. “Companies definitely need to treat electricity with the respect it deserves and make electrical safety a major part of their health and safety initiatives.” Bernie Mazerolle, NB Power’s safety champion, is likely to agree. “In the electrical trade, there is new equipment showing up all the time,” Mazerolle says. “Workers need to be trained on this equipment.” Being comprehensive, both in terms of the training content and who receives the training, is key to reducing injuries. “When working in live working conditions, a solid health and safety program based on work methods and best practices is crucial for the safety of our workers,” van Halderen says. He reports that one of the most notable achievements in this area is the CEA member initiative to raise the bar on workplace electrical safety through the development of a live-working guideline for use by member utilities. And there is always room for regulatory frameworks to play a role. Across Canada, the

IMAGE: HEMERA TECHNOLOGIES / ABLESTOCK/THINKSTOCK

board conference form” for every job. “When filled out properly, the information provided lists the work location, emergency-response plan, information on what the job is for that day, who will be working onsite, all standards and methods which apply to the job, all hazards and the controls for each are talked about and checked off,” says Moncton-based NB Power safety champion Shane Dunfield, who works with emergency-response teams and contractors to educate workers on how to work safely around electricity. Apart from taking safety precautions, common sense needs to prevail onsite. For example, much of the risk of bodily harm arising from arc flash can be reduced by wearing proper protective clothing. At NB Power, “the use of arc-flash clothing is mandatory for all workers who work on or near energized conductors or equipment,” Dunfield reports. “This year, for all linemen who perform rubber [insulating] glove work, the company has created a Hot Line Refresher training course to help bring everyone back to the basics of what a rubber glove is all about and have everyone across the province on the same page.” While utility workers are well-trained to work around high-voltage equipment, other workers, such as arborists, landscapers and roofers, may not have the same level of training, Moody suggests. In 2013, 21-year-old Jeremy Bowley died and four of his co-workers were injured — one critically — when a large, outdoor tent they were erecting for a wedding near Watford, Ontario contacted a power line. The six workers, all under 25 years of age, were employed with an event-planning company. Conducting regular inspections to anticipate and detect potential problems is key. Dale Kerr, chief operating officer with GRG Building Consultants Inc. in Newmarket, Ontario, recommends doing an infrared scan of the mainbreaker panels and switchgear on an annual basis. “The infrared scan identifies hot spots, which indicate a breaker that is overheating and may fail,” Kerr explains. “Electrical rooms should be equipped with a heat detector that is regularly inspected and tested and is not more than 10 years old.” Ensuring that equipment is kept in good working order helps to bolster worker safety. Power tools or gear with burned or damaged cords or electrical components should not be used, and electrical extension cords should be kept out of high-traffic areas, Shanahan advises. Frayed or damaged wiring and cables should be reported immediately. But danger does not lie only in the hardware. One of the greatest safety risks to electrical

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OHS e-

A well-designed and -managed safety program is vital to the control of electrical hazards.

Occupational Health and Safety Act (OHSA) demands employers take every precaution reasonable in the circumstances for the protection of a worker. “The OHSA is based on the principle that workplace parties are in the best position to identify and address workplace hazards,” Lin says. “[But] the OHSA makes it clear that employers have the greatest responsibility with respect to health and safety in the workplace.” That being said, clarity may be less definitive on the job site. Moody points out that the question often lies in how regulations are interpreted on the ground. “The regulations, as they are written, are very clear about the company’s obligations and the worker’s obligation. The issue is how they are put into practice.” A NEW VIEW Creating a safety culture that stresses awareness and education takes time and dedication. It may also require new ways of thinking about training. At NB Power, the company is shifting from a compliance-based safety culture to one that is committed to the consistent application of existing safety standards. Its health and safety program is built on a conventional safety-management system, but is strengthened by the inclusion of a psychological strategy. This unique safety program is promoted under the banner, “We Don’t Need a Better Hard Hat”, and is based

BACK TO BASICS

Preventing electrical accidents requires a broad-based look at potential hazards in the environment and keeping equipment and components in good working order. Dale Kerr, a professional engineer and author of a student manual on physical building maintenance prepared for the Association of Condominium Managers of Ontario, recommends the following: • Electrical rooms should be ventilated adequately so as to prevent overheating; • In view that connections loosen over time as the wiring expands and contracts in response to changing temperatures and use, connections should be retightened by an electrical contractor annually. This is especially true of aluminum wiring; • If there is aluminum wiring in a building, consider replacing it with copper; and • Keep all surfaces free of dust and dirt to prevent overheating and arcing. The most basic safety tip is to disconnect power before working on it. “Apparently, many electricians get lazy and don’t always bother shutting off the power before they do work,” Kerr says. A breaker that is shut off should be locked in the “off” position, so that no one will unwittingly turn it back on while the electrician is working, he adds.

on an innovative model. “The program was created in recognition of the need to take a more holistic approach to ensure the health and safety of the employees, while at the same time contributing to overall organizational health,” says Duff Boyd, NB Power’s director of health and safety in Fredericton. According to the CEA, this psychological component of safety needs to be developed to achieve an injury-free workplace. In its 2014 report on health and safety performance trends, the CEA applauds the Rightof-Way Boot Camp developed by AltaLink, Alberta’s largest regulated electricity transmission company, in partnership with major contractors. The interactive training is aimed at sharing best practices for safety, environment, stakeholder relations and communication on AltaLink’s rights-of-way. The initiative was developed following an increased number of safety, environmental and landowner concerns across all projects that indicated performance could deteriorate substantially with an increase in project volumes. According to the CEA report, the training targets audiences who plan, manage, supervise or do work on the rights-of-way and have the highest impact on improving safety. The format allows participants to learn through hands-on sessions with real-life situations. Training topics included permitting, environment, construction, operations, first-aid, customer consultation and Aboriginal relations. Many firms across Canada are trying to improve the safety of electrical workers. This includes having more effective communication on health and safety responsibilities, increasing worker training, implementing software systems to improve workplace inspections and access to procedures, conducting more effective audits and putting in place corrective action programs, comprehensive contractor-safetymanagement programs and improved returnto-work processes for injured workers, according to van Halderen. While an employer’s health-and-safety-policy statements are an effective way to communicate an organization’s commitment to occupational safety, “senior management attitudes [and] relationships between employers and workers play a part in determining how health and safety are viewed and addressed in the workplace,” Lin says. “At the end of the day,” according to Moody, “it is about creating an environment that is safe for workers.” Follow us on Twitter @OHSCanada

Donalee Moulton is a writer in Halifax.

