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Supervisor fined after workers exposed to asbestos dust

A supervisor with an asbestos abatement company, and his employer, have pleaded guilty to charges under the Occupational Health and Safety Act and were fined, after workers were exposed to asbestos dust on a job site.

The supervisor was fined $4,000.00 after pleading guilty to failing to ensure workers used protective clothing and equipment.

Three workers were working on an asbestos abatement project at a single-family home. The abatement area was enclosed.  In that area, certain asbestos containing materials had been removed and there was an asbestos dust hazard present.

A Ministry of Labour inspector attended and conducted an inspection.  The inspector found one of the workers exiting the enclosed area wearing street clothing.  Two other workers were found inside the enclosed area not wearing protective clothing; one was performing clean-up and the other was securing bags filled with asbestos-containing material.

The Ministry of Labour, in its press release, states that “There is potential for harm when workers and others are exposed to even small amounts of asbestos.”

The company pleaded guilty to failing to ensure that only persons wearing protective clothing and equipment enter a work area where there is an asbestos dust hazard. The company was fined $25,000.00.

The Ministry of Labour generally does not put out a press release for cases involving a fine of less than $50,000.00.  It appears from this and other press releases in asbestos cases, though, that the MOL may make an exception for cases involving asbestos.

The Ministry of Labour’s press release may be read here.

 

Supervisor fined after workers exposed to asbestos dust

Employer Who Voluntarily Complied with MOL Inspector’s Orders Was Not Entitled to Suspension of Orders Pending Appeal

The Ontario Labour Relations Board has held that where an employer had complied with a Ministry of Labour inspector’s compliance orders under the Occupational Health and Safety Act, to the satisfaction of the MOL, the operation of the orders should not be suspended while the employer appeals the orders.

Employers sometimes appeal MOL inspectors’ orders after an accident, in the hopes of obtaining a decision from the OLRB that the employer did not commit any violation of the OHSA that would justify the orders.  Such a decision can be useful in avoiding charges under the OHSA.

In those cases, employers will often seek a suspension of the inspector’s orders until the appeal is decided.

The OLRB decided, however, that where the employer has already complied with an order, the suspension request is moot and should not be granted. In particular, there was no prejudice to the employer if the operation of the order was not suspended.

This decision shows that an employer wishing to obtain such a suspension cannot voluntarily comply with the orders. Instead, the employer must quickly appeal the order and apply for a suspension, before the deadline set by the MOL inspector for compliance with the order.  The employer may, however, proceed with the appeal of the (unsuspended) order.

Horizon Utilities Corporation v A, 2014 CanLII 75404 (ON LRB)

Employer Who Voluntarily Complied with MOL Inspector’s Orders Was Not Entitled to Suspension of Orders Pending Appeal

WSIB Age Cut-off for Loss-of-Earnings Benefits not Discriminatory Against Older Workers: Court

Ontario’s Divisional Court has decided that the Workplace Safety and Insurance Act’s age cut-off for loss of earnings benefits for older workers did not violate the Canadian Charter of Rights and Freedoms.

Subsection 43(1) of the WSIA cuts off loss of earnings benefits when an employee reaches 65 years of age, if the worker was less than 63 years of age on the date of the injury; or two years after the date of the injury, if the worker was 63 years of age or older on the date of the injury.

The appellant worker, Daniel Gouthro, worked for the City of Toronto. He was injured at work when he was 63 years old.  Because of subs. 43(1) of the WSIA, the WSIB cut off his loss of earnings benefits two years after the date of the injury, when he was 65 years old. Gouthro argued that that cut-off was discriminatory and thus violated the Charter.

The Court noted that one of the stated purposes of the WSIA was that the WSIB operate in a “financially responsible and accountable manner”, so loss of earnings benefits cannot be paid for life.  If the WSIA provided that injured workers were to receive loss of earnings benefits until they died, that would imply that people work until they die.  Both intuitively and statistically, that seemed incorrect.  The Court noted that loss of earnings benefits should be replaced by retirement income benefits at an age reflecting typical retirement.

