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Volume Two, Issue One - Spring 2011
safeworknews NEWFOUNDLAND & LABRADOR
Celebrating 60 years of serving injured workers and employers Injured health care worker finds rewarding career Bullying in the workplace is no laughing matter. How to bring back the respect
Taking health and safety seriously is worth the investment page 4
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Sixty Years of
serving injured workers and employers 1951-2011
A lot has changed since 1951, including the way we do business.... The humble beginnings of the 'Workmen’s Compensation Board of Newfoundland' started April 1, 1951. Today the Workplace Health, Safety and Compensation Commission serves over 17,000 employers and approximately 11,000 injured workers annually. We are an employerfunded, no fault insurance system, promoting safe and healthy workplaces, return-to-work programs and fair compensation to injured workers and their dependants.
Working to serve you better! To learn more visit: whscc.nl.ca or Visit us on facebook at: SAFEWork Newfoundland and Labrador
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safeworknews
NEWFOUNDLAND & LABRADOR
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JSM Electrical
Making a Difference
Working Alone
Building on the strengths of its employees
Grand Falls-Windsor woman finds rewarding career after injury
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Working alone is not the best situation, but sometimes it is necessary
Sedentary Lifestyle
Commission Anniversary
Linking employee wellness to performance can improve productivity
Sixty years of serving injured workers and employers
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Workplace Bullying
Workplace Contaminants
Mistreatment on the job can compromise a worker’s health
Many health and safety risks do not respect boundaries
18 NewsFlash Kudos, industry health and safety highlights and need-to-know information for workers and employers
safeworknews NEWFOUNDLAND & LABRADOR
safework news is published three times a year by the Workplace Health, Safety and Compensation Commission (WHSCC) of Newfoundland and Labrador to educate workers and employers about injury and disease prevention, promote a positive safety culture and provide links to WHSCC resources for safer workplaces. Editorial Submissions and Inquiries kpeyton@whscc.nl.ca Subscription Inquiries kconnors@whscc.nl.ca
Editorial Advisor Chris Flanagan Editor Kathy Dicks-Peyton Graphic Design Mark Wessels Marketing Sherry Greene Information Technology Florence Maloney
Administration Kate Connors Contributors Tamlin Morrissey-Harris Bill Fifield Mark Wessels Chris Flanagan Marcel Pepin
Canada Post Publications Mail Agreement #40063376, Customer #1324969 No portion of this publication may be reprinted in whole or in part without the written permission of the WHSCC. The WHSCC reserves the right of final approval on all material.
www.whscc.nl.ca Printed in Canada - Copyright 2011 Printer: Dicks and Company Limited
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Results that make a difference
Safety Share
When you give people the opportunity to express opinions and provide open, honest input, you create an environment of ownership and pride. Employees who take ownership of their work are more likely to be enthusiastic and bring forward ideas and results that really make a difference. Employers who allow this to happen will be seen as motivators and visionaries.
It’s good you feel confident about your job. You take pride and do it well. However, overconfidence can be a safety hazard when you fail to use safe work practices. No matter how long you have been on the job and no matter how skilled you are, you must remember the basic safety precautions. Don’t get complacent!
As we celebrate the 60th anniversary of the Commission, I am extremely proud of the many important projects being carried out at our organization. Although each employee is motivated by different things, we are all working to promote injury prevention, improve client service, maintain a sustainable fiscal environment, and become more responsive to our clients and stakeholders.
Experienced workers have paid dearly for carelessness. They have been electrocuted because they failed to lock out the power when doing repairs. They have been burned in explosions when they allowed an ignition source in a flammable atmosphere. They have lost limbs while operating the same saws or punch presses they have used for years. They have been disabled in vehicle crashes while driving familiar routes. They have been killed in falls from heights when they failed to hook up fall arrest gear.
Recently, we completed significant work on our Claims Management Model, which will streamline the adjudication and management of injury claims in order to help injured workers recover quickly and safely. This was a very busy and exciting time for staff, who were anxious to see this new system up and running because the benefits will be tremendous. Staff from all areas of the Commission were engaged and included in the development process, and are still providing feedback and suggestions that will make the new application even better.
All workplaces and tasks have certain hazards and risks. So, how do you avoid overconfidence when it comes to safety matters? Here are some suggestions:
Make no mistake, Commission staff, management and our IT partner xwave, should be very proud of doing something this powerful right here in Newfoundland and Labrador.
• Be aware of hazards, ensure checklists are in place, and remain alert and focused on doing the job safely.
I am particularly delighted to be the CEO of this organization with its commitment to client service and an appetite for change. It has caught the attention of the community and its peers, both in its innovative education and awareness programs for safety, its integration of safety and return to work with its assessment program, and of course with its advancement in disability management and the new claims management model.
• Follow recommended safe work practices at all times. Do not take short cuts. • Wear your Personal Protective Equipment every time.
It’s an honour to work with a group of individuals who share the common goal of ensuring our province’s workplaces are safer and our injured workers are better cared for.
• Pay attention during safety meetings. You may have heard it all before, but a reminder never hurts. As an experienced worker, you have a responsibility to set a good example for newcomers. Do things the safe way, because someone may be watching and learning from you. Never let overconfidence compromise your safety.
Yours in safety,
(Source: Safety Toolbox Talks)
Leslie Galway, CEO Workplace Health, Safety and Compensation Commission
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We would like to hear from you...