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EXPERIENCE

SAFETY! DIGITIZATION AND THE CHANGING FACE OF WORKPLACES By Jean Lian

he changing nature of the way we work due to digitization throws up challenges as well as opportunities. This was the key message of the speech delivered by Germany’s federal labour minister, Andreas Nahles, at the A+A 2015 International Trade Fair with Congress for Safety, Security and Health at Work, held in Duesseldorf on October 27. More than 65,000 visitors and 1,887 exhibitors from 57 countries attended the four-day occupational health and safety event. “Technology enthuses us, thrills us. We are experiencing a transformation that is really exciting these days,” says Nahles, referring to the rise of flexible workplaces made possible by digitization, which has effected a “radical change” in the way we work today. Communication between colleagues no longer takes place within a stipulated time of day or at a specific location. “You are mobile in the true sense of the word,” Nahles says. While she is quick to point out that flexible hours do not work for every job, digitization can be a blessing. “Our work actually adapts to our needs. We have new opportunities to reconcile work and family to get the work-life balance right.” The downside of that, however, is permanent

Germany’s federal labour minister Andreas Nahles

accessibility and the blurring of lines between professional and private life, giving rise to longer work hours and burnout. “We know that long working hours now constitute the main reason for urban burnout,” she adds. Noting that the regulation of working hours is an important issue, Nahles cites two companies that have taken progressive steps to respond to the transition from a conventional nine-to-five workday to a more flexible schedule.

THE NEW COLLEAGUE By 2018, global sales of industrial robots will, on average, grow year on year by 15 per cent, with the number of units sold doubling to around 400,000 units. China, Japan, the United States of America, South Korea and Germany are the five major markets representing 70 per cent of total sales volume, according to the 2015 World Robot Statistics issued by the International Federation of Robotics (IFR) in Frankfurt on September 30. The recent statistics reflect the findings of a 2011 study by market-research firm Metra Martech in London, United Kingdom. Positive Impact of Industrial Robots on Employment concluded that robotics would be a major driver for global job creation over the next five years. According to a November 2011 statement issued by the IFR, one million industrial robots in operation were directly responsible for the creation of close to three million jobs. The growth in the use of robots over the next five years would result in the creation of one million high-quality jobs around the world.

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The report focused on six countries — Brazil, China, Germany, Japan, the Republic of Korea and the United States of America — which are considered to be representative of the global economy. It studied firms with more than 250 employees in the automotive, electronic, food and beverage, plastics, chemicals and pharmaceuticals sectors. Jobs that are unsafe or impossible for humans to perform and those that are not economically viable in a high-wage economy were cited as critical areas in the growth of robotic deployment. Manufacturing employment increased in nearly every major industrialized country between 2000 and 2008, even as the use of robotics increased sharply. The report cited Japan and Germany as two of the leading key-robotics-using countries. “The German and Japanese (automotive) manufacturers who have invested heavily in automation and robots have maintained a lead in the quality market. Germany has increased the number of people employed in the automotive sector,” the study reads.

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Automobile manufacturer BMW now recognizes mobile work performed at flexible sites as part of work performed during regular hours — a departure from the past, when it considered work outside of official hours as an add-on. Bosch is another company that has adopted a more fluid work schedule. The multinational engineering and electronics company has come to an agreement with IG-Metall, Germany’s metal-workers’ union and Europe’s largest industrial union, permitting employees — should they choose to do so — to leave in the afternoon to see to their familial obligations and continue working during the night. However, this flexible work arrangement comes at the expense of overtime pay. “If the employee decides deliberately to complete the job at night after having some private life, then we will also forgo add-on payments for the night shift,” Nahles says, calling this a “new flexibility compromise” and an example of how companies have responded to this transformation. “BMW and Bosch have clearly shown that this is possible.” As employment structures and schedules evolve, employment regulations should also adapt accordingly. “All our work organizations, labour law is focused on classical employment. If this employment changes in the way I describe it, then we also have to wonder upon how we can respond in terms of OSHA [Occupational Safety and Health Act] and in terms of political frameworks.” She cites the rising trend of precarious employment, in which companies define themselves as platforms instead of employers. For Nahles, such self-employment schemes are not compatible with Germany’s social-welfare-state system. “The question of occupational safety or health is also a question of who controls and monitors these self-employed workers,” she says. “In the long run, this will collide with our aim to create decent work and strike the right work-life balance.” Another emerging trend is the increasing use of robots in workplaces. “This is the robot who is no longer in the cage. He has escaped from his cage, and he is sitting straight next to his human colleague.” Although the use of robots will result in job losses in some areas, Nahles says she is convinced that “this will bring about new jobs, other types of jobs.” As robots perform tasks that are monotonous, require low skill or are simply too dangerous for humans to do, the need for skilled workers will become greater. With one million unemployed and 600,000 reported vacancies in Germany’s labour market, “we will require even more skilled and qualified workers than today. Qualification skill building will be the decisive point to survive this transformation process,” Nahles stresses. For companies to say that competing work demands make it prohibitive for employers to send their workers for training is unacceptable. “We have to organize things better. This is part of good leadership in companies,” Nahles says. “You have to shift gears now and not wait for the next crisis.” Follow us on Twitter @OHSCanada

The German Occupational Safety and Health Awards took place at the opening ceremony on October 27. The merging of fashion and function is a major trend in protective apparel showcased at a series of fashion shows.

Gye Wan Bae from Korea Occupational Safety & Health Agency gave an update on the Seoul Declaration and its blueprint for prevention culture.

A live demonstration of putting out a fire by Asico Firetrainer. www.ohscanada.com

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REACHING OUT TO YOUNG MINDS By Jean Lian