The Court also noted that the WSIA’s cut-off of loss of earnings benefits “does not create a disadvantage based on a stereotypical attribute. It is grounded in the statistically verifiable facts referred to earlier; namely that as of 2008 approximately 90% of Canadian workers stop working at the age of 65 years and 90% of workers injured after the age of 61 return to work within two years.”

As such, the WSIB’s age cut-offs were not discriminatory and remained in effect.

Gouthro v. Workplace Safety and Insurance Appeals Tribunal et al., 2014 ONSC 7289 (CanLII)

 

WSIB Age Cut-off for Loss-of-Earnings Benefits not Discriminatory Against Older Workers: Court

Where MOL Inspector Withdraws OHSA Compliance Order, OLRB Cannot Reinstate While Appeal Argued

Although an employer may appeal a Ministry of Labour inspector’s rescission (withdrawal) of a compliance order that he or she wrote to an employer under the Occupational Health and Safety Act, the Ontario Labour Relations Board cannot suspend that rescission – effectively reinstating the order – until the appeal is decided, the OLRB has held.

In July 2014, an MOL inspector issued 4 orders against the Ontario Ministry of Children and Youth Services.   In August, the inspector rescinded 3 of those orders.

The union, Ontario Public Service Employees Union, appealed the rescission of the 3 orders and asked the OLRB to suspend the inspector’s rescission of those 3 orders pending the result of the appeal.  Effectively, the union was asking for the orders to be reinstated while the appeal was being argued.

The OLRB refused to suspend the rescission of the 3 orders. It stated that the OLRB has authority to suspend the operation of an order, but not of a non-order.  The MOL inspector’s rescission of the order was equivalent to not issuing an order.   There was nothing to suspend.

This means that where an MOL inspector withdraws a compliance order under the OHSA, the order will remain withdrawn unless and until the OLRB, after hearing the full appeal, reinstates the order.

Ontario Public Service Employees Union v Ontario (Ministry of Youth and Children Services), 2014 CanLII 75073 (ON LRB)

Where MOL Inspector Withdraws OHSA Compliance Order, OLRB Cannot Reinstate While Appeal Argued

The deadline for Albertans to provide input on changes to Alberta’s Occupational Health and Safety Code is fast approaching

The Alberta government has made revisions to Alberta’s Occupational Health and Safety Code and has invited the public to provide comments on the proposed changes by way of surveys. The deadline for completing the surveys is January 31, 2015.

Some of the proposed changes include requiring employers to develop written policies and procedures to deal with workplace harassment (in addition to workplace violence) and changes to Part 29 – WHMIS to align with the proposed federal legislation.

To review the proposed changes and complete the surveys go to http://work.alberta.ca/occupational-health-safety/ohs-code-public-consultation.html.

The deadline for Albertans to provide input on changes to Alberta’s Occupational Health and Safety Code is fast approaching

OLRB Agrees to Hear Another Harassment Case

The debate continues as to whether the Ontario Labour Relations Board has jurisdiction to hear harassment-reprisal complaints under the Occupational Health and Safety Act, but another Vice-Chair of the OLRB has said “yes”.

As we wrote in another post, an earlier OLRB decision called Investia had suggested that because the OHSA does not require employers to prevent harassment – but only to have a harassment policy and program, to provide “information and instruction” to employees on harassment, and to post the policy – the OHSA does not protect employees who were dismissed for complaining about harassment.

Recent decisions of the OLRB, and now the OLRB’s November 21, 2014 decision involving Celco Inc., have come to the opposite conclusion.  In the Celco case, an employee alleged that she had experienced continuing workplace harassment from a co-worker and had complained to the employer about it several times.  She said that the employer took no action, but rather dismissed her from her employment the same day she complained to the employer about harassment.

