British Columbia Provincial Court Judge Terese Alexander has handed the United Steelworkers Union a victory in its fight to see that Weyerhaeuser faces criminal charges in the death of a B.C. sawmill worker more than six years ago, when she ruled that the union presented enough evidence to proceed.

The worker at the Weyerhaeuser sawmill in New Westminster, Lyle Hewer, died on November 17, 2004 when he walked into the bottom of a hopper that fed wood waste into a grinding machine, called a hog. The wood waste that had been wedged above him came loose and rained down on him, killing him.

A report by WorkSafeBC investigators noted that Weyerhaeuser management knew that unclogging the machine was very dangerous, since a worker had previously been injured doing it, but they did nothing about about the situation, out of concerns for costs. In fact, entering the machine from underneath was still common practice at the time of the accident, even though it violated safety regulations.

In 2007, WorkSafeBC levied a $297,000 fine against Weyerhaeuser for the accident, saying safety risks were ignored at the mill. At the time, the fine was the highest the workers compensation agency had ever issued.

Police also investigated the incident at the time, and recommended criminal charges against the company. The Crown concluded, however, that although it would be in the public interest to prosecute, it was unlikely that a prosecution would proceed. Because of this, the union launched its own private investigation, which led them to conclude that there was enough evidence to charge Weyerhaeuser with criminal negligence in Hewer’s death. When they present the evidence to the judge, she agreed.

The judge’s ruling means Weyerhaeuser will be issued a summons to appear in court, and the Crown will be forced to either decide to proceed with a charge or have the case dropped.

A business consortium from India has expressed a desire to reopen the Jeffrey asbestos mine in Asbestos, Quebec, and an anti-asbestos advocacy group, the Rideau Institute, is upset about the government’s reaction to the overture.

The provincial government is considering a $58-million loan guarantee to the Indian consortium, which is led by Balcorp Inc. The lure of jobs in a down economy is cited as a major reason for even contemplating the deal. The Quebec government is considering paying for routine inspections in India to make sure the asbestos is used safely.

The Rideau Institute, however, believes it would be impossible to regulate safe use of asbestos throughout India because of the generally poor working conditions in that country. For example, when asbestos cement products are dispersed, they will end up in thousands and thousands of poor villages and slums.

The Institute also objects to the fact that Quebec’s Commission de la santé et de la sécurité du travail du Québec (CSST), their workplace health and safety board, is part of an economic mission to India next week to promote the safe use of asbestos. They say the Quebec government should not be helping to export asbestos to India, or anywhere else, for that matter.

The Northwest Territories and Nunavut have begun the process of making drastic changes to their Occupational Health and Safety Regulations (OHSR), but the proposed draft has many businesses concerned.

In fact, there were so much concern expressed by members of the NWT Construction Association and the NWT Chamber of Commerce, that the Workers’ Safety & Compensation Commission (WSCC) of the Northwest Territories and Nunavut announced an extension of the public consultation period for the OHSR to March 31, a full five months later than had originally been scheduled.  It is hoped that the extension will give businesses time to examine the proposed regulations and provide meaningful feedback to the Safety Regulation Review Committee.

The WSCC and the two territorial governments studied the regulatory framework under the current Safety Acts and found it to be “fragmented, outdated, unclear and difficult to enforce,” according to a WSCC press release. The review committee spent two years developing the draft OHSR, which would replace all regulations under the Safety Acts, including the integration of regulations related to asbestos, workplace smoking, silica and soundblasting, among others, and combine them all into a single set of regulations.

Among some of the other changes included in the draft regulations are:

• Creating an enhanced role for joint occupational health and safety committees;
• Facilitating a partnership between employers and workers for greater safety at work sites;
• Facilitating a greater use of practice guidelines, standards and codes, with employers, workers and other stakeholders taking a much greater role in their development;
• Updating requirements for personal protective equipment;
• More directly addressing unique safety issues for workers in extremely cold weather;
• More provisions for radiation safety, including protection of pregnant workers and;
• More regulations dealing with harassment and violence on the job;

Some business groups, however, have complained about what they refer to as the WSCC’s “misguided approach” to developing the new regulations. They point out that a rewrite of the rules doesn’t necessarily lead to improved safety performance in the workplace.

Some have also expressed concern over the size of the draft, which runs approximately 350 pages, which seems excessive to some. In a business climate in which 97% of businesses fit into the “small” category, they wonder how many business owners will read the whole thing and recognize the regulations that apply to them. They worry about the “one-size-fits-all” nature of the new regulations, their lack of a risk assessment component. There are also cost concerns about regulations relating to internal safety committees, additional training and the shutting down of sites if the combined temperature and wind chill drops to -45 C or lower.  A few businesses indicated that they might as well shut down for the winter under such conditions.

For their part, the WSCC acknowledges the media attention they’ve received over the cold weather regulations, and they are sensitive to many other concerns, as well. When the current consultation period ends, they will decide if more consultation is necessary. They hope to put the new regulations in effect by the spring or summer of 2012.