uilding prevention culture among young people was the focus of the presentation that Steve Horvath, president of the Hamilton, Ontariobased Canadian Centre for Occupational Health and Safety, gave at a conference at the A+A 2015 trade fair and convention on October 28. The International Labour Organization (ILO) and International Social The five panelists who spoke at the ILO-ISSA conference were (from left): Lars HoffSecurity Association (ISSA) conference man, Siemens AG, Germany; Jane White, Institution of Occupational Safety and on Challenges and Solutions in a Global Health, United Kingdom; Steve Horvath, Canadian Centre for Occupational Health Economy — Global Action for Preven- and Safety, Canada; Julia Flintrop, European Agency for Safety and Health at tion featured a panel of five speakers Work, Spain; Gye Wan Bae, ISSA, Republic of Korea; and moderator Hans-Horst from Korea, Spain, Canada, the United Konkolewsky, secretary-general of ISSA in Geneva. Kingdom and Germany. Each speaker gave an update on workplace health and safety developments One of the key findings from the focus-group discussions in their respective areas. is that young people have a problem not with the content, but Canada’s efforts to build a prevention culture among with the way and the channels through which it was delivered. young people have been around for several decades. Hor- “The concept they had in their minds is about empowerment,” vath cites a province that mandates every 14-year-old in the Horvath notes. “They understood the key concepts that we are school system to take a health and safety program in order to going to teach them, things like rights. In Canada, we teach get a graduating diploma. “Every employer has asked for this the three fundamental rights: the right to know, the right to certificate that they [students] passed. We put this program participate and the right to refuse unsafe work.” together, highly effective,” Horvath says. What young workers do not understand is how to apply In Ontario, oh&s issues are integrated into the school cur- that knowledge in a real workplace. “They don’t want to be riculum. At the Junior Kindergarten level, the curriculum that person walking around and say, ‘You are not wearing addresses the importance of wearing a helmet when riding your safety glasses.’ The way they look at it is, the information a bicycle. “It is a concept that kids can get to very early, and you are presenting has to be sharable.” they understand it.” Horvath points outs that young people’s concept of comAs students progress into munity is very different. For health and safety education tarthe education system, “you geting youths to be effective, the content has to be presented in start talking at a later age the a participative, interactive fashion. For example, if they receive concept of wearing a helmet a YouTube clip or have access to a web portal with a gallery of when you are playing sports,” photographs that allows them to upload their own pictures, he says, citing hockey as an post comments and conduct discussions, it creates an online example. “And that progrescommunity that becomes an extension of their networks. sion works into the culture of “Whatever you do, it has to be interactive,” Horvath says, when I walk into a workplace, stressing that the linear dissemination of information does not I simply see it as acceptable jive with the learning style of young people today. “They have that I would then wear a hard that networking concept, so they don’t want to be isolated.” hat when I am in a situation Instead of presenting oh&s information in the traditional that poses a risk.” linear fashion, the CCOHS is creating an immersive enviWhile integrating health and safety into the education ronment that puts more emphasis on individualized learnsystem is a good step, are students applying the knowledge ing and communication. “You put them into an environment that they gained in school? To understand better if existing and they will go from one to the next,” Horvath says. “This is programs are effective in spreading the safety message, the the way their minds are working. This is the only way you are CCOHS established a focus group comprising young workers going to change their concept of how they are working.” Follow us on Twitter @OHSCanada ranging from 14-year-olds to early university students.

The linear dissemination of information does not jive with the learning style of young people today.

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Canadian Presence at A+A

Canada and the United States were among the 57 countries that showcased their workplace-safety products and services at A+A. Fifty and 16 companies from the United States and Canada respectively exhibited their products over the four-day event. Here is a look at some of the oh&s offerings from Canada:

Search-and-Rescue Canine Harness

Max Gear Inc., Fergus, Ontario

Max Gear’s canine harness, which was developed in collaboration with Toronto’s Ryerson University and the Ontario Provincial Police, features a camera mounted on it. Dogs equipped with this harness can be deployed in search-and-rescue missions, in which people may be trapped under rubble from collapsed buildings. Through images captured by the camera, rescuers outside can assess the state of the victim, note the circumstances in which he or she is trapped and determine the best rescue method.

Safety Footwear

Ergonomic Chairs

Mellow Walk Footwear, Toronto The way a shoe looks and feels is as important as the protection it offers. Mellow Walk has created a collection of safety shoes that not only serve a protection function, but also look attractive enough that women will want to wear them in the office, in the plant and around town. The shoe upper of Vanessa 412109 is made of Kashmir leather with a removable thermal rubber insole. Equipped with a steel toe, it is puncture-resistant and recommended for use in light manufacturing, management, logistics, warehousing, transportation, automotive and hydro industries. The Vanessa line is also slip-tested to CSA standard Z19509/ISO 13287.

Synetik, Joliette, Quebec The Synergo II 24h ergonomic chair reduces muscular effort by promoting correct body alignment and work posture. Available in various options and configurations to optimize the user’s work environment, the chair has multiple adjustments that provide optimal comfort while at work. The curved backrest adapts to the body shape of the worker, and the reinforced structure gives it a unique look. It is ideal for use over long periods or for shift work and suitable for many industrial, commercial and office applications.

All-Weather Safety Shoes

Exosphere Anchor System

Baffin Industrial, Stoney Creek, Ontario

Tuff Built Products Inc., Winnipeg This mobile anchor system provides overhead fall-protection anchor points in a lightweight and easy-to-set-up package. At 3,350 lbs, the Exosphere anchor system provides up to fourstage adjustable hydraulic freestanding structures. With counterweighted systems up to 42 inches tall with eightinch offsets, the system has a maximum set-up time of 90 seconds and a 30-second emergency-rescue capability. Custom fabrication and engineering solutions are available to suit operational needs.

The THOR HexFlex® series of premium-performance, allweather leather work boots is made of waterproof, breathable membranes. The patented HexFlex® outsole design allows for maximum comfort and flexibility that reflects the natural movement of the foot. The tread pattern and flexibility provide slip-resistance through increased contact with the floor, while stabilizer inserts give structural integrity to the arch, minimizing reverse flex and ladder fatigue. CSA/ATSM approved, each boot has a lightweight aluminum toe and non-metallic safety plate that offers the wearer puncture protection.

Vibration-Dampening Black Maxx Gloves

Impacto Protective Products Inc., Belleville, Ontario These nylon- or cotton-knitted vibration-dampening gloves are coated with “pods” of lightweight cellular chloroprene. By using encapsulated air to cushion and dampen vibration emitted from pneumatic and impact tools, they help to reduce fatigue in hands, arms and shoulders, while providing comfort without compromising dexterity. They also have a lightweight feel and reduced bunching. www.ohscanada.com

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EMERGING SAFETY CHALLENGES

ental stress and constant availability stemming from the digital revolution dominated the panel discussion at the opening ceremony of the A+A International Trade Fair and Congress on October 27. Mental Stress, Demographic Change, Digital Revolution — New Challenges for Occupational Safety and Health was the theme of the panel discussion, featuring five government, industry and union representatives from Germany. Alexander Gunkel, member of the managing board with the Federation of German Employers’ Association, declares that there is “hardly a workplace that has not changed due to digitization,” which is reaching a new stage. “You should not be afraid of this development, because that offers a lot of chances to a lot of employees.” He points out that the flexibility afforded by digital communication also gives employees an opportunity to balance family and work demands better. “This is a very positive development for us.” But there are always two sides to a coin. Annelie Buntenbach, member of the managing board with the Federation of German Trade Unions, voices her concerns that employees are feeling the pressure of constant availability and the blurring of lines between work and private life. “For us, it is decisive that in this digitization process, the core determination rights are preserved, the rights and abilities for employees to shape the working process themselves, so that the flexibility holds benefits for employees, a better worklife balance.” Buntenbach thinks that a legal framework can play a role to ensure that corporate agreements protect the rights of workers. “We need to make it perfectly clear that resting times are not affected,” she stresses. Interlinking work with leisure time may be the reality for many people today, but it is by no means a job requirement, according to Stefan Draeger, chief executive officer of Draegerwerk AG & Co. “Nobody asks for this and requires this, and this is, for the most part, based on own initiative,” Draeger says. He points out that many of his company’s employees choose to make themselves available to private news and messages all the time. “As employers, we don’t require this of our employees,” he stresses. “I think this is more driven by the individual person.” Draeger cites his daughter as an example. “My youngest daughter is 15. She is really cool about this and switches her mobile off for half a day, goes offline, and she wonders why people get upset that she can’t be reached.” For Isabel Rothe, president of the Federal Institute for

“We need to make it perfectly clear that resting times are not affected.”