Give us your insight on safework news content, or topics for discussion relating to employer assessments, workers’ compensation, and workplace health and safety. Send your comment to: safework news c/o Workplace Health, Safety and Compensation Commission 146-148 Forest Road P.O. Box 9000 St. John’s NL A1A 3B8 or send us an email: kpeyton@whscc.nl.ca
In the workplace we now have 3 basic rights. Do you know what they are?
1. The Right to Know 2. The Right to Participate 3. The Right to Refuse 3
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CEO Charter signatory Jim Murray of JSM Electrical is committed to being a leader in health and safety.
Photo by Marcel Pepin
Zero tolerance for complacency By Kathy Dicks-Peyton
Murray later practiced his trade in Ontario and Alberta, before returning to Newfoundland and Labrador in 1981.
On a recent visit to one of his worksites in Labrador City, Jim Murray, CEO of JSM Electrical was confronted by an electrical apprentice who was concerned that the steps leading to one of their storage sheds was unsafe, and suggested that a landing be installed. Jim, an advocate for health and safety didn’t hesitate, and following his own inspection immediately had the work completed.
Starting his own business was a leap of faith for Murray, but also a natural progression. “I saw an opportunity and I seized it,” he says with great confidence.
JSM is committed to health and safety awareness
Innovation, hard work and integrity, these are the principal qualities that have positioned JSM Electrical as one of Atlantic Canada's leading electrical and instrumentation contractors.
As an employer, Murray is always concerned with the welfare of his employees. He is dedicated to ensuring a safe and healthy working environment in the execution of all the projects his company becomes involved with.
This St. John’s-based business had its humble beginnings in Carbonear, when in 1984 Jim landed a contract to wire a series of stores in a shopping mall. Since then, JSM Electrical has executed major contracts from Newfoundland and Labrador to British Columbia, to the Canadian Arctic and the Caribbean, employing nearly 150 people at peak times.
“In striving to achieve our goal, JSM Electrical is committed to promoting a culture of safety awareness through the continuous improvement of our comprehensive health, safety, environmental and security program,” he says. “We have a designated safety person in our office and this really helps to strengthen and heighten awareness.” As the CEO, Murray also likes to delve into all aspects of occupational health and safety education and training. “I like to lead by example, and I’m sincere about it,” he says. “We take health and safety very seriously and invest a lot of time, effort and resources to ensure our job sites are safe for our employees and others around us. Of course, building and maintaining a high standard of safety is a team game, and I have to acknowledge our dedicated group for the fantastic job they do every day toward achieving that goal.” Adhering to and exceeding
“Our company offers a wide range of electrical services, such as, instrumentation, high voltage, airport navigation and visual-aid installations,” explains Murray. “And, we do all this with a highly-skilled team of professionals.” Murray’s career in the electrical field started in the 1970s when, as an 18-year-old electrical apprentice, he went to work for a contractor in Labrador City. “It was an exciting time there,” Murray says. “The town was new and everything was booming.”
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Wherever JSM Electrical employees go they bring their safe work practices with them. Pictured is Alert, Northwest Territories, where the company has completed work for the Department of National Defence.
and maintenance of a company-wide health and safety management program. Firms receive accreditation upon completion of COR training, development, and implementation of a company-wide safety program, and internal and external safety reviews.
industry standards, providing appropriate safety training, equipment and education through an ongoing consultative process with its employees and industry stakeholders, is something JSM Electrical strives for every day. Before commencing any project, they carry out task and job hazard assessments because “you can never be too cautious,” says Murray.
ISO certification (International Standards Organization), makes the development, manufacturing and supply of products and services more efficient, safer and cleaner, facilitates fair trade and provides governments with a technical base for health, safety and environmental legislation. Being ISO certified also provides an opportunity to share technological advances and good management practices. It safeguards consumers and provides an environment where members can help find solutions to common problems.
Keeping good safety records builds a safe work environment No accident or injury can be considered acceptable regardless of how insignificant it may seem, Murray says. Minor incidents consistently lead to more serious incidents, both of which must be prevented from happening. As a growing company employing personnel at select sites throughout Canada, JSM Electrical is committed to maintaining and enhancing safe work environments, “because we believe a good safety record is essential to a successful future,” adds Murray.
In 2009, Murray was invited to join the Workplace Health, Safety and Compensation Commission’s CEO Leadership Charter, and says this honour sets the bar a little higher for health and safety, and challenges JSM Electrical to be better. “You must always keep your guard up against complacency,” he says. “We’ve built our company on our dedication to our customers and their needs, but more importantly, always with a team spirit and can-do attitude. Through it all, my commitment to health and safety is to be a leader.”
JSM Electrical is COR certified in Newfoundland and Labrador, Nova Scotia and New Brunswick, and working towards being ISO certified. “Our manual is completed and we are getting it ready for submission.” COR (Certificate of Recognition) is a health and safety certification program for construction industry employers. It is designed to assist companies in the development
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Healthy Workforce = Improved Productivity The dangers of our increasingly sedentary lifestyle represent a double-edged sword for workers, employers and workers’ compensations systems everywhere. First, there is the direct risk of increased illness, strains, sprains or falls at work as our overall physical condition deteriorates. While much work has yet to be done to determine the relationship between fitness and injury, the International Labour Organization’s Encyclopedia of Occupational Health and Safety confirms that low back pain, for example, is more common in workers who have less strength than their job requires. One study of more than 1,600 firefighters over a three-year period found that those in the ‘low fitness’ group were nine times more likely to report a back injury than those in the ‘high fitness’ group. Given that in Newfoundland and Labrador more than 28 per cent of all lost-time workplace incidents are back injuries, and another 60 per cent of lost-time incidents are soft-tissue injuries (sprains, strains and musculoskeletal injuries), employee fitness is an area worth exploring. How much is it worth? According to a 2009 report in the American Journal of Occupational Health and Environmental Medicine, health-related productivity costs are significantly greater than medical and pharmacy costs alone (on average 2.3 to 1). The authors surveyed more than 50,000 employees and reviewed more than one million health care claims. It was concluded that chronic conditions such as depression/anxiety, obesity, arthritis, and back/neck pain are especially important causes of productivity loss. Further, they reported that management experienced as much or more monetized productivity loss from depression and back pain as operators and labourers.