Vice-Chair Derek Rogers of the OLRB stated:

“The applicant has asserted that she sought to have the responding party investigate and deal with her complaints and that she sought enforcement of the Act by making her reports.  For the purposes of the responding party’s motion and at this stage of the proceedings, that is sufficient in the Board’s view . . . According to the applicant’s allegations, there was a very close temporal nexus between the applicant’s raising issues about what she alleged as ‘workplace bullying’ by a co-worker (by then promoted to a supervisory position over the applicant) and the notification by Celco that the applicant’s employment was terminated.  The timing of the ‘without cause’ termination of employment and the allegation that there was no rationale offered other than that the applicant was not happy at Celco are sufficient in the Board’s view to support the proposition that Celco should be called upon to explain its position regarding the employment termination.”

As such, the OLRB permitted the employee to advance her complaint that she was retaliated against for complaining about harassment, and that that retaliation violated the OHSA.  The OLRB rejected the employer’s request to dismiss the complaint at an early stage.

One lesson from the decision is that wherever there is a risk that the employee will allege that her dismissal was in retaliation for her raising safety concerns, the employer should, in the termination letter, provide a clear and supportable non-retaliatory rationale for the termination.  By not offering a rationale, the employer may encourage a presumption that the employee was dismissed in retaliation for raising safety issues.

Ram v Celco Inc., 2014 CanLII 74839 (ON LRB)

OLRB Agrees to Hear Another Harassment Case

Two company directors jailed 25 days after worker dies, no safety training provided

Rarely are senior corporate officials jailed for health and safety offences in Canada.  But recently, two company directors of an importer and retailer of furniture and accessories, were jailed for 25 days after a worker died from a fall.

The Ontario Ministry of Labour says, in its press release, that the worker was moving merchandise at the Brampton workplace of New Mex Canada Inc., using a combination forklift /operator-up platform called an order picker. The order picker had been modified to add a platform supported by the forks that was tack-welded to the operator platform. There was no guardrail around the added platform. The worker was not wearing fall protection.  The worker was pronounced dead after he was found on the floor.  The cause of death was  determined to be blunt force trauma to the head.

The Ministry of Labour states that its investigation found that there had been no health and safety training provided to warehouse workers, and workers said that they were not provided with fall protection equipment.

The two corporate directors were charged with failing as directors of New Mex Canada Inc. to take reasonable care that the corporation complied with the Occupational Health and Safety Act and with Regulation 851 (Industrial Establishments). Both pleaded guilty.   Both received a 25-day jail sentence, to be served on weekends.  Also, both were ordered to take a health and safety course within 60 days.

Further, the employer, New Mex Canada Inc. was fined $250,000.  It pleaded guilty to failing to provide training and supervision to a worker regarding fall protection and/or working from a height, and failing to ensure the safety measures required by law were carried out.

The Ministry of Labour’s press release can be found here.

Two company directors jailed 25 days after worker dies, no safety training provided

Persistent mockery, intimidation of supervisor was “juvenile and unworthy of a 12 year old”, warranted 6-month suspension of long-term employee

An employee’s persistent mockery and intimidating conduct towards a supervisor warranted a 6-month suspension, an arbitrator has held.

The employee’s conduct included the following:

1. On one occasion, after the supervisor greeted him, the employee started hollering aggressively at him, “Oh that’s the way it’s gonna be … Hi Dan, Oh Hi Dan, How are you.”  The employee continued to yell at the supervisor until he was far enough away that he could not hear him.

2. The next week, the employee was parked nearby and when he saw the supervisor, he rolled his window down and started hollering an aggressive and sarcastic greeting to him.

3. The next week, the supervisor met up with the employee who gave him a similarly aggressive greeting.

4.  When the supervisor was leaving work at the end of another day, the employee drove up in a truck so that he was close to the supervisor and rolled his window down and aggressively and sarcastically greeted him.

5.  On another occasion, the supervisor observed the employee see him, and said “good morning” and he replied with the aggressive greeting.  The employee continued with the loud aggressive greeting until the supervisor unlocked the door to the stores area and went in.