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Occupational Safety and Health, constant availability is nothing new, and we have already seen this phenomenon in varying degrees. The increasingly extensive use of digital devices has brought this issue to the forefront, and existing regulations have already addressed this issue. “We don’t think we have to come up with completely new rules. We have existing rules like the resting time, and the question is simply, how we can actually build in the resting time?” Michael Koll, head of unit health and safety at work with the Federal Ministry of Labour and Social Affairs, agrees. “The legal framework already exists in labour-protection law, and that gives leeway for collective agreements and company agreements.” According to Rothe, many jobs today that require employees to use their cognitive and emotional abilities have increased mental demands on workers. “We need to improve our corporate integration methodology. The question is, how do we deal with phases of mental stress in employees? We have to learn to expand safety and health at work.” Buntenbach cites the results of an employee survey, which also fields responses about work stress, that the Federation of German Trade Unions conducts regularly. According to Buntenbach, more than 60 per cent of respondents indicated that they had to do more work in the same amount of time, 56 per cent reported working under time pressure and only half said that they could continue working until they retire. “The acceleration caused by digitization is part of the reason for that,” Buntenbach says. “What is new is the issue of project work that has asserted itself. Very often, people are given responsibility for implementing one project, but they don’t have the time nor resources to do this. And this is why they work through weekends.” She adds that digitization has accelerated the coordination and harmonization process and shortened the lead time between projects. “You no longer have to send paperbased information; you can do it digitally. This speeds up the process, and at the expense of the people.” Gunkel stresses that mental health is important in order to keep the employees up to full performance, while Rothe thinks that more attention needs to be given to designing decent work. “This must be done within the framework of labour science; it must be done within the existing toolkit for safety and security at work. We need to take a more broad-based approach,” Rothe says. For Draeger, his way of managing mental stress from work is, simply, to switch off. “By taking a rest, taking more quality time for myself and my family, go for walks, nature — nothing sensational, really.” Jean Lian is editor of

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Product Highlights

From October 27 to 30, more than 65,000 visitors — of which 30 per cent came from outside of Germany — attended A+A 2015. South Korea was the partner country for this year’s event. With 24 million people in employment, “Korea is clearly an attractive market for suppliers of personal protection products and for solutions to ensure a safe and healthy workplace,” says Joachim Schaefer, managing director with Messe Duesseldorf. Below is a snapshot of safety products and solutions from around the world featured on the show floor.

LIFTKAR SAL Powered Stairclimber (Sano Deutschland GmbH)

Smixin Hand-Washing Station (Coenen Neuss GmbH & Co. KG) This self-contained hand-washing system includes full hand-washing functionality, paper distribution, a paper bin and a wall-mounting kit for easy installation anywhere. Its Smart Mixing Technology reduces water consumption by 90 per cent, while programs with pre-set washing cycles and touch-free sensor technology increase the quality of hand hygiene. The parameters of this handwashing station, such as the amount of soap distributed per hand-washing cycle, duration of the rinsing process and the pause between soaping and rinsing, can be adjusted to suit the needs of use in various settings.

Saliva-Based Drug Test (Dräger) The Dräger DrugCheck 3000 is a compact drug test that delivers reliable and tamper-proof results quickly and hygienically. Comprising a sampler for collecting saliva and a test cassette for analysis, this pocket-sized device tests for the five most frequently abused substances: cocaine, opiates, amphetamines, methamphetamines and cannabis. A colour indicator on the sampler will change to red when a sufficient amount of saliva has been collected. A line that appears next to each relevant class of substance indicates that the sample contains none of the substances tested, while the absence of a line indicates a positive result.

This easy-to-use hand truck can transport loads of up to 170 kilograms up and down the stairs without straining a worker’s back. A batterypowered climbing mechanism enables a load to be transported up the stairs efficiently and precisely. When going down, the motor acts like an eddy-current brake that allows the load to glide down smoothly, softly and safely without having to press any buttons. The LIFTKAR SAL hand truck comes in three motor sizes to offer optimum climbing performance, depending on the weight of the load.

Colour-Coded Protective Gloves (TraffiGlove Limited) Available in a trio of colours, these lightweight and seamless gloves utilize a colour-coded traffic-light system that shows, at a glance, whether workers are protected by wearing gloves with the proper cut-resistance. Red gloves offer Cut Level 1 protection for tasks that involve a low cut risk, such as general product handling and warehousing, while yellow gloves give a medium level of cut protection well-suited for construction, mechanical and electrical trades. Green gloves provide the highest level of cut-resistance for tasks, such as applying cladding and handling glass or sheet metal.

Niroflex Chainmail Apron (Niroflex)

3M™ Organic Vapour Servic Life Indicator Filters 6000i Series (3M) 3M’s new filter series 6000i for gas-vapour masks features a sensor that indicates, through a consumption meter, when a filter ought to be replaced. Rather than implement a standard change-out schedule for all workers, the indicator optimizes usage by allowing filters used in appropriate environments to be changed based on individual work hours, exposure levels, breathing patterns and environmental conditions.