By Chris Flanagan One of the most pervasive issues facing injured workers and workers’ compensation boards today is also one of the most overlooked: it is our sedentary lifestyle. As we remove ourselves from agrarian and manual labour societies, we may actually be putting ourselves at greater risk of illness, slower recovery and death. As we make advancements and improvements we should always be aware of unwanted consequences. Economists call it a moral hazard. The classic example of a moral hazard is automobile insurance. If you are fully insured against auto theft, you may be less likely to lock your car doors all the time. By the same token, in a world with free health care and workplaces that require only minimal physical activity, we may be less inclined to take care of our own individual health. After all, we are bombarded with daily messages that imply modern medicine can cure all that ails us.
The second negative impact of sedentary lifestyles is the increased strain on our health care system. This is particularly true in Newfoundland and Labrador, which has the highest rate of overweight and obese individuals in the country. According to the Canadian Community Health Survey, the direct cost of obesity represented
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more than eight per cent of this province’s total health care budget in 2004. Given that obesity rates have likely further increased in the past six years, the total cost of obesity and poor overall fitness is likely close to 10 per cent of the province’s $2.6 billion health care budget – or about $260 million. More importantly, for injured workers and employers, increased strain on the health care system means increased competition for diagnostics, rehabilitation and treatment services. As increased demand pushes up wait times, injured workers may find themselves waiting longer for medical services that will get them back to work sooner.
Applied Health Research, people suffering from obesity are known to suffer social stigmatization, discrimination and psychological consequences. This means a significant portion of the workforce is likely to suffer stress-related illness and time away from work.
If the province was able to get its 22 per cent obesity rate down to British Columbia’s 11 per cent, it would save up to $130 million, and go a long way to reducing demands on our health care system. The results would be not only reduced wait times and provide additional funds to spend on other programs, it would mean increased productivity and competitiveness in all areas of business.
For employers, wellness programs are like safety programs – they are investments that make good business sense. Labour costs and employee health care make up a huge portion of the cost of doing business. A well-developed wellness program that measures results can significantly improve the bottom line. Several studies have linked employee wellness to performance.
So what can be done?
If you are looking for a good resource to get things started at your workplace, contact the Canadian Centre for Occupational Health and Safety, or visit the Wellness Program pages of their website at:
There are several other reasons to address our sedentary lifestyle and to adopt wellness programs in the workplace. According to researcher Laurie Twells, in her 2005 report to the Newfoundland and Labrador Centre for
http://www.ccohs.ca/oshanswers/ psychosocial/wellness_program.html
Socio-economic factors are creating a health care storm • An aging workforce will put even more stress on the health care costs and health-related productivity. • Recent increases in childhood obesity rates mean the incoming workforce is more likely to suffer from health-related issues. • Rising health care costs add more woes. • Increases in the cost of fresh food combined with lower priced convenience foods (often unhealthy) make it even more challenging for individuals to improve their lifestyles.
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e c a l P K r o W
bullying
“Get out of my face before I...” By Tamlin Morrissey-Harris Bullying in the workplace is no laughing matter. Workers have been isolated or ridiculed and made to feel as though large targets have been placed on their backs. Differences in religion, political affiliation, disability and sexual orientation can often create a toxic environment. According to the Workplace Bullying Institute, such mistreatment can be severe enough to compromise a worker’s health, jeopardize their job and career, and strain relationships with friends and family. In 2008, Dr. Judy Fisher-Blando wrote a doctoral research dissertation on Aggressive Behavior: Workplace Bullying and Its Effect on Job Satisfaction and Productivity. This study determined that almost 75 per cent of employees surveyed had been affected by workplace bullying, whether as a target or as a witness. Further research outlined the types of bullying behaviour and organizational support. So, what can employers do to eliminate such toxicity? How do we acknowledge mental injury in the workplace, and what steps need to be taken to change workplace
attitudes towards those with mental injury? Let’s begin with the basics: Education. Knowledge is power, and arming your workforce with the right information and support is the first step in aiding the healing process. Co-workers who better understand both physical and mental injuries can remove some of the toxicity from the work environment. More and more companies are availing of respectful workplace training and policies. This type of training promotes healthy relationships and how better to handle stressful situations that are symptomatic of workplace diversity. Respectful workplace policies should be developed within the workplace and available for all employees to review. They should clearly outline what types of behaviour are or are not acceptable in the workplace. More importantly there should always be an open line of communication between management and staff. If employees were asked what the most important quality of a good employer was, what would they say? Dare to venture a guess? How about approachability? Although in larger corporations this might be a little harder to accomplish, it is not impossible. It is absolutely necessary
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Common tactics used by workplace bullies
for management to have a more active role in what is happening within their organizations. Distancing themselves from their employees can have a negative effect on a work environment and can create a negative relationship in which communication is often avoided. In larger workplaces where one-on-one relationships are difficult, given distance and numbers, protocol should be put in place whereby workers can have their concerns addressed. The Bullying Institute says bullying brings unsustainable costs, and employers should look beyond personalities as causes to see how the workplace culture and environment make their organizations prone to bullying. Bottom line: employers should commit to correcting and preventing it. A growing number of employers are choosing to have Employee Assistance Programs (EAP) where they hire private companies to oversee workplace situations on both a personal and group scale. Larger corporations have onsite professionals who initiate such programs. EAPs can begin with a simple list of contacts provided to employees or can be developed on a larger scale with onsite EAP co-ordinators. Some employers may include mental health programs as part of their benefits packages. Several hours of counseling services are made available to workers who are suffering from work-related or personal stresses. Employers need to understand the mental health system; they need to know how an employee can access services and how to get referrals for mental health programs. Roger Baggs, Workplace Mental Health Co-ordinator with the Canadian Mental Health Association in St. John’s, says the availability of programs outside of large corporations is under-resourced. He believes that middle of the road programs are not readily available to those who are suffering mental stress. “Often those who are caught in the middle of acute care or wait lists for counseling services can be lost in the mix,” he says. He goes on to say that because there are little or no resources, many workers feel helpless and are forced to tolerate the behaviour or look elsewhere for employment. “Workers experiencing stress or mental injury need to know it is okay to feel like they need some help, and recognize it,” adds Baggs. Many community and regional health boards have crisis line support where anyone needing to talk can call and set up one-on-one meetings. For information call: 1-888-737-4668.