6.  Another day, the employee approached the supervisor and loudly greeted him, interrupting his conversation with another worker.

7.  Lastly, on another occasion, the employee very loudly and aggressively called out to the supervisor and carried on with an aggressive and bullying greeting.  This continued until the supervisor had reached the doorway that exits into a hallway.

The supervisor reported that the employee’s conduct was causing him to have trouble concentrating, he wasn’t sleeping, and his wife was concerned for their safety. He went to see his doctor and was referred for counselling.

The arbitrator found that the employee’s conduct appeared to relate to the supervisor’s efforts to bring some efficiency to an area of the company’s operations that was “in demonstrable need of change”.  The employee admitted that he had been deliberately sarcastic, that he knew his conduct was unwelcome, and that he had tried to get under the supervisor’s skin.  The arbitrator decided that his conduct violated the company’s violence and harassment policy.

The arbitrator stated that the employee’s conduct was “juvenile and unworthy of a 12 year old, let alone a man in his 50s.  It also however had a goading, threatening quality to it.”

The arbitrator concluded, however, that the employee’s conduct was “more immature than intentionally threatening”.  Also, had the supervisor warned the employee right away or reported the incidents under the violence and harassment policy (he said that he had not reported because he “did not want to make trouble” and feared how the employee would react), the employee might have changed his ways.

Given that, and the employee’s 34 years of service, the arbitrator reinstated the employee with no back pay, resulting in a six-month suspension without pay.  The employee was given “one last opportunity to show he can conduct himself in a civil and respectful way in his workplace.”

Hinton Pulp, A Division of West Fraser Mills Ltd. v Unifor Local 855, 2014 CanLII 57678 (AB GAA)

Persistent mockery, intimidation of supervisor was “juvenile and unworthy of a 12 year old”, warranted 6-month suspension of long-term employee

Total fines now $1.24 million in Christmas Eve fatalities after swing stage company and director fined

The total of safety fines paid for the December 24, 2009 swing stage collapse fatalities is now $1,240,000 after Swing N Scaff Inc., the company that supplied the swing stage platform (a suspended work platform), was fined $350,000.00 and a director of Swing N Scaff was fined $50,000.00 under the Ontario Occupational Health and Safety Act.

Four parties have now been convicted and fined as a result of this tragic accident: Metron Construction Corporation, a director of Metron, Swing N Scaff and a director of Swing N Scaff.

The Ministry of Labour states, in its press release, that at least six workers were on the swing stage suspended 13 floors above the ground when it broke apart in the middle and collapsed.  Ministry of Labour investigators found that the welds on the platform were inadequate.  Tragically, four workers died.

Swing N Scaff pleaded guilty to the Occupational Health and Safety Act offence of failing to ensure that a suspended platform and/or a component supplied to Metron Construction was in good condition.

The director of Swing N Scaff pleaded guilty to failing to take all reasonable care to ensure a suspended platform was in good condition and that a platform weighing more than 525 kilograms was designed by a professional engineer in accordance with good engineering practice.

Previously, Metron Construction was fined $750,000.00 for criminal negligence under the “Bill C-45″ amendments to the Criminal Code; that amount was increased on appeal from the $200,000.00 fine set by the trial justice.  Metron’s Criminal Code liability resulted from the actions of its site supervisor, who Metron admitted was a “senior officer” of Metron, so that his actions were taken to be the actions of Metron.  The site supervisor had directed and/or permitted six workers to work on the swing stage when he knew or should have known that it was unsafe to do so; directed and/or permitted the six workers to board the swing stage knowing that only two lifelines were available; and permitted persons under the influence of drugs to work on the project.

A director of Metron Construction was previously fined $90,000.00 under the Occupational Health and Safety Act for failing to ensure that non-English speaking workers received written material in their native languages and failing to ensure that training records were maintained; failing to ensure that the swing stage was not defective or hazardous (by allowing it to be used without having received any of the required information with respect to its capacity and use); and failing to ensure that the swing stage was not loaded in excess of the load that the platform was designed and constructed to bear.