Made from 100 per cent stainlesssteel chainmail, the Niroflex apron protects the upper bodies of those who work with knives from lacerations. Available in three sizes, its broad TPUX straps provide good fit and comfort, as well as clean easily without residue. Type 4.2 is recommended if pointed knives are used. It is also available in the form of an ambidextrous safety glove, made from welded ring mesh and patented metal clasp for easy and adjustable fastening.

www.ohscanada.com

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LAW FILE

FITNESS FOR DUTY

Put to the Test By Norm Keith

recent case that the British Columbia Human Rights Tribunal (BCHRT) heard in Prince George has brought to light employers’ dilemmas and oh&s repercussions associated with accommodation issues involving the growing use of medical marijuana across Canada. While employers are legally required to take “every reasonable precaution” to protect workers on the job, they also need to protect the rights of employees with legitimate disabilities who require medication — in some cases, medical marijuana — and to ensure that they do not face discrimination when doing so. The BCHRT case took this dilemma head-on in July, when it heard the grievance filed by John French, an employee of Selkin Logging Ltd. in Fraser Lake, British Columbia. French, who was dismissed for using marijuana to treat his cancer without a prescription or medical direction, alleged that his employer had discriminated against him on the grounds The BCHRT of physical disability, under section 13 of the Human Rights Code. decision would French, who was diagnosed with a reoccurrence of cancer while emlikely give ployed by Selkin, alleged — among other things — that he had been employers some fired for continuing to smoke marijuana on the job. welcome clarity Selkin, a contractor that employs roughly 25 employees, took on the limits the position that French had never had an authorization to possess of the duty to and smoke marijuana, commonly known as a “marijuana cart”. The accommodate. company also argued that French had not established any basis for his claim of discrimination, had failed to meet the bona fide occupational requirement (BFOR) test and could not be at work under the influence of a drug that would impair his ability to perform work. French’s supervisor was aware that he was using marijuana to treat his cancer and cancer-related symptoms. French usually shared six to eight joints a day with a co-worker during coffee and lunch breaks. The employer confronted French about his marijuana smoking only after several months of complaints by other employees and one safety-related incident, in which French had struck a moose with a truck owned by the employer. Marijuana was later found in the vehicle. At that juncture, the employer made it clear to French that the company had zero tolerance for drug use on the job. It also confirmed this position in a letter, clearly indicating that his employment would be terminated unless he discontinued 42

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his use of drugs before and during his normal working hours. French testified that he needed medical marijuana to manage his pain associated from his reoccurring cancer. But he could not produce a “marijuana card” or any evidence from a physician or medical practitioner to prove they had directed him to use medical marijuana to deal with his pain. Despite the lack of evidence of medical authorization for the use of marijuana, the tribunal was satisfied that French had established a prima facie case of discrimination, based on his disability and his use of marijuana to manage his pain and symptoms related to his cancer treatment. THE PROBLEM WITH MARIJUANA The adverse medical effects of marijuana are well-documented. Marijuana is part of the cannabinoid family, which includes hashish and hash oil. Marijuana’s short-term effects include forgetfulness, decreased concentration and slower reaction time. Its longer-term effects include the buildup of cancer-producing chemicals in the body, respiratory infections and schizophrenia. The next step in the tribunal’s analysis hinges on whether Selkin established the BFOR, a defence available to employers under section 13(4) of the Human Rights Code of British Columbia. The Supreme Court of Canada set out the following three-part test in Meiorin — a Supreme Court of Canada case that created a unified test to determine whether an employer has established a BFOR: • The standard is proposed rationally and connected to the performance of the job; • The employer adopted the standard in an honest and goodfaith belief that it is necessary for the fulfillment of a legitimate work-related purpose; and • The standard is reasonably necessary to accomplish the legitimate work-related purpose of the employer. In applying the legal tests to this case, the tribunal held that the employer’s zero-tolerance policy for drug use in the workplace had been created for safety reasons and properly linked to the performance of French’s job. It also held that the employer had adopted it in an honest belief that it was necessary to ensure a safe work environment and comply with provincial health and safety laws. Third, the policy was reasonably necessary, since the employer could not accommodate French’s marijuana smoking without medical support for his pain relief and without causing undue hardship to occupational health and safety. The tribunal also considered the relevant health and safety laws, in particular Regulation 4.20(1) and (2) of the Occupational Health and Safety Regulation, B.C. Reg. 296/197, which states that a person must not enter or remain at any workplace while his or her ability to work is affected by alcohol, a drug or a substance that may endanger the person or anyone else. It also stipulates that the employer must not

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knowingly permit a person to remain at any workplace while the person’s ability to work is affected by alcohol, a drug or a substance that could endanger the person or anyone else. LEARNING POINTS This case highlights several key issues. Since French’s marijuana use was not authorized and, thus, illegal, it could not be treated like any other ordinary medication or those that may have been taken for pain relief at work. Second, the existence of a zero-tolerance policy for drug or alcohol use at work was reasonable, even if there was no evidence that French was impaired and had put others directly at risk. Third, the employer’s delay in enforcing the policy and the initial tolerance by his supervisor of French’s marijuana use during coffee breaks did not prevent the company from enforcing it later. One of the ongoing challenges for employers in any human-rights case relating to disability is the extent to which the employer must accommodate the disability or special needs of an individual. The duty to accommodate to the point of undue hardship challenges employers and their legal counsel on how to be fair and reasonable to employees, yet enforce reasonable rules, especially those related to safety. Although the tribunal had expressed sympathy for French’s cancer and his emotional difficulties in dealing with its late diagnosis, it determined that his smoking of marijuana at work, without legal authorization and without medical authorization confirming that it was safe for him to do so, “was an accommodation which his employer could not prop-

erly abet in the circumstances.” The BCHRT decision would likely give employers some welcome clarity on the limits of the duty to accommodate, when balanced against the risk of workplace safety. The case underscores the importance of employers’ rights and responsibilities in enforcing general rules prohibiting the use of alcohol and drugs at or related to the workplace, which may take the form of a zero-tolerance policy. Such a policy must make explicit reference to the right of individuals to receive accommodation, up to the point of undue hardship for the employer and the safety of other workers and the public. Employers should put in place an employee-assistance program well before enforcing a zero-tolerance policy. In the event that a worker uses “medical marijuana” at work, he or she must provide a physician’s authorization and a medical marijuana card to the employer. The employee should also give the employer a reasonable amount of time to assess the nature of the work being performed, determine if the situation involves a safety-sensitive position and decide whether the medical prescription can be accommodated without putting others in harm’s way. Finally, a delay that can be reasonably explained by an employer in taking steps to enforce a zero-tolerance policy will necessarily preclude the law enforcement of such a policy, as in this case. Follow us on Twitter @OHSCanada

Norm Keith is a partner with Fasken Martineau DuMoulin LLP in Toronto.

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SAFETY GEAR

COLD-WEATHER PRODUCTS

The Big Chill By Jeff Cottrill

inter is back, and outdoor workers need to bundle up to guard themselves from seasonal chill. But full protection is not as simple as donning parkas, toques, gloves, scarves and boots. Cold-weather work wear needs to allow users to do their tasks easily, without diminishing movement and manual dexterity. In some cases, it also has to be compatible with other kinds of personal protective equipment (PPE). Some PPE companies resolve the compatibility issue by manufacturing safety garments with the additional function of cold protection. Workrite Uniform Co., a manufacturer of fire-resistant (FR) gear based in Oxnard, California, has a line of insulated FR outerwear designed to protect workers from both winter weather and burns from flash fires or arc flashes. “We design them and manufacture them with insulation materials to provide the cold-weather protection as well, which is also flame-resistant material,” explains Mark Saner, Workrite’s FR technical manager. Available products include coveralls, bib overalls, parkas and jackets. MSA, a safety-gear company in Cranberry Township, Pennsylvania, takes a similar approach by manufacturing three types of liners that can be worn with hard hats: flameresistant ones made out of inherently FR material; flame-retardant liners, which contain an FR coating on the outside; and standard-value liners that have no FR properties, but can still protect workers from the cold. “You put them on your head, just like a beanie. And then you would just put your hard hat overtop of it,” describes Ashley Gaworski, MSA’s product-line manager for industrial head-protection accessories, hearing and communications. Some of the liners have attachments that cover workers’ necks as well, she adds.