1. Falsely accusing someone of “errors” 2. Staring, glaring and non-verbal intimidation 3. Discounting a person’s thoughts or feelings (“oh, that’s silly”) in meetings 4. Using the “silent treatment” to “ice out” and separate from others 5. Exhibiting presumably uncontrollable mood swings in front of the group 6. Making up own rules on the fly 7. Disregarding satisfactory or exemplary quality of completed work despite evidence 8. Harshly and constantly criticizing 9. Starting, or failing to stop, destructive rumours or gossip 10. Encouraging people to turn against the person being tormented 11. Publicly displaying gross, undignified, but not illegal, behaviour 12. Yelling, screaming, and throwing tantrums in front of others to humiliate a person 13. Stealing credit for work done by others 14. Making verbal put-downs/insults based on gender, race, accent, age or language, disability 15. Creating unrealistic demands (workload, deadlines, duties) 16. Ensuring failure of a person’s project by not performing required tasks, such as sign-offs, taking calls, working with collaborators. (Source: Workplace Bullying Institute)
Additional resources on respectful workplace initiatives, can be found on the provincial government website at: www.psc.gov.nl.ca/psc/rwp/index.html
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strong person to make
a big difference By Kathy Dicks-Peyton When Grand Falls-Windsor’s Lorraine Hearn was just a teenager, she was pregnant, married and living in an abusive relationship. The light she could see at the end of the tunnel was a mere pinhole, but she was determined to reach it.
Lorraine Hearn
while lifting a patient, and filed a workers’ compensation claim. Over the next few years, she re-injured her neck on at least four occasions. In April 1991, while working on the surgical unit, she and another staff member were lifting a patient from a gurney to a hospital bed. As was the practice with staff, the two locked hands under the patient to get a secure hold. Unexpectedly, the patient sat up, jamming Lorraine’s arm which re-injured and tore all the muscles in her neck and down her left side. “I will never forget that day”… she recalls.
Lorraine finally left her abusive relationship and walked out of that tunnel. Weak, feeling like she didn’t have the strength to survive, with no formal education, no job and two small children to support, the challenges ahead were overwhelming. “I was receiving social services,” she says. “I wanted a better life for myself and my children, so I decided to go back to school.” With the support of her mother, who cared for the children, Lorraine earned a high school diploma and enrolled in a Registered Nursing Assistant (RNA) program in Grand Falls-Windsor. She was paid $40 every two weeks for the training, which in turn was deducted from her social services cheque.
The injury was serious enough that Lorraine required medical treatment by a neurologist, physiotherapists and chiropractors. She was taken off work, which of course included filing another workers’ compensation claim. Over time, Lorraine was diagnosed with a soft-tissue injury to her neck with some nerve involvement at the T4 and T5 discs also in her neck.
“I remember being so excited when I got my acceptance letter,” she says. “One of the first people I told was my math tutor and mentor Bob Hearn, who worked at the college.” Bob would later become her husband, father to her children, and best friend.
One major draw-back from this injury was the onset of severe migraines that required many trips to the hospital. “They would last for five and six days and I would have to remain in complete darkness. The medication I took for the migraines made me ill as well.” Lorraine was away from her job for four months.
In 1977, just out of training, Lorraine landed a full-time RNA position at the Central Newfoundland Regional Health Care Centre in Grand Falls-Windsor. “My job meant everything to me,” she says. “I was passionate about it and loved going to work. I knew that caring for people is where I was meant to be!” Enjoying life and family, which now included Bob and their three children, Lorraine was finally at a place in her life where she was truly happy. And, as cliche as it may sound, happiness sometimes comes with a price. In 1989, she sustained a neck/shoulder injury at work
Terrible migraines
In September 1991, she began a roller coaster of easeback programs, but not without incident. Lorraine experienced many relapses – she entered ease-back 12 times over the course of the next year and a half. “I really wanted to work, I am not the kind of person to sit idly by and do nothing. As well, financially, I couldn’t afford not to,” she explains. “So, despite the constant pain and an injury that was going to affect me for the rest of my life, I tried real hard to remain working.”