The Ministry of Labour’s press release on the Swing N Scaff fine may be read here.

Total fines now $1.24 million in Christmas Eve fatalities after swing stage company and director fined

“It is not the Board’s role to chase” unrepresented employee: safety-reprisal complaint dismissed

The Canada Industrial Relations Board has dismissed a safety-reprisal complaint where the employee, representing himself, missed deadlines and failed to respond to CIRB correspondence.

The employee filed a complaint alleging that his employer took action against him for exercising his safety rights, contrary to the Canada Labour Code.  The employer said that the employee’s job performance was the reason for taking action against him.

The CIRB asked both parties for more focused submissions.  The employee did not provide his submission within the time frame set by the CIRB.  The CIRB then extended that time frame after the employee said that he had moved.  The employee then failed to open the CIRB’s registered letters or keep the CIRB apprised of any further changes in his address.

The CIRB quoted from a previous decision, Reid2013 CIRB 693 (CanLII), in which it had stated:

“As mentioned above, the Board is fully aware that Ms. Reid, like many unrepresented litigants, may not be familiar with the Code. But a complainant still has the ultimate obligation of going through his/her own material, including allegedly relevant documents, and drafting a complaint in accordance with the Regulations.  That obligation is not satisfied by filing hundreds of pages of documents and implicitly asking the Board to go through it and decide what, if anything, should form part of a complaint.”

The CIRB ultimately concluded:

“In this case, Mr. Shmig claimed in a discussion with the IRO that he never received the Board’s decision requesting more particularized pleadings. The IRO sent him another copy of the decision.  When Mr. Shmig failed to provide the requested pleading, he claimed in another discussion with the IRO that the emailed copy of the decision had never reached him.  Finally, after the Board granted Mr. Shmig an extension to file the requested particulars, Mr. Shmig failed to pick up two separate Board mailings which had been couriered to his last known address.

Ultimately, it is not the Board’s role to chase after a party for its pleading. The Board is satisfied that it provided Mr. Shmig with several opportunities to pursue his complaint. For whatever reason, Mr. Shmig chose not to do so.”

The employee’s complaint was therefore dismissed.

Shmig, 2014 CIRB 724 (CanLII)

“It is not the Board’s role to chase” unrepresented employee: safety-reprisal complaint dismissed

Alberta employer fined $80,000 following conveyor incident

An Alberta employer has been sentenced to a fine of $80,000 plus the 15% victim fine surcharge following a workplace incident which occurred in 2011 at its distribution center.

A worker was injured while bending down under a conveyor to plug in a portable weigh scale. As she bent down, she felt herself being propelled violently backward. A subsequent investigation determined that her hair had become entangled in the drive shaft under the conveyor. She sustained numerous injuries, losing part of her thumb and part of her hair.

At trial, the employer was convicted of two offences under the occupational health and safety legislation, the court finding that the employer had failed to establish the defence of due diligence. In its sentencing decision, the court considered the employer’s safety policies and its corporate commitment towards safety to be mitigating factors. However, the court noted that the employer had been convicted for failing to use all reasonable measures to ensure the safety of its workers who worked near the conveyor. Company officials had failed to recognize, over a four year period, that a large portion of the conveyor was unguarded. The court was also critical of the training given to workers about the dangers of conveyors. Thus, while the employer was concerned about safety, the court found that it had not been vigilant enough.

The court also considered the impact of the incident on the worker as increasing the gravity of the offence. However, the lack of a guilty plea was not treated as an aggravating circumstance. The court also inferred that the employer was remorseful based on the steps it had taken following the incident, and considered that a mitigating circumstance.

The court reviewed the sentencing jurisprudence but considered this case to be unique in relation to the fact that the employer’s oversight took place over four years and caused considerable pain and disfiguring injuries. Thus, a fine of $80,000 was considered appropriate.