COLD COMFORT When one thinks of winter clothing, the mental picture is usually one of bulky outerwear that limits movement. But manufacturers of work clothing have begun taking into account the fact that many workers need to move around freely. “There are new materials that have come out in the last many years where they are thinner materials, and they still provide protection from the cold and from the wind, and from precipitation,” says Claudio Dente, president of Dentec Safety Specialists, a PPE distributor based in Newmarket, Ontario. “So we are seeing clothing being introduced or available on the marketplace that has a thinner protective barrier.” Workrite offers a version of winter clothing with “Thinsulate” insulation, which allows a greater range of motion. According to the company, Thinsulate garments provide 44 per cent more warmth than standard insulated FR clothing. “The garments are designed to try and reduce mobility is 44

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sues as best they can, and sometimes, it is a tradeoff,” Saner says. “But having the version with the Thinsulate gives some of that additional mobility capability, just because it is not as bulky as your standard insulating materials.” But it can be difficult to convince prospective customers to buy thinner products, says Joe Reaser, director of operations with Actionwear Saskatoon Inc. in Saskatchewan. Although many FR garments on the market are made of standard monocrylic fabrics like Nomex, but reprocessed with an insulation function, “they typically do not get too much into new products like that, new developments, because of worker resistance. The worker gets the garment, or feels the garment, just says, ‘That’s not bulky enough.’” As a result, some manufacturers add gratuitous weight Some to winter work garments to meet customer expectations. manufacturers Before investing in cold-weather protection, employers must examine add gratuitous the work environment, such as the temperatures and hazards to which weight to workers are exposed, Gaworski says. If the profession is not particularly winter work dangerous on an intrinsic level, all the employer may need is standard winter garments to liners, such as those offered by MSA. meet customer But cold air may not be the only threat on the work site in winter; there expectations. are other dangers like slippery surfaces, precipitation and exposures to fires or flashes, which require winter wear with FR capabilities covering the entire body. An important factor is that the garments have fabrics that are branded and come from recognized manufacturers, like fabric suppliers. Reaser advises against buying no-name fabrics that do not have the history or credibility behind them to ensure warmth or FR protection. “That has been a real issue in the market,” he notes. DOUBLE YOUR PROTECTION Juggling winter clothing with essential safety gear like fallprotection systems can be a challenge. But Saner says most safety harnesses are adjustable for different body sizes. “If you had one that was built to size, then that could be a problem,” he says. “But generally speaking, they are all adjustable.” Similarly, Workrite’s insulated hoods are designed to be oversized to fit over workers’ hard hats. In the case of FR clothing, Saner stresses that it is vital to wear an FR layer on the outside. “If you are going to unzip or roll your sleeve down or whatever, then the under layer needs to be FR as well,” he says. “You can take your jacket off. As long as you have got an FR shirt on underneath an FR coverall, you are fine.” Workrite’s insulated bibs and coveralls also have leg zip-

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PHOTOS (CLOCKWISE FROM TOP): ACTIONWEAR SASKATOON; WORKRITE UNIFORM CO.; MSA

pers that enable users to put them on while wearing protective boots or shoes: one can simply zip the leg back down once the garment is on, without risking danger by removing the foot protection. “There are some features built into them to accommodate for whatever else you are wearing, so you don’t have to change your boots or change your hard hat,” Saner explains. Many of Dentec’s winter products are designed to be inserted into traditional types of PPE. For example, the company distributes hand and foot warmers that can be inserted into safety gloves, shoes or work boots. Dentec also sells winter liners for hard hats. “Our series of winter liners has pockets in them,” Dente says. “You can insert the warmer into it, so you can have the warmth around your ear when you put the winter liner on.” Dentec also supplies winter footwear that protects Options for coldagainst slipping on ice. Trac- weather gear include tion aids on boots have ice Actionwear’s firecleats made of carbon tung- resistant parka sten steel, with tiny spikes that (top), Workrite’s inallow workers to walk easily sulated parka with reflective striping on slippery surfaces. He adds that his com- (bottom right) pany’s traction aids also take and MSA’s winter into consideration transition- liners for heads ing when working outdoors. (bottom left). “You are walking on ice for a little bit, then you are on asphalt, then you might walk on pavement and concrete and so forth. So our spikes give you the same type of traction on all those surfaces.” Other traction aids, available from such companies as Yaktrax in Vancouver and ICEtrekkers in Durham, North Carolina, are distributed in Canada via Vancouver-based Interex Industries. Cate Rodrigue, Interex’s sales and marketing coordinator, describes these aids as devices that workers can easily slip over their boots. They come with straps that connect to the worker’s boots to hold them on and prevent them from getting lost. “We sell a ton of them to people who are on work sites where they are outside all the time, in cooler climates,” Rodrigue says. Some of the traction aids feature rubber coils on the bottom. “As you walk, the rubber stretches and so does the coil: it opens out, and then when you put your foot down, the coil grips into the snow or the ice.” She adds that many of these traction aids are small enough to fit into pockets. Interex also distributes crampon-style spiked traction aids not unlike Dentec’s, but these tend to be less popular in the safety field. “You really need to be [on] ice and snow all the time when you are wearing them,” Rodrigue says, noting that the spikes can be “quite aggressive” on indoor surfaces. Despite frigid temperatures, many workers who perform physically strenuous tasks experience a rise in body heat. Interex supplies one product that can make adjustment for this — at least for the feet: Darn Tough Socks, a brand of pre-