At an annual meeting held on January 16 and 17 in Winnipeg, Manitoba, federal, provincial and territorial labour ministers discussed a number of issues and reaffirmed their continuing commitment to safe workplaces, to protect workers and employers.

The get-together was co-hosted by the Honourable Lisa Raitt, Canada’s Labour Minister, and the Honourable Jennifer Howard, Minister of Labour and Immigration for Manitoba.

Minister Raitt asserted that the Canadian Government’s top priority was the economy and that “safe and healthy workplaces boost productivity and innovation,” and that “the well-being of workers and employers are key to the success and performance of Canada’s economy.”

According to Minister Howard, “Safe and healthy working environments do not just happen, they require a commitment by governments and everyone at the workplace. … Manitoba has long enjoyed a reputation as a leader in workplace health and safety issues and we want to continue to build on our successes.”

The meeting included discussions of Canada’s international labour activities, and endorsed a renewed strategy for Canada’s work as part of the International Labour Organization. They agreed to work together to develop programs that use social media and other tools to enhance the occupational health and safety of young workers.  They also participated in panel discussions regarding the evolution of work and possible long-range labor policy, with an emphasis on labour relations, employment standards, and mental health in the workplace.

The labour ministers’ meeting is an annual event, but ongoing work continues throughout the year, through the Canadian Association of Administrators of Labour Legislation (CAALL). Established in 1938, CAALL is an association of federal-provincial-territorial departments of labour and heads of occupational health and safety agencies.

There has been a rash of accidents involving snowplows in Saskatchewan lately. The latest incident involves a provincial snowplow that was hit  by a semi-trailer on the Trans-Canada Highway on Sunday afternoon, January 16. It was actually the third such incident in less than two weeks.

According to the Highways Ministry, the latest accident occurred during whiteout conditions near Balgonie. The semi swerved and hit the snowplow on the right rear side, causing extensive damage to both vehicles. Neither driver was injured.

That particular crash followed a more serious accident on Highway 40 near Shellbrook on Friday morning, January 14, in which a snowplow operator was plowing in the southbound lanes of the highway when a northbound car crossed into the wrong lane and hit the snowplow head on. The driver of the car in that accident was treated for minor injuries, while two passengers — a woman and a small child — received non-life-threatening injuries.

Another snowplow was hit by a car around noon on Jan. 6. In that incident, the operator had been plowing on Highway 19 near Elbow when he was rear-ended.  According to the Ministry’s report, the driver had entered the whiteout created by the plow before the crash.

Here are some basic safety tips for all drivers when operating near snowplows:

• Stay alert! If you’re on a major road and it’s snowing, there are likely to be plows working.
• Note that snowplows travel slower than posted speeds, and always yield to them.
• Remember that a snowplow weighs far more than a car, and a crash is more likely to do more damage to you and your vehicle than the snowplow and its operator.
• Give snowplow operators plenty of room to do their jobs.
• Never drive into a snow cloud.
• Never use cruise control on wet or icy roads.
• Slow down and be patient. Allow for a safe distance between your vehicle and a snowplow.

Wait until the snowplow pulls over (they do so every 10km) to pass.

Last summer, the Ontario Ministry of Transportation (MTO) began testing a fully mobile work zone barrier system during a concrete repair project on Highway 115, southwest of Peterborough.

The new system is fully mobile, consisting of a wheeled unit, which is pulled by a standard truck tractor. The unit can be deployed relatively quickly and, because of its reversible axles, it can easily be reconfigured for either right or left applications in about half an hour.

These new mobile units, which are bright orange to alert drivers that road work is taking place, reduce the need for road crews to set up a Temporary Concrete Barrier (TCB), which means they can finish road work and reopen a lane in less time.  By adding panels, the size of the work zone can be expanded to as much as 31 metres, and the systems are also customizable, including such options as portable message signs, auxiliary lighting and a privacy barrier. The unit meets U.S. National Cooperative Highway Research Program 350 TL-3 crash test requirements, as well.

The mobile work zone barriers increase the safety of maintenance and construction crews, according to a number of test projects, and past use by others. The state of California has been deploying such mobile barriers since 2004, for example, and they have proven to be very time effective and safe. California refers to its mobile barriers as “Balsi Beams,” because they were developed after worker Mark Balsi was killed by a motorist while picking up trash along the highway. California’s Balsi Beam was among those demonstrated to MTO officials at a conference several years ago, which led to last summer’s trial.

Construction crews have so far found it easy to adapt to the devices, and feel very confident working behind them.  The Highway 115 trial project proved the units to be so effective that the contractor’s schedule was advanced, and work was completed ahead of time, because they were able to eliminate the work necessary in placing and removing the TCB.

Due to the success of the initial mobile barrier trial, MTO expects to expand their use for projects such as pothole filling, pavement testing, crack sealing, bridge and guide rail repairs, and even accident scene investigations.

Photos of the mobile work zone barrier system in action can be found here.