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The last ease-back assignment for Lorraine was the Pediatric unit, which was believed to be an easier unit for her to work. One evening while trying to console a three-year-old boy, the pain and weakness in her neck reached its peak and became unbearable. “I was assigned to transporting the little boy to the operating room and he was crying uncontrollably. “We had a hard time getting him to lie on the operating table to be sedated; he was very scared and just kept clinging to me,” she recalls. “I stayed with him and held him until the doctors were able calm him. As for me, I ended up with a major flare-up again, which I worked through for another few days.
Unbearable pain “I remember one morning getting ready for work and I was trying to curl my hair. The muscles in my arm were so inflamed; I actually had to hold my bad arm up with my good one to ease the agony.” Not wanting to see his wife suffer any longer, Bob Hearn politely unplugged the curling iron and said, ‘you’re done’. On Lorraine’s behalf he went to the Workplace Health, Safety and Compensation Commission office in Grand Falls-Windsor to tell them she couldn’t work anymore. Lorraine’s case was challenging from a medical point of view. “I understood there were policies and procedures that had to be followed by the Commission, but I also understood that there were avenues I could pursue to plead my case.” Lorraine appealed her case to the Workplace Health Safety and Compensation Review Division and eventually her benefits were reinstated. She then started working with a Commission case manager to see what she could to do to retrain. “I knew it had come to the point where I had to give up working as a Nursing Assistant; however, I did want to continue working in the medical field. “The Commission helped me research some retraining options, and after my training was completed, they also provided support for me to develop a business plan to market my new skills.”
She also earned Associate Counselor Status in Addictions from the Canadian Certification Board for Alcohol and Drug Counselors.
“I am a strong believer in destiny. Everything happens for a reason, and everything that has happened in my life has helped shape who I am today.” Lorraine’s passion has always been in the ‘helping professions.’ She followed this passion into the volunteer sector when she began volunteering with the Central West Committee Against Violence (CWCAV). Being unemployed at the time provided her with the opportunity to take a lead role in the advancement of violence prevention in Grand Falls-Windsor. After five years of volunteer work, in 1997, the CWCAV hired Lorraine to work as their full-time co-ordinator. Since becoming involved with this organization, Lorraine has led the charge to diminish the impact of violence in Central Newfoundland. She is in constant demand for her public awareness campaigns and training programs, and resources developed under Lorraine’s guidance and leadership are in use throughout the province. Her passion shows in every sentiment and word she utters. In 2009, she was appointed by the provincial government to represent injured workers on the Commission’s Board of Directors. It was quite the honour for Lorraine but her husband had recently passed away and she made the decision to decline the appointment.
Taking a leadership role “I am a strong believer in destiny. Everything happens for a reason and everything that has happened in my life has helped shape who I am today. I never thought that I would be fortunate enough to find such a rewarding career. I feel so thankful that I am able to take a lead role in a profession that represents such a crucial social problem in our society… violence.”
In 1998 Lorraine graduated from Hamilton, Ontario’s McMaster University with a diploma in Addictions Studies and another for Addictions Care Worker.
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Sixty years of serving injured workers and employers The Workplace Health Safety and Compensation Act, originally known as the Workmen’s Compensation Act, is now 60 years old. According to the late Irving Fogwill, Chairperson of the first Workplace Health, Safety and Compensation Board, it wil be seen as one of the most important pieces of legislation introduced in Newfoundland and Labrador. Immediately after Confederation with Canada in 1949, the new Provincial Government established a Labour Advisory Board. This Board investigated workers’ compensation legislation and procedures in other jurisdictions. An Act was drafted, based largely on similar legislation in Nova Scotia and Ontario. A committee was then appointed to establish the administrative organization required to implement the new Act.
The Workmen’s Compensation Act proclaimed law on April 1, 1951, and the Board was open for business. During the first nine months of operation, some 6,479 claims were processed. To enable the Board to commence operations, the Province’s Department of Labour advanced $20,000. This amount was repaid on February 14, 1952.
Workers’ compensation: a page in history The following is an exert from a paper entitled: How modern “workmen’s compensation” law came to Newfoundland, by Irving Fogwill. “From one view point and not an invalid one, one may say that not by happenstance nor by a singular accident did such a man as Joseph R. Smallwood emerge during the latter 1940s to pursue the goal of Confederation. Here was no mere chance hitching of one’s wagon to a probable star. It was thus in this man, steeped in the social imperatives, where the heart lay and the aspirations of the common man understood. Hence it was a sacred mission that once the reins of power were attained, the archaic social laws of a sad and backward era were to be washed away by a flood of hope and action, and replaced by new and modern social legislation that would reach down to the humblest of his fellows. During the hectic first year following our country’s entry into confederation, the first giant strides were taken to reshape the old legal-sociological structure inherited by a viable and dynamic industrial society. This was to be the ineluctable goal of the new government and from which there was to be no deflection.