mium merino-wool socks manufactured in Vermont. “Merino wool is actually a natural thermoregulator, which means that it adapts to your body’s temperature,” Rodrigue explains. “So if you are hot, it will actually help to cool your feet down by taking all of the moisture away from your foot. If your foot is cold, it will help to warm it up. This is what it does for sheep, and it works as fibre and coating as well.” Actionwear also offers special winter garments that can adapt to changing body heat, including garments with shells featuring zip-in, zip-out liners. But this innovation has yet to take off commercially, Reaser says. A trend that he has observed over the past 20 years of Actionwear’s business is that workers and employers have been more likely to adapt the donning of winter clothing itself — and even the work environment. “Instead of having matching numbers of parkas and boots being purchased, a lot of people were wearing their parka over their coverall, and if it was cold, they would wear an FR fleece sweat pant under the coverall,” he notes. Reaser says some companies have made efforts to provide climate control for workers with wind blocks, walls, fences or other structures to block the wind and designated areas for employees or vehicles to warm up or cool down. As with all kinds of PPE, wear and tear sets in over time. Since the severity of precipitation and winter wind changes year by year, or even day by day, this may affect how long it lasts and remains protective. “It is going to wear like a pair of pants,” Dente says. “So you have got to take care and make sure that you clean it properly and change it when it is necessary to do so.” Reaser agrees that laundering winter clothing is an important part of maintenance. While wear and tear necessitates the replacement of garments, ample winter gear is often available for purchase throughout the year. Actionwear receives industrial demand for it in summer months as well as in winter. “We don’t wait for the orders to come in. We make our inventory based on historical trends, so we always need inventory position for winter wear,” Reaser says. “A lot of the companies have more stable staff levels that they let their people buy their clothing whenever they need it, so we are always having to carry inventory of insulated clothing and sell parkas year-round.” To prolong the lives of MSA winter liners, Gaworski advises workers to inspect them regularly for rips, tears, loose seams and holes. But since one wears the liners underneath standard head protection, rough weather should not have any notable effect on them, she adds. Whatever kind of cold-weather protection a worker needs, judgement must be exercised, as winter gear is just as important as any other type of PPE. Follow us on Twitter @OHSCanada

Jeff Cottrill is editor of canadian occupational health and safety news. www.ohscanada.com

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ACCIDENT PREVENTION

WORKPLACE VIOLENCE

Out of Control LOOK OVER THE SHOULDER: No one should have to fear being attacked or physically hurt while at work, but this is a problem that affects all sectors to some degree. Employees in professions like law enforcement and security face daily risks of violent injury or worse. Bank tellers, retail clerks and other workers who handle cash are vulnerable to armed robbery, while those in customer service, public transit and crowd control are at risk of being on the receiving end of attacks from hot-headed members of the public. Violence is of particular concern in healthcare and social work, in which employees routinely face assault from unstable patients with mental-health conditions. Even high-school teachers and white-collar employees in offices located in dodgy neighbourhoods can fall victim to occupational violence.

BROAD DEFINITION: Although one normally thinks of violence as physical assault, the definition of workplace violence encompasses a much wider scope. The Canada Occupational Health and Safety Regulations define workplace violence as “any action, conduct, threat or gesture of a person towards an employee in their workplace that can reasonably be expected to cause harm, injury or illness to that employee.” This can include verbal abuse, spoken or written threats and sexual harassment, even when they cause no intrinsic physical harm. Although Canada Labour Code’s definition of “workplace” does not include company-sponsored social events or other non-mandatory recreational activities, acts of violence can potentially occur in these environments too. Such incidents can seep into one’s personal life, such as when workers receive threatening e-mails or phone calls from clients outside of office hours.

A HISTORY OF VIOLENCE: According to a 2007 Statistics Canada report, which cited findings from a 2004 survey about people’s experiences with violence, 17 per cent of reported incidents had occurred in work environments. These incidents included robbery, physical assault and sexual assault. Nearly onethird of these workplace incidents took place in the healthcare sector, while another 14 per cent occurred in food services or accommodation and 11 per cent in education. The victim knew the perpetrator in more than 60 per cent of workplace incidents. Further examination of the data found that 71 per cent of reported violent incidents at work had involved physical assault and that 27 per cent of male victims and 17 per cent of female victims had sustained injuries. But 37 per cent of violent workplace occurrences were reported to police — a rate more than twice as high as that for incidents outside of work.

WORDS AND ACTIONS: The Canadian Centre for Occupational Health and Safety (CCOHS) in Hamilton, Ontario identifies five forms in which workplace violence manifests itself: • Verbal or written threats: any spoken or written communication of an intention to cause harm; • Threatening behaviour: shaking fists, throwing objects or other intimidating action; • Harassment: any words, gestures or intimidation tactics intended to demean, embarrass or humiliate the co-worker and that the perpetrator should know are inappropriate; • V erbal abuse: direct insults or spoken condescension aimed at a co-worker; and • Physical attack: shoving, striking or kicking a colleague.

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READ THE SIGNS: Although it can be difficult to anticipate when on-the-job violence may occur, there are some red flags that should motivate caution. According to the CCOHS, workplace circumstances that make occupational violence more likely to occur include mobile work environments (like transit), work alone or in isolated areas, jobs where alcohol is served, inspection or enforcement duties, the presence of large amounts of cash, the stress of major organizational change and any work with unstable or mentally unbalanced people. The website of the Beverly Police Department in Beverly, Massachusetts offers a lengthy list of warning signs to watch for in employees: a history of violent behaviour; unwarranted expressions of anger; irrational beliefs; unrequited romantic interest in a colleague; an interest in weapons or violence; paranoid or loner-type behaviour; violent behaviour towards inanimate objects; a tendency to hold grudges; and extreme reactions to new policies or criticism.

RISKY BUSINESS: To help prevent violence, an employer must conduct a risk assessment of the work environment and develop a written policy about violence and harassment. According to the B.C. Government and Service Employees’ Union in Burnaby, the assessment should consider the number and severity of previous violent incidents, the tools and equipment used in the workplace, the nature of contact with the public, staff deployment (especially if employees work alone or at night) and current work procedures. Both management and staff reps should develop the policy, which must clearly define violence and harassment with specific examples while stating the consequences of these actions, the CCOHS advises. The policy should also outline the investigation and resolution process for complaints. Employees should be encouraged to report all incidents confidentially, an employee-assistance program should be made available to counsel troubled or traumatized workers and the company should monitor and review the policy regularly.

HONEY OVER VINEGAR: Although it is not always possible to calm down an angry customer or an agitated co-worker, violent situations can sometimes be avoided through de-escalation techniques. The Crisis Prevention Institute in Milwaukee offers the following tips when dealing with a volatile person: isten patiently and with empathy; • L • R espect the individual’s personal space; • M aintain non-threatening body language; • R emain calm and rational; • R espect how the person feels; • Avoid power struggles and focus on the issue; • Set limits by offering clear choices and consequences if the person behaves disruptively; • Provide options and flexibility whenever possible; and • Allow time for the person to reflect on what you have said and for the person to clear his or her mind or come to a clear decision. Bear in mind that these techniques will not work with everybody. Sometimes, it is simply better to get away from the individual and seek help through colleagues or call 9-1-1.