This case serves as yet another example of the difficulty of successfully establishing a due diligence defence. It is also a reminder to employers to ensure they perform appropriate and thorough safety inspections and consider all aspects of the workplace that could potentially pose a danger to workers. This decision also demonstrates that while sentencing precedents are useful, the court is not bound by them and must consider all of the circumstances of the case in determining an appropriate sentence.

R. v. Value Drug Mart Associates Ltd., 2014 ABPC 255 (CanLII)

Alberta employer fined $80,000 following conveyor incident

Dismissal of safety-reprisal complaint set aside where employee, mistaken about start time, failed to attend hearing

An employer is facing a resurrected Ontario Labour Relations Board safety-reprisal hearing after the case was dismissed when the employee failed to attend the hearing.

The OLRB dismissed the complaint as abandoned after the employee failed to attend the hearing, which was scheduled to start at 9:30 am.  The OLRB, as is its practice, waited 30 minutes before it dismissed the application. The employer’s representatives were in attendance.

The next day, the employee sent a letter to the OLRB stating that he mistakenly arrived for the hearing at 11:30 am believing that it would start at noon.  He said that he had assumed the noon start time because the previous mediation in the case had started at that time.

The OLRB stated that while it had sympathy for the employer, the employee had demonstrated an effort to participate in the hearing.  He had traveled from Ottawa to Toronto only to find out that he was incorrect about the starting time, and had immediately notified the OLRB about the error and sought to have the complaint re-listed. The OLRB agreed to re-list the complaint for hearing, and overturned the dismissal.

Boville v Alltrade Industrial Contractors Inc, 2014 CanLII 50099 (ON LRB)

Dismissal of safety-reprisal complaint set aside where employee, mistaken about start time, failed to attend hearing

“Zero tolerance”, automatic suspension approach to safety violations criticized, written warning substituted

Employers are increasingly taking a “zero tolerance” approach in which a minimum level of discipline – whether a suspension or dismissal – is imposed for certain serious safety violations. In a recent case, an arbitrator criticized the approach as unfair to the employee.

Plant security, conducting a random vehicle search as the employee left the premises, found a partially-consumed bottle of flavoured vodka beneath some camping equipment in the trunk of the vehicle.  The employee co-operated in the search, expressed surprise at the presence of the bottle, and voluntarily submitted to drug and alcohol testing, the results of which were negative.

The employee explained that he had borrowed his wife’s vehicle when his vehicle would not start, and that his daughter had previously borrowed his wife’s vehicle for a camping trip and had apparently not unpacked the trunk. He confirmed this on a call to his daughter in the presence of plant security. He said that he was unaware that the bottle was in his trunk when he drove to work.  The employer admitted, at arbitration, that it had no reason to disbelieve the employee.

The company suspended the employee for three days.

The company said that it had a zero tolerance policy on possession of alcohol on plant property, calling for a minimum three-day suspension.  The company’s “Rules of Conduct” stated that “Possession and/or consumption of alcohol and/or illicit drugs on Company property” would be “subject to severe discipline, up to and including discharge”.  All parties agreed that the workplace was safety-sensitive.

The arbitrator referred to “zero tolerance in the broader sense of requiring that each and every incident be investigated and addressed”, in contrast to zero tolerance “in the narrow sense of an automatic penalty for every violation regardless of the circumstances.”  He stated, “Zero tolerance in the latter sense has been held to be inconsistent with the just cause standard, so that a rule that would otherwise pass the KVP test must fail on the first criterion of consistency with the collective agreement”.

In conclusion, the arbitrator agreed that the company had just cause to discipline the grievor for violation of the rule against possession of alcohol on company property.  He concluded, “I accept that in the interest of workplace safety the Company is justified in adopting an approach of zero tolerance for breaches of that rule, to the extent that each and every incident is to be investigated and appropriate discipline imposed. I reject the imposition of an automatic penalty of suspension without regard to the totality of the circumstances as inconsistent with the just cause standard set out in the collective agreement.”

