An Ontario company and one of its supervisors have both been hit with fines, after they were found in violation of the Occupational Health and Safety Act twice within the same week for the exact same violation. The first violation resulted in the injury of a student worker, and the second occurred right in front of a Ministry of Labour inspector, as he was investigating the first. The company was Welland-based CRS Specialties Inc., a manufacturer of rebar bending equipment, who was fined $55,000, while a second fine of $4,000 was imposed on the supervisor in question.

The first incident occurred on March 23, 2011. The student had just finished up taking apart a fan and washing it in a Varsol bath, when he was start a welding task. At the time the student worker was wearing a polyester-blend sweatshirt over overalls. The supervisor did not supply him with a welding jacket, welding sleeves, neck shroud or flame-retardant clothing, even though polyester is very flammable, and should not be worn while welding. Predictably, the sweatshirt ignited and caught fire, causing the student to suffer second degree burns.

Unbelievably, a few days later, on March 28, 2011, a Ministry of Labour inspector who was on site investigating the first accident five days earlier, happened to witness another worker in the same workplace performing a welding task while wearing a polyester-blend sweatshirt and only one welding sleeve.

In the Ontario Court of Justice, CRS Specialties Inc. pleaded guilty to failing to ensure that a competent person was appointed as supervisor. In addition, the supervisor pleaded guilty to failing to ensure that a worker was wearing apparel sufficient to protect the worker from injury while welding.

The fines and the legally required 25% victim fine surcharge were imposed by Justice of the Peace B. Phillips on April 4. That means the supervisor will have to pay $5,000 out of his own pocket. How much can you afford for not ensuring the workers in your care are safe?

Based on recommendations made by the Expert Advisory Panel on Occupational Health and Safety, the Ontario Ministry of Labour (MOL) plans to file a regulation to take effect on or about July 1, 2013 that would make basic workplace health and safety awareness training mandatory for just about every worker in the province. It also plans on imposing a January 1, 2014 deadline for employers to make that happen.

According to the MOL website, training will be mandatory for all workplaces in all sectors that are currently covered by the Occupational Health and Safety Act. Of course that includes industrial establishments and construction worksites, but the new requirement is so extensive, it includes workers in what have always been considered low-risk jobs, such as office workers.

The regulation will require that all new supervisors receive supervisory safety awareness training within the first week of starting a new job, and that all new workers receive the worker training as soon as possible after starting work. Those new supervisors and workers who can prove they received the safety awareness training previously with another employer will not be required to retake the training.

The MOL has already finalized and released some of the new training materials that employers can use, in the form of a workbook, entitled “Worker Health and Safety Awareness in 4 Steps,“ and an accompanying employer guide. Both can be found at the MOL website.  Since the new requirement is for basic safety awareness training only, those employers who train workers using these materials will automatically be found in compliance when the regulation takes effect, so there’s no reason to put it off. Keep in mind, however, employers will still have to provide job-specific safety training, developed by the employer, tailored to the job.

Supervisor safety awareness training materials have not yet been finalized, although there is a pilot version is being tested, and there is an employer guide to the supervisor training program.  The final version should be released shortly.

All employers should be aware of the new regulations and requirements. Even if you’ve already provided safety awareness training to workers and supervisors, they will have to be “equivalent” to the new training program or you will not be compliant. Failure to comply with the new training requirements by January 1, 2014 could result in charges and/or fines.

The MOL plans to launch a public consultation on the proposed new regulations, and the MOL will also raise awareness and education on occupational health and safety by launching new resource materials.

The Ontario Ministry of Labour (MoL) wants everyone to know it’s serious about workplace safety, so it will be blitzing well into next year, so it would be wise to spend some time preparing to host an MoL inspector at some point.

As we told you previously, the (MoL) launched a summer safety blitz on May 1, targeting the construction and industrial sectors with a focus on hazards and risks of injury to new or young workers who lack experience. That blitz is ongoing, and will continue through August. They are also in the midst of a Struck by Objects Blitz, which focuses on hazards associated with traffic control during roadwork, which began on June 1, 2012, and will run through the end of the month.

But that was only the beginning.

The MoL will continue blitzing workplaces in July and August, when inspectors conduct a Tower and Mobile Crane Blitz, which will target hoisting hazards. Also in the month of July, the MOL will conduct a Pits and Quarries Blitz, which will  focus on hazards associated with haulage.

In September and October, the MoL will conduct a blitz they call “Supervisory Engagement in Construction,” when they will examine construction companies’ practices with regard to meeting supervisory responsibilities. During that blitz, they will also make sure employers are meeting all training and requirements spelled out under Section 14 Reg. 213/91.

In October and November, inspectors will conduct a blitz examining issues with machine guarding, Material Safety Data and workplace violence in the manufacturing sector. November through February 2013 will feature a safety blitz in the underground mining sector, specifically examining the hazards associated with ore pass and loading pocket systems, and ventilation hazards. February and March 2013 will feature a Slips, Trips and Falls blitz in the industrial and construction sectors, focusing on ladder safety and fall protection systems.

Recently, the Ministry of Labour released the results of its February 2012 Musculoskeletal Blitz. In less than 30 days, inspectors examined more than1,700 workplaces across the construction, healthcare, industrial and mining sectors, and issued just under 5,000 orders overall, including more than 300 stop work orders.  Based on the thoroughness of that blitz and the results they obtained, you can expect the upcoming blitzes to be very comprehensive and thorough, so you might want to prepare now.