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NOVEMBER/DECEMBER 2015

ILLUSTRATION BY SCOTT PAGE

SAY NO: Workers who are targets of violence have the right to refuse unsafe work, and they should do what they can to ensure their safety and tell trustworthy colleagues, Ottawa-based Canadian Red Cross (CRC) recommends. A targeted employee should report the incident according to workplace policy, while documenting the location, date and time of the incident. Any worker who witnesses or hears about such an incident should make sure that the targeted individual is safe while also reporting the incident, adhering to the workplace’s confidentiality guidelines. According to the CCOHS, employers can also take preventive measures, such as adapting workplace layout by installing protective barriers, putting workstations closer to exits and having minimum entrances, and implementing administrative practices like keeping minimal cash on hand and storing valuables in a safe. 47

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Canadian Occupational Health & Safety News

The Annual Index for articles published in OHS Canada in 2015 is now available online at our website.

C A N A D A

ANNUAL INDEX 2015

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 S E P T E M B E R / OCT OB E R 2 0 1 5

C A N A D A

of CHANGE Bringing wind-turbine hazards to light

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EYES WIDE SHUT

Tackling the dangers of shift work

TELL-TALE SIGNS

New findings on leading indicators

MIDDLE GROUND

Sit and pedal while at work

NOT JUST DUST

Dishing the dirt on silica

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So, what’s on your mind? NOVEMBER/DECEMBER 2015 Would you use a pedalling device under your workstation to enhance physical activity?

SEPTEMBER/OCTOBER 2015 Is your company ready for the GHS, which takes full effect in Canada in 2018?

Yes 59%

Yes

40%

No 27%

39%

Maybe 14%

Not Sure

21%

Total Votes

270

670

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

www.ohscanada.com

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TIME OUT

CAFFEINE FIEND: Two employees of a Tim Hortons lo- about the microphone’s sound level during his rendition of cation in Parrsboro, Nova Scotia got an unexpected wake-up call when they arrived at work in the morning on November 1 and stumbled upon a man who had broken into the coffee shop — but not to steal money. According to Metro News, the 22-year-old burglar had made himself a coffee and was unsuccessfully trying to make an iced cappuccino too. The man fled Timmy’s after the workers called the local RCMP, but the police caught up to him in a nearby parking lot. Officers said excessive alcohol consumption had likely been involved.

THE FITTER WAY: Research shows that sedentary work, such as sitting at a desk all day, can lead to health issues like obesity or back pain. A bus driver with the Toronto Transit Commission (TTC) decided to take charge of his health even before his work shift was over. A rider with a video camera posted a 14-second YouTube video of the driver stopping the bus while en route to do a series of pushups on the bus floor, the Toronto Sun reported on November 12. Asked about the incident, a TTC representative states that the company has no specific policy regarding spontaneous pushups on the job, although it does cover eating, drinking and sleeping habits. PETRIFIED PUP: People think of police officers as brave

and stoical, but a recent Facebook photo from the Vancouver Police Department (VPD) illustrated that Our Finest has one member capable of expressing major fear: one of the VPD police dogs, Niko. The picture, posted on October 22 before going viral locally and appearing on The Huffington Post, shows Niko and an officer in a training exercise involving climbing down a cable. Although the dog was securely fastened to a body sling, the photo shows him clinging desperately to the officer’s right leg with both paws, bearing an expression of paralyzed terror. Thankfully, Niko came down from the rappelling exercise safely, and the officer rewarded him with a game of tug-of-war.

AMATEUR CRIMINAL: A robbery of a pharmacy in Ottawa turned into slapstick comedy in late September, when the perpetrator found himself locked inside the store. The man had entered the pharmacy in the middle of the afternoon, grabbed the pharmacist on duty and demanded narcotics, CBC News reported on October 7. A security video shows him running throughout the store frantically, looking for an unlocked exit. Out of desperation, the robber in the video tries to climb up a wall to escape through the ceiling — only to fall onto the floor with various ceiling pieces toppling on him. The robber eventually got out, but maybe he ought to give up on crime and audition for a comic gig instead. GREATEST HITS: The main occupational hazard most karaoke disc jockeys deal with is repeated exposure to “I Will Survive”. But the host of a bar’s regular karaoke night in DeBary, Florida recently hit the wrong note with a customer, who was not impressed with the disc jockey’s technical skills. According to a Daytona Beach News-Journal report from October 22, the 26-year-old amateur singer became miffed 50

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Jay Z and Justin Timberlake’s “Holy Grail”. After the song, he went over to the disc jockey, slammed his laptop down and smashed a glass behind his left ear. The disc jockey required a few stitches, but his attacker is facing the music: he has been charged with aggravated battery with a deadly weapon.

BEAR NECESSITIES: As if bullies were not already a big enough problem for teenage students, a high school in Bozeman, Montana reported a danger even more frightening: a full-grown bear. The unexpected visitor had wandered onto the football field and soon made its way inside the school, sniffing around the main hallway as students and teachers hid in their classrooms, the Bozeman Daily Chronicle reported on October 14. Some of the braver staff members went out and opened all the doors, and the bear soon found a way out as police officers helped to navigate it away from the building — but not before the beast defecated on the school’s lawn. DISCOUNT OF CALIBRE: A restaurant owner in India-

napolis was gunning for employee protection after his Cajun eatery was robbed by a patron who claimed to be carrying a firearm on October 24. But rather than hire law-enforcement or security professionals for the restaurant, he appealed to customers instead by offering a 25 per cent discount to any client who could present a gun licence. The Indianapolis Star reported that the joint was already popular with police officers, so they were an obvious market for the deal. No word yet on whether the policy prevented any further robberies, although Western-style duels are not out of the question.

MONKEY BUSINESS: Zoos are full of dangerous wild animals, but human employees do not usually make that list. This may change after the trial of a former meerkat keeper in London, England, who was ordered to pay £800 (about CAD$1,600) in compensation to a monkey handler whom she had physically attacked out of romantic jealousy, the Telegraph reported on October 14. Both women were enamoured of a male llama keeper at the London Zoo, where they worked. At the zoo’s employee Christmas party last year, the meerkat handler overheard the monkey keeper criticizing her appearance. This prompted the former to smash a wine glass in the monkey handler’s face. The zoo later fired the assailant, who was lucky to escape being locked in a cage herself. COLD CONFINEMENT: A lone worker at a Subway restaurant in Gloucester, England found herself trapped in a cooler overnight when the door swung closed on her, locking her inside, when she was putting milk in the cooler at about 11:15 p.m. The employee wrote “Help!” on pieces of cardboard with ketchup and mayonnaise and slipped them under the cooler door, but nobody found them until the daytime staff arrived the following morning at 7:30, The Sun reported on October 29. The worker, who was close to hypothermia, was treated in a hospital. The store has been charged with workplace safety violations. Follow us on Twitter @OHSCanada

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