U.S. Steel v United Steelworkers, Local 1005, 2014 CanLII 50003 (ON LA)

“Zero tolerance”, automatic suspension approach to safety violations criticized, written warning substituted

Fake e-mail to other employees results in criminal mischief conviction

An Ontario employee has been convicted of criminal mischief after sending a fake e-mail to fellow employees, degrading another co-worker.

The employee, apparently upset that the co-worker rejected his request that they be more than friends, sent an e-mail to nine other employees, purportedly from the female co-worker. The e-mail degraded the co-worker professionally, sexually and physically.

The employee pleaded guilty to criminal mischief.

The employee also pleaded guilty to separate criminal harassment charges, apparently unrelated to the workplace. He received a suspended sentence and two years’ probation on the mischief charge, and 90 days’ imprisonment (in addition to 2 months’ time served) on the criminal harassment charge.

R. v. Dewan, 2014 ONCA 755

Fake e-mail to other employees results in criminal mischief conviction

Ontario taking steps to implement GHS (Globally Harmonized System of Classification and Labeling of Chemicals), amend WHMIS requirements

The Ontario Ministry of Labour is proposing amendments to safety laws as part of a broader national and international initiative to implement the “Globally Harmonized System of Classification and Labeling of Chemicals”, known as “GHS”, which is a worldwide system of classifying and providing information about hazardous workplace chemicals.

The proposed amendments are to the Occupational Health and Safety Act provisions that relate to the Workplace Hazardous Materials Information System (WHMIS), and to certain provisions of the WHMIS regulation.

The MOL notes that the United States, Australia, New Zealand, the European Union, China, Japan and South Korea are already in the process of implementing the GHS.

In Canada, the federal government has taken steps to implement the GHS.  The MOL says that, “All provinces and territories must amend their WHMIS requirements to reflect the changes to WHMIS legislation and regulations”.

The MOL is proposing that new requirements would come into force on June 1, 2015, but that there would be a lengthy transition period until June 2017 for full implementation of the GHS.

The MOL’s consultation period runs from November 3, 2014 to December 19, 2014.

For more information, click here.

Ontario taking steps to implement GHS (Globally Harmonized System of Classification and Labeling of Chemicals), amend WHMIS requirements

Ontario MOL consulting on extending noise protection to all Ontario workers

The Ontario Ministry of Labour is proposing that all Ontario workers be protected from excess noise in the workplace.

Currently, the regulations for Industrial Establishments, Mines and Mining Plants and Oil and Gas-Offshore include noise-protection provisions.  However, many Ontario workplaces are not covered by those regulations.

The MOL says that examples of Ontario workers that are not currently covered by noise-protection requirements in the existing regulations, are those in health care facilities, schools, farming operations, fire services, police services and amusement parks.

The MOL has also released a proposal to introduce noise protection requirements for Ontario construction workers.

Comments on the proposal are due on December 29, 2014.

For more information, click here.

Ontario MOL consulting on extending noise protection to all Ontario workers

Federal work refusals now require “imminent or serious threat”

Federal employers have a new definition of “danger” to apply, and an updated work refusal process to use, effective October 31, 2014.

The federal government amended the definition of “danger” to, according to a government statement, “ensure that work refusals are used only when employees are facing an imminent or serious threat to their life or health.”

“Danger” is now defined as “any hazard, condition or activity that could reasonably be expected to be an imminent or serious threat to the life or health of a person exposed to it before the hazard or condition can be corrected or the activity altered.”

The previous definition of “danger” was the somewhat-convoluted, “any existing or potential hazard or condition or any current or future activity that could reasonably be expected to cause injury or illness to a person exposed to it before the hazard or condition can be corrected, or the activity altered, whether or not the injury or illness occurs immediately after the exposure to the hazard, condition or activity, and includes any exposure to a hazardous substance that is likely to result in a chronic illness, in disease or in damage to the reproductive system”.

