The Ontario government recently launched an eight-week health and safety awareness campaign designed to enlighten construction workers and their employers.

They unveiled the campaign at Algonquin College, at the site of the school’s  new construction trades building, which will open to about 2,500 construction trades students next year. The new campaign follows a 90-day safety enforcement blitz of more than 2,800 construction sites.

Even though the province’s lost-time injury rate among construction workers is one of the lowest in Canada, the 90-day blitz revealed numerous violations, including improper equipment use and poor supervisor and worker training. As a result, Ontario officials decided that it was time to emphasize the need for the entire construction industry to learn the importance of safety.

The campaign is being run in Canadian cities with the highest construction activity, including Ottawa.  It is sponsored by the Ministry of Labour, the Workplace Safety and Insurance Board and the Infrastructure Health & Safety Coalition, and will feature newspaper advertising in the key ethnic languages spoken in the construction sector, and posters will appear on construction fences.  Tip sheets for workers will be available on the ministry’s website at www.ontario.ca/ConstructionSafety.

Another aspect of the campaign revolves around a hope that the public can become more involved in providing information to ministry officials. To that end, a toll free phone number (1-877-202-0008) has been established for the public to call in and report safety issues they see. If a follow-up visit deems a jobsite unsafe, the province can issue a stop-work order in the interests of safety.

MMFX Steel of Canada Inc. has been fined $120,000 for a violation under the Occupational Health and Safety Act that caused a worker’s death.

The accident occurred on January 20, 2009 at the company’s Welland steel mill and foundry, when a worker was walking across the workplace’s yard. The worker crossed the path of a moving front-end loader, and he fell under the vehicle’s wheel. The loader operator did not see the fallen worker, who was run over and killed by the loader.

The company pleaded guilty to violations of Regulation 851/90, Section 20, failing to install signs, barriers or other safeguards in an area where vehicle or pedestrian traffic may endanger the safety of a worker.

The fine was imposed by Justice of the Peace Bruce Phillips. In addition to the fine, the court imposed a 25% victim fine surcharge, as required by the Provincial Offences Act, an amount that is credited to a special provincial government fund to assist victims of crime.  That makes the total cost to MMFX Steel of Canada Inc.

In the wake of the tragic scaffolding accident that occurred last Christmas Eve  in which four foreign workers plummeted to their deaths, two Ontario companies now face the prospect of paying $17 million in fines for violations of the Occupational Health and Safety Act (OHSA), as well as at least $30 million in lawsuits.

Last December  24, five workers were working from a scaffold on the side of aToronto high-rise, when the scaffolding broke apart, causing the workers to fall 13 storeys to the ground, killing four of them, and leaving the one worker who survived with a broken spine and two broken legs.

After a seven-month investigation, the Ontario Ministry of Labour has announced that it would lay 30 charges against the workers’ employer, Metron Construction, four charges against Swing ‘N’ Scaff, the scaffolding supplier, 19 charges against the directors of each company and eight charges against a supervisor. Among the charges against the companies were; failure to ensure workers used devices to prevent them from falling, failure to ensure the platform wasn’t overloaded, failure to ensure the platform was designed according to safety regulations and failure to ensure the workers were properly trained. The charges against the individuals include improper training of employees.

The companies face possible fines of up to $500,000 for each of the charges, while the individuals potentially face a fine up to $25,000, and up to a year in jail for each charge. In addition to facing the potential fines, 22-year-old Dilshod Marupov, the worker who survived, has also filed a lawsuit against the companies, the building owner and the Ministry of Labour, seeking $16.3 million in damages. The lawsuit claims the workers weren’t trained properly or given safety gear, and alleges the scaffolding was faulty. The ministry is included because the suit claims it allowed the companies to continue operating at the worksite despite two previous stop work orders for safety violations. Marupov’s lawyer has also filed a $14 million lawsuit on behalf of the estate of one of the workers killed.

In addition to the civil fines under OHSA, the employers could also face serious fines and prison sentences based on a criminal investigation under the Criminal Code of Canada. Bill C-45, passed in 2004, expanded the criminal liability of organizations for workplace accidents and broadened the range of individuals who are subject to criminal charges. While there have been previous cases in which Ontario employers in have served jail time as a result of workplace accidents, the Criminal Code has rarely been used since Bill C-45 was passed.