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Under powers given to it by the Terms of Reference, the Committee, using the authority of the Industrial Inquiries Act, applied for and was given a complete set of employer registration cards form the files of the Unemployment Insurance Commission. The committee then had special forms printed and master index books set up. The forms were mailed to every employer in the province as recorded by the Irving Fogwill, first Board Chair Unemployment Insurance Commission. of the Province’s 'Workmen’s While this massive undertaking was The Terms of Reference given to Compensation Board' underway, the three members of the the Board were precise and at committee left for Halifax, Nova the same time of wide scope. Scotia for two weeks’ intensive study The Board was to make a study of all labour relations, of the administration of the Nova Scotia Workmen’s trade union and compensation laws of the other Compensation Board. provinces and to recommend those types of statutes The Committee’s secretary remained in St. John’s to deemed most suitable to the economic and industrial receive and tabulate the immense volume of incoming fabric of the new province. The Board was expected data provided by the returning forms. The information to draft the framework of the new laws also. from the forms included the number of employees in The Board concentrated its study on the workmen’s the service of the employers, together with the figures compensation acts of the nine Canadian provinces. of the annual payroll for 1949, and the estimates As a practical measure, the Nova Scotia Act was used for 1950. as a working model, while at the same time where other Returning to Newfoundland about the middle of August acts carried provisions that were deemed more suitable to certain conditions and circumstances in this province, 1950, the Committee briskly set about collating the enormous body of material which kept steadily arriving from industry. those provisions were taken and merged into the general The Committee never ceased to marvel at the cordiality context of the final draft. and co-operation manifested by the province’s employers. The Labour Advisory Board finished its work in the fall The next duty of the Committee was to develop the of 1949, with respect to the framework drafting of the fundamental groundwork for the new administration. Workmen’s Compensation Act. This Act was passed by Many hundreds of forms had to be read since the Board the 1950 session of the Legislature. Government then had requested the basic operating forms form all the appointed a new entity called the Workmen’s Compensation Boards in Canada. Ledgers and account books had to Committee, whose duty it was to organize and set up the be prepared in model for the printers. During this period basic commission-type of administration which would the writing of the Committee’s final report, which in operate the new law and system. This Committee consisted itself was later to become the staff-learner’s textbook of Irving Fogwill, a railway official and former public for the coming administration’s various divisions was relations officer for the Newfoundland Federation of Labour, completed. The report contained the necessary amendment as chairman; John J. Maddigan, a former manager in the act of 1951 which rounded out and completed the new boot and shoe manufacturing industry, and Clarence V. workmen’s compensation law. Hancock, a former school teacher. The secretary of the Committee was William J. May, formerly a member of Sharply at nine o’clock in the morning of April 1, 1951, the Labour Advisory Board. the Honourable Joseph R. Smallwood, Premier, accompanied by the Honourable C.H. Ballam, Minister of Labour, The Committee commenced its work without industrial appeared and, after a brief ceremony, the Premier cut statistics of any kind. It had nothing but the barebones the ribbon before the entrance, and the administration of the newly-drafted Act. The draft Act contained no was declared “in business” – the first scales of benefits, no description or classifications of Workmen’s Compensation Board in the industry. Its scope was not defined, nor did it carry any history of Newfoundland.” supporting regulations – all these things had to be studied, defined and drafted as amendments to the Act. One of the first steps of the new government in 1949 was to appoint a board known as the Labour Advisory Board. The members of this board, appointed in June 1949, were all drawn from the Newfoundland labour movement, except for its chairman, a brilliant young lawyer named Kevin J. Barry of Corner Brook. The secretary of the Board was George T. Dyer, a senior officer of the provincial Department of Labour.
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Workplace contaminants
t rouble r b o j e n a ca m By Mark Wessels
In our workplaces there can be many toxic irritants, and by this I do not mean your boss or my supervisor. Irritants are properties that produce adverse health effects much like any known allergens. Some irritants are more toxic and may be less prevalent, while other pathogens may be less toxic but more widespread. Many health and safety risks, whether at home or in the workplace, simply do not respect boundaries. They will affect and infect whomever and whenever, based on physical proximity to the hazard and scale of contamination. This is especially true when people have the ability to move source irritants from place to place on their clothing.
MOULD
BACTERIA
What are some of the common hazards? According to researchers at the National Research Centre, Department of Infectious Diseases in Rome, Italy, exposure to indoor allergens can occur both at home and in public places such as schools and places of work. Their findings? Allergy and related symptoms have been increasing as most people in developed countries spend more time (as high as 90 per cent) in indoor environments. Dust mites are the most common indoor allergen, and considered to be a primary cause of asthma. Another common allergen that also induces asthma symptoms is something called Fel d 1, the major cat allergen. Fel d 1 has the ability to be transported from the home to the workplace at unsafe levels. Work-related asthma sufferers also include: lab workers and researchers who work with small animals, painters exposed to breathing paint chemicals, grain handlers exposed to grain dust and crab processors exposed to the crab asthma allergen.
CHEMICALS
According to the World Health Organization, Canada has one of highest rates of asthma in the world at 14 per cent. Thankfully it also has one of the lowest fatality rates from the disease at 1.6 deaths per 100,000 people.
You're irritating me and you make me sick! Other contaminants mostly unknown to the average person include microbial toxins with names like, ochratoxin A, aflatoxin B(1) and aflatoxin B(2). Toxins are often prevalent in buildings that have suffered water damage. According to Health Canada, moulds and toxins are also found in humidifiers, dirty filters and ducts with condensation or leaks. Harmful fungi can also be released from spaces adjacent to contaminated wall cavities, elevator shafts and faulty sewer drains. Dampness and mould are associated statistically with significant increases in both respiratory infections and bronchitis, but most importantly to workplace health and safety programs, these are preventable illnesses!
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What to do? For asthma sufferers there are some excellent resources. The Canadian Lung Association recommends avoiding hazards that produce symptoms. There is also something called the asthma action plan and asthma diary card which can help monitor, measure and manage the illness. The bottom line with work-related asthma is, if exposure at work makes a known condition worse (exacerbated asthma), you have to identify the hazard and seek to eliminate it, and this may include introducing protective equipment. If something at work is causing asthma for the first time (occupational asthma), the suggested course of action is to have zero contact with contaminants, and this is usually done by changing work duties to negate the exposure. The Government of Newfoundland and Labrador, the Workplace Health, Safety and Compensation Commission and Memorial University, all have scent awareness programs. Why? Many of the properties found in scented products can present significant health problems because of their chemical composition. Many of these chemicals are petroleum based with known associated health risks.