The federal Labour Program also states, on its website,

“The refusal to work process has been amended to clarify when the employer and health and safety committee (or representative) must conduct their investigations and the Labour Program has developed a report template that can be used to record the findings. For further information, please consult Information document 4, “Right to Refuse Dangerous Work” and a series of questions and answers pertaining to the restructured process.”

 

Federal work refusals now require “imminent or serious threat”

Failing to correct hazards, pay OSHA fines gets U.S. business owner taken into custody

An Illinois business owner has been taken into custody after his business failed to correct serious trenching hazards and pay Occupational Safety and Health Administration penalties.  The case illustrates the personal risk to business owners and executives who neglect occupational health and safety legislation.

An April 2013 statement from OSHA said that the business owner had been cited for “seven safety violations, including three willful, for failing to protect workers from cave-ins and moving soil and chunks of asphalt during trenching operations.”

A U.S. judge granted a motion filed by the U.S. Secretary of Labor against the owner, a sewer and water contractor.  OSHA states the business owner had a “long history of failing to comply with OSHA standards and orders of the independent Occupational Safety and Health Review Commission”.

OSHA reports that the court had previously issued an enforcement order against the owner and when he failed to comply, the court held him in contempt.  Then, after receiving no response from the owner, the court granted the Secretary of Labor’s motion to take “coercive actions”, ordering him placed into the custody of the Attorney General.

OSHA says that the owner will remain in custody until he has either fully complied with the court’s enforcement order or demonstrated that he is unable to comply.

OHSA’s statement on this matter may be read here.

Failing to correct hazards, pay OSHA fines gets U.S. business owner taken into custody

New Ontario Safety Blitz Targets Large Number of Industrial Workplaces

The Ontario Ministry of Labour will conduct a safety blitz of industrial workplaces from November 3rd to December 14th, 2014.

Although the MOL’s bulletin regarding this blitz does not say it, employers should ensure that all of their health and safety postings are up, and that all workers have received the mandatory health and safety awareness training; inspectors will likely be checking those items.

The MOL states that its inspectors will “visit wood and metal fabrication, manufacturing, chemical and plastics and automotive plants and other industrial sector workplaces.”  This description includes a large number of workplaces.

The inspectors will be checking for machines that are not properly guarded, locked out or blocked.  The MOL says that inspectors will also check that workplaces have a strong internal responsibility system in place; that employers are “working to prevent awkward postures and repetitive motions that could lead to musculoskeletal disorders involving injuries and disorders of the muscles, tendons, nerves, joints and spinal discs”; and that workers are protected from exposure to chemicals (such as metalworking fluids and degreasing solvents) that could cause occupational disease.

The MOL’s Bulletin on the blitz may be accessed here.

New Ontario Safety Blitz Targets Large Number of Industrial Workplaces

Ontario Ministry of Labour Inspector Charged with Extortion

According to a Toronto Police news release, on October 21, 2014, a Ministry of Labour Inspector was arrested and charged with breach of trust, accepting a benefit from a person having dealings with government, and extortion, after he allegedly requested money from the owner of a business after a safety audit revealed the business did not comply with certain provincial standards.

Toronto Police state that the investigation began on June 25, 2014 when they received a call for a Fraud in the Markham Road and McNicoll Avenue area. The owner of the business alleged that a Ministry of Labour inspector conducted a safety audit and found a number of items that were not in compliance with provincial standards. The inspector left the owners to fix the issues; however, it is alleged that he returned to the business and made an improper request for money from the owner.

Joseph Ah-Hone, 55, is scheduled to appear in court on December 4, 2014.

By way of the Toronto Police news release, the Ontario Ministry of Labour reminded the public that inspectors are trained in legislation, policy and procedures and technical requirements, and adhere to a code of professionalism. As public servants, inspectors are forbidden from accepting money or commissions for any of their services.  Police say there may be other victims.

Click here to read the Toronto Police news release.

Ontario Ministry of Labour Inspector Charged with Extortion