The Ontario Ministry of Labour (MoL) is in the process of distributing free workplace posters titled “Health & Safety at Work – Prevention Starts Here” in English, French and 15 other languages to employers all over the province.  According to Ontario’s Occupational Health and Safety Act, those employers who receive the poster will be required to post it in their workplaces immediately. The MOL has said that its inspectors will “begin enforcing the requirement” on October 1, 2012.

Employers who would rather not wait have the option to download and print the poster from the MoL’s website here.  The poster can be printed in black and white or colour and must be posted in print size of at least 8.5 by 11 inches

The poster summarizes workers’ health and safety rights and responsibilities, as well as the responsibilities of their employers and supervisors. It also reminds employers they are forbidden from taking action against workers for following the act or raising workplace health and safety concerns, and seeking enforcement of the OHSA. It also encourages workers to get involved in health and safety and explains when and why to contact the Ministry of Labour.

The poster was created after an expert advisory panel appointed in 2010 found many workers had little or no understanding of the Act, and advised that a health and safety poster be made available in multiple languages.

Any Ontario employers who are considering not putting up the poster yet should know that MoL inspectors will look for it when they arrive at workplaces. By putting up the poster, employers  can show that they are on keeping on top of health and safety law developments.

There have been signs recently that the Ontario Ministry of Labour is stepping up enforcement of the Occupational Health and Safety Act, and pushing for heavier fines for those employers who violate it. During two days in April, two large fines were doled out by the Ontario Court of Justice for accidents in which a worker was injured.

In one case, Welded Tube of Canada Limited, a Concord steel manufacturer, was fined $120,000 for an accident that occurred on August 19, 2009, while a worker was helping to change over part of a mill used to shape steel sheets into tubes. As the worker stood near the back of the mill, a section of the mill was moved into place using a rack and pinion drive system. As it moved into place, the moving rack pinched the worker’s leg and broke it.

The subsequent Ministry of Labour investigation found that the area of the mill where the worker was standing was not guarded to prevent access to the pinch point between the moving rack and the frame of the mill.

Welded Tube of Canada Limited pleaded guilty to failing to ensure that the machinery was guarded to prevent access to its pinch point.

In a case decided a day earlier, Woodstock Auto Recyclers Ltd., a wrecking yard, was fined $60,000 for violations of the Act that arose from a November 16, 2010 accident in which three workers were injured.

In that incident, one worker was removing a gas tank from a car, but the gas tank had not been emptied, so gasoline spilled from the tank and was ignited by a nearby inspection lamp. The closest emergency exit was blocked, however, so the workers were forced to run to the other end of the building to escape, which caused them to suffer burns and smoke inhalation.

Woodstock Auto Recyclers Ltd. was fined $55,000 for failing to provide information, instruction and supervision to a worker for the safe removal of a gas tank, and another $5,000 for failing to ensure that emergency exits were free from obstructions.

In addition to the fines, in both cases the court also imposed a 25% victim fine surcharge, as required by the Provincial Offences Act. The surcharge is credited to a special provincial government fund to assist victims of crime.

The Ontario Ministry of Labour (MoL) has a warning for contractors engaging in projects involving construction workers in high-risk trades: this would be a good time to make sure everything is in safe working order.

The warning comes as part of the Ministry’s March-long inspection blitz. Ministry inspectors will be paying close attention to construction sites featuring high-rise formwork, low-rise formwork and masonry, siding and built-up roofing.  According to ministry statistics, the lost-time injury rate for those five trades is between two and four times higher than that of construction in general.

The stated goal of the blitz is to protect workers from preventable injuries and illnesses arising from unsafe work practices, as well as to increase awareness of key hazards in each trade and to assist workplaces in reaching compliance with legal requirements.

During the targeted inspections, MoL inspectors will look closely at specific hazards, especially those involving workers working very high up, with surroundings offering little or no fall protection; those working with heavy equipment or dangerous hot equipment; and those working in a high-noise environment.  They will pay close attention to hazards that cause slips, trips or falls and unsafe use of equipment, such as ladders, platforms and scaffolds. They will also confirm that there is adequate training and supervision of workers, especially new and young ones. Inspectors plan to take a “zero tolerance” approach to any breach of Ontario’s Occupational Health and Safety Act regulations.

Keep in mind, while this blitz is part of the province’s Safe at Work Ontario strategy to increase compliance with OH&S regulations, it will be conducted in addition to regular inspections already undertaken by the Ministry of Labour.

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.

According to a preliminary report by WorkSafeBC, a worker who died two days after he fell 14 metres while working on the sails at Canada Place on Dec. 2 “was not using a personal fall protection system” at the time of the accident.

Apparently, the 30-year-old worker, Diego Herrera, was wearing a safety harness, but that harness was unattached  when he fell through what the report describes as a “mouse hole” in the sails.

An inspection report taken at the work site also noted a number of violations of safety regulations at the work site, including ropes, straps, webbing, electrical cords and construction debris around the mouse hole in violation of the Occupational Health and Safety Regulation. The report made it clear that there were grounds for imposing an administrative penalty against Birdair Inc. of Amherst, N.Y, the company that was hired to replace the sails at Canada Place by Ledcor Construction Ltd., which is managing the project on behalf of Canada Place Corporation.

The report read, “The employer did not have a fall protection plan for the sealing up of the mouse hole. The mouse hole was not guarded or guard-railed. The area in front of the mouse hole had many slip and trip hazards.”

No further action will be taken, however, until WorkSafeBC’s investigation of the incident is complete.

WorkSafeBC regulations stipulate that an employer must have a fall protection system in place when work is being done at heights of 3 metres or more. The $21-million project to replace the sails — originally erected in 1984 — began in July 2010 and is expected to be completed later this year.

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.