On Tuesday, January 18, emergency crews from La Ronge rescued a 61-year-old worker after he had been trapped for more than eight hours in a five-story chute that leads down to a rock crusher at a northern Saskatchewan gold mill.

RCMP responded to a call from the Jolu gold mill, which is operated by Golden Band Resources, Inc. and is located approximately 130 km north of La Ronge, shortly before 3 p.m. The worker, who is employed by Kitsaki Procon Joint Venture as a welder, was working above the crushing machine when the ground beneath him gave way. He slid down the chute and was pinned against the wall, buried in ore from the waist down.

According to the La Ronge fire department, the space was so small that Arsenault had to do most of the actual digging himself, with rescue crews lifting the buckets of ore out as he did so. They felt they had to move carefully to prevent further problems. This made the rescue effort was long and grueling. Eventually, when the worker was able to get one leg free, he squeezed his other leg out, and rescuers were able to use a harness to lift him out the rest of the way.

Finally, at about 11:30 p.m., the worker was above ground, where he was taken to hospital and treated for hypothermia and mild frostbite, and then released.

Operations at the mill were suspended Wednesday, as they looked into the cause of the incident.

The owner of a Manitoba paving company where 15-year-old worker Andrew James was killed when he was buried in burning asphalt two years ago is facing more than two dozen new charges under provincial workplace health and safety laws. Including the charges his company already faces under the Employment Standards Code for employing a person under the age of 16, Gerald Shepell now faces a total of 29 separate charges in the July 25, 2008 accident.

According to court documents, the new charges include eight counts of failing to ensure the safety, health, and welfare of the workers he employed on that date.

According to reports, Shepell has pleaded not guilty and is scheduled to stand trial on October 7. In an interview, he stated that he didn’t know it was against Manitoba law to employ people younger than 16 at construction sites. He stated that he had the permission of the boy’s parents and thought that was good enough.

For the record, people under the age of 16 are allowed to work in Manitoba, but they must have a permit from the provincial employment standards branch. They are not allowed to work between 11 p.m. and 6 a.m., and they are specifically forbidden from working at construction sites, manufacturing plants, on drilling or servicing rigs or on scaffolding.

As has been promised, Albertans will soon have a new website to check out; one designed to provide them with greater access to employers’ injury and fatality records.

Of course, as usual some folks still have no plans to be satisfied. Some feel that the information will be too limited, and won’t offer an adequate picture of most companies’ safety records. The Alberta Federation of Labour, for example, has issued a statement saying that the government’s “watered-down” website falls short of what they promised eight years ago, and that it doesn’t hold employers accountable.  They would like to see more information on the site, such as specific work site inspection reports, safety violations and enforcement orders

Overall, the provincial government plans to publish partial safety records covering 2005-2009 for roughly 125,000 employers covered by the Workers’ Compensation Board.  Nearly 12,000 businesses that carry voluntary insurance coverage, such as farms, advertising agencies and flyer distributors, won’t be included.

The new site, which should be up and running by the end of September, will include the following information:

• The number of recorded lost-time work injury and illness claims by a company;
• Each company’s lost-time claim rate, which helps measure the likelihood of an occupational injury or disease. The claim rate will then be compared with industry and provincial averages. This number will not be included for employers with fewer than 40 full-time equivalent workers.
• The number of fatalities recorded by each company;
• Whether a business holds a certificate of recognition, which acknowledges an employer has an audited safety program.

The creation of this web site comes as the province faces greater scrutiny of its efforts to protect workers. Last spring, the province received scathing criticism after an Auditor General’s investigation found Alberta Employment wasn’t sufficiently going after employers with poor safety records. That report also voiced concerns about Alberta’s safety certificate program.

Over the past decade, 1,285 Alberta workers have been killed on the job. In 2008 alone, the province had the second-highest worker fatality rate, with a 26-year high 166 workers killed on the job that year alone. Every year, more Albertans die from workplace accidents than from murder.

Be aware, Ontario workers and employers; Ontario’s Ministry of Labour (MoL) is planning another blitz, and this time, they plan to focus on Musculoskeletal disorders (MSDs).

This blitz, which is scheduled to run from September 1 to October 31, 2010, will concentrate on  several industries, including the construction and mining sectors.

The term “Musculoskeletal disorders” covers a wide variety of disorders, including repetitive strain injury, cumulative trauma, back strain and tendonitis. According to the Workplace Safety and Insurance Board, such injuries represent 43% of all lost-time claims. In 2008, there were more than 33,000 lost-time claims attributed to MSDs, resulting in a loss of more than 1.2 million days and costing the province approximately $142 million. And unlike acute, traumatic or sudden injuries, MSDs tend to be slow and cumulative.

The construction aspect of the blitz will concentrate mainly on home building, and will focus on equipment maintenance and access to excavation sites, in order to make sure there are no obstacles, and that workers are walking while they carry materials.

When it comes to the mining industry, inspectors will examine large vehicle access and whether the equipment has enough clearance to compensate for body parts. They will also check to make sure that roadways in surface mines are well maintained, to minimize the whole-body vibration jarring that workers often suffer.