How Much? Health Canada estimates that the cost of illnesses in Canada, many which are preventable, to be in the hundreds of billions of dollars. What does this mean for workplace related illnesses? It means employers shoulder a significant financial burden for medications and other secondary health costs through their benefit plans that try to address illnesses that may be prevented from happening in the first place. The Workplace Health, Safety and Compensation Commission alone estimates that the sizeable reduction in workplace injuries between 2000 and 2010 saved the compensation system hundreds of millions of dollars in possible claims had the rate of injury stayed the same or increased beyond 2000 levels. Being safe and healthy at work reduces operating costs. Losing productive workers to illness and injury merely increases costs to cover for lost productivity, additional training and the higher premiums paid associated with higher rates of usage of benefit and compensation resources.
For more information: Workplace Health, Safety and Compensation Commission www.whscc.nl.ca Government of Newfoundland and Labrador Occupational Health and Safety Branch www.gs.gov.nl.ca/ohs
Programs and legislation
Canadian Lung Association www.lung.ca
Safe workplaces are vitally important. They are mandated by law in Canada including: Section 12 of the Hazardous Products Act, the Canada Labour Code, the Transportation of Dangerous Goods Act and all provincial occupational health and safety acts and related regulations. Regulations, such as section 36.1 of the Occupational Health and Safety Act (the Act), mandates procedures and regulations for working with hazards.
Health Canada www.hc-sc.gc.ca Public Health Agency of Canada www.phac-aspc.gc.ca
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Safety When You're Working Alone
Working alone is not an ideal situation but sometimes it is necessary. Many workers such as home care attendants, security guards, property managers, taxi drivers, custodians, loggers and retail clerks, will spend large portions of their working life operating alone.
Safety tips when working alone
• Talk to your supervisor and colleagues about your job, the hazards and how to minimize them.
• See if work can be re-scheduled so you do not have to work alone.
• Set up a check-in system by which you call or text someone at regular intervals so they will know you are okay. Agree on a tracking method to be used if you are overdue.
Doing a job alone can be more hazardous than doing the same job in the company of others. If a worker is injured, ill or trapped, there may be no one nearby to help or call for assistance. Lone workers are also more vulnerable to crime such as robbery or assault.
• Carry an alarm device, cell phone or two-way radio. Manage the batteries so you will always be able to get through.
Working alone means to work in circumstances where assistance would not be readily available to the worker in the case of an emergency or if the worker is injured or in ill health.
• Use a buddy system, taking another worker with you into higher risk situations.
• File a travel plan when you drive somewhere alone.
The risk of working alone depends on a number of factors, including the location and type of work being conducted, the emergency response procedures implemented by the employer, and the level of communication with the worker.
Keep vehicles well-maintained to avoid breakdowns. Stock an emergency survival kit in the vehicle.
• When visiting a possibly intimidating client, take
Workers who handle money, work away from the regular work site or work alone with patients or clients, can be at higher risk for injury from working alone.
a taxi and have the driver wait outside.
• Handling cash or other valuables puts you at risk for violent robbery. Have your employer take steps to reduce the amount of cash on hand to lower the incentive for robbers.
While some people enjoy working alone and choose solitary jobs on purpose, please be aware that injury or a violent encounter can change your life forever. Be prepared to work as safely as possible when you work alone.
• Have your work area arranged for maximum visibility from windows. Get training in how to avoid and handle a robbery, and learn to use the security system. (Source: Safety Toolbox Talks)
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This Spot the Hazard photo shows potential hazards. Tell us how many you can spot and email your response to: kpeyton@whscc.nl.ca. In our next issue we will publish as many responses as we can, along with the correct answers. All emails submitted will be entered for a draw, and one lucky hazard spotter will win a SAFE Work Newfoundland and Labrador First-Aid kit. Hazards spotted in our last issue include: man standing on chair with wheels, bracing himself on a table; the area is cluttered, items are not secured safely on the shelves, heavy items should not be stored on high shelves, the man is trying to do work holding a cup in his mouth and the cordless drill above his head could potentially fall. WINNER: Mike Gasson, Halifax, Nova Scotia
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NewsFlash eye injuries are preventable A few devastating seconds is all it takes to go from 20/20 vision to no vision when a worker isn't wearing protective eyewear. Over 2,100 workplace eye injuries were reported to the Workplace Health and Safety Compensation Commission alone, between 2005 and 2009, costing more than $2.2 million. A recent study, commissioned by the Canadian Ophthalmological Society and CNIB, reported that the direct health costs of vision loss in Newfoundland and Labrador are $146.2 million a year. This figure includes hospitalization and treatment, drugs, vision care and research. Another $122.5 million is attributed to care and rehabilitation, assistive devices, lost productivity and earnings. The Commission has now partnered with the CNIB, the Iron Ore Company of Canada (IOC) and the Government of Newfoundland and Labrador on an Industrial Eye Safety public awareness program aimed at educating workers about eye safety. It is the first of its kind for the province. The program involves 90-minute workshops delivered by facilitators with vision loss. Using a combination of real-life stories, thought-provoking visuals and interactive exercises, these engaging workshops educate workers about eye safety in the workplace and motivate them to follow safe work practices. The cost of a severe workplace eye injury to an employer includes: loss and replacement of the injured worker, low morale among coworkers, increased insurance premiums and, in some cases, fines.
Most eye injuries are preventable with the appropriate use of properly fitted safety eyewear – and employers are recognizing that investment in prevention is critical to their operations. To find out more about the Industrial Eye Safety program, and the cost of vision loss contact: Debbie Ryan, Co-ordinator, Vision Health Promotion and Communications, CNIB, at: 709-754-1180, extension 238, 709-685-7263, or by email at: Debbie.Ryan@cnib.ca
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NewsFlash continued ceos named among canada’s most powerful women Congratulations to Leslie Galway, CEO of the Workplace Health, Safety and Compensation Commission, and Nora Duke, President and CEO of Fortis Properties Corporation on being named to Canada’s Top 100 Most Powerful Women.
WHScc wins Ice awards
The Canada’s Most Powerful Women: Top 100 Awards, co-presented by Scotiabank Group and KPMG, is Canada’s most recognizable award for the country’s highest achieving female leaders in the private, public and not-for-profit sectors. The Top 100 Community is a powerful group of over 500 women who are at the top of their game, exemplify success Nora Duke and empower the next generation of women to take their careers to the next level.
The Workplace Health, Safety and Compensation Commission, through its Atlantic Canada social marketing partnership, won gold in the Social Marketing category at the 2010 ICE Awards, Atlantic Canada’s largest advertising awards program. The award was presented for two new injury prevention ads: ‘blade/guard’, highlighting the danger of removing protective equipment on a table saw and demonstrating that fixes such as duct tape on a heating pipe are unacceptable. The two ads are part of the Commission’s ‘Take care of it before it’s an accident’ campaign. The partnership also won a Fearless Client award for the Rod Stickman Occupational Health and Safety videos.
55th Annual Health & Safety Conference May 18-20, 2011 Newfoundland and Labrador Occupational Health & Safety Association
R Hotel Gander, Gander, NL
Tel: 709-9889 Fax: 709-576-1409
For further details visit our web page
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Safety precaution is not something instinctive We are not born with a safety gene. Knowing how to be healthy and safe is something we learn each and every day. In every area of life, there are potential hazards that could put us in harms way - so are you doing everything you can to protect yourself and others at home, at work and at play? Safety in my home is a way of life. I work for a safety-focused organization and my husband is a safety professional. Phrases like: ‘be careful’, ‘don’t run’, ‘watch your step’ or ‘pick that up before someone gets hurt’ are common. Our children are learning by doing and hopefully we can instill in them a ‘safety awareness attitude’. Good health and safety practices are the essentials for maintaining long and healthy lives. And, by following such practices, we are creating a safe environment for ourselves and others. When we take the ‘safety attitude’ into the workplace, we are helping to create an atmosphere where there are fewer accidents and injuries, and people are healthy and happy. Safety at home, at work and at play is everyone’s responsibility, so put yourself in check today and see just how safety conscious you are.
The benefits of safety awareness are enormous!
Kathy Dicks-Peyton, Editor
Kathy Dicks-Peyton is the Manager of Communications and Event Planning with the Workplace Health, Safety and Compensation Commission
If you are looking for DVDs to inspire discussion at your workplace and prevent injuries and illness call: 778-1000 or visit the Rod Stickman section of the Safework website at: www.safeworknl.com
Working Safely by Design
Slip and Falls
Working from Heights
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occupational Health & Safety certification Training Winter / Spring 2010 Training programs give employees the skillsets they need to do their jobs safely. WHSCC Prevention Workshop Series April, May, June, July April – Industrial Hygiene – Overview of Chemical Hazards in the Workplace (9am – 1pm)
June – Emergency Preparedness (9am – 1pm) June 2 – Marystown June 7 – Corner Brook
April 5 – Corner Brook
June 8 – Stephenville
April 6 – Stephenville
June 14 – Grand FallsWindsor
April 8 – Marystown April 12 – Grand FallsWindsor
June 15 – Gander
April 13 – Gander
June 21 – Bay Roberts
April 14 – Clarenville
June 22 – St. John’s
April 19 – Labrador City
June 23 – St. John’s
April 20 – Happy ValleyGoose Bay
June 29 – Labrador City
April 27 – Bay Roberts April 28 – St. John’s April 29 – St. John’s
June 16 – Clarenville
June 30 – Happy ValleyGoose Bay
July – Review, Evaluate & Monitor Your OH&S Program (9am – 4pm)
May – Effective Safety Talks (9am – 1pm)
July 5 – Corner Brook
May 3 – Corner Brook
July 6 – Stephenville
May 4 – Stephenville
July 7 – St. John’s
May 10 – Grand FallsWindsor
July 8 – St. John’s
May 11 – Gander
July 15 – Bay Roberts
May 12 – Clarenville
July 19 – Labrador City
May 17 – Labrador City
July 21 – Happy ValleyGoose Bay
May 18 – Happy ValleyGoose Bay
July 13 – Marystown
May 25 – Bay Roberts
July 26 – Grand FallsWindsor
May 26 – St. John’s
July 27 – Gander
May 27 – St. John’s
July 28 – Clarenville
May 31 – Marystown
August = no workshops To register, call Heather King at: 778-2926 or 1-800-563-9000, Fax: 778-1587 or email: workshops@whscc.nl.ca Registration must be received no later than one week prior the individual session. Sessions may be cancelled due to lack of registered participants. Notification of cancellation of session will be provided to registered participants one week prior to the scheduled individual session.
safeworknews publication agreement #40063376
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ICE our prevention efforts are paying off.
WHSCC, Gold in the Social Marketing category at the 2010 ICE Awards, Atlantic Canada’s largest advertising awards program.