According to the Ontario Federation of Labour, the number of Canadian workers killed on the job has risen over the past 15 years. Altogether, 479 work-related fatalities in Ontario were reported to the Workplace Safety and Insurance Board in 2009.

Edmonton-based equipment dealer Finning Canada faces four counts for violations of Alberta’s occupational health and safety code in the wake of a worker’s death two years ago.

On July 8, 2008, a worker was killed on the job at Suncor Energy Inc’s Millennium mine site near Fort McMurray, when he and other Finning workers were moving a disabled hauling truck to the shop for repairs. The worker was run over by the vehicle and fatally injured, and two other workers also sustained minor injuries in the accident. One was treated on-site, while the other was taken to hospital in Grande Prairie, where he was treated and released.  A stop-work order was issued at the time, restricted to the immediate area around the site of the accident.

Finning released a statement on its website calling the worker’s death “truly a tragic incident – one that will forever impact Kevin’s family, all those who worked alongside him in the oil sands and our company as a whole.” The statement goes on to say that “at Finning, safety is a core value that influences everything we do. We remain committed to achieving and sustaining health and safety excellence in all of our business operations.”

The charges the company faces include;

• Failing as an employer to ensure, as far as it is reasonably practicable to do so, the health and safety of workers engaged in the work of that employer, as stipulated under section 2(1)(a)(i) of the provincial Occupational Health & Safety Act;
• Violation of sections 7(4) and 8(1) of the Act. Section 7(4) states that an employer must ensure that a hazard assessment is repeated at reasonably practicable intervals to prevent the development of unsafe and unhealthy working conditions.  Section 8(1) stipulates that an employer must involve affected workers in the hazard assessment and in the control or elimination of the hazards identified.
• Violation of section 15(1) of the Act, which demands that an employer must ensure that a worker is trained in the safe operation of the equipment the worker is required to operate.

The company is scheduled to first appear in Fort McMurray Provincial Court August 30 .

Following a recent  90-day safety enforcement blitz of more than 2,800 construction sites that uncovered what the Ontario Labour Ministry considered to be an unacceptable number of safety infractions throughout the province,  the government has launched a new campaign aimed at worker safety education.

The blitz found violations ranging from missing guardrails to inappropriate use of scaffolding, and laid bare a marked lack of worker and supervisor training.  As a result, the ministry has ordered a culture change of sorts, and have made a new commitment to constant prevention and protection.

The new safety campaign will focus on education, and features posters with X-rays of broken bones with the tagline “Don’t let these be the last pictures someone takes of you.” The ministry will also operate a toll-free line, 1-877-202-2008, for anyone to report unsafe conditions on a work site.  To encourage absolutely anyone who sees something unsafe to call the line, all calls will be anonymous, and all will be passed on to inspectors for investigation.

The ministry also intends to pass on the message through its web-site and Twitter, as well as in ethnic newspapers, where it will be delivered in 10 languages.

Saskatchewan roofing companies may face serious fines if they fail to implement safety procedures as provincial authorities continue a major crackdown on this growing industry.

Since April, eight roofing companies in the province have been fined for violating safety standards. Most of the fines are related to workers not wearing proper harnesses while on the job.

Saskatchewan Occupational Health and Safety has stepped up enforcement in the hopes that increased fines and scrutiny will serve as a warning to companies, and make them aware that they will be punished if they don’t make workers wear fall protection.

While most support the increase in enforcement, some actually side with the companies, who often feel challenged by keeping workers trained and certified, given the industry’s high employee turnover.  Occupational Health and Safety officials, however, note that a lack of resources is never a good excuse for lax safety.

Provincial officials would also like to make homeowners aware that, when using smaller roofing companies, they should check to be sure they’re covered through Workers Compensation. If a company is not carrying the proper insurance coveraged, the homeowner might be liable for any injury sustained by the worker.

Occupational Health and Safety intends to continue, and even step up inspections until all roofing companies comply with the rules.

Alberta’s provincial government has decided it’s time to get tough in its approach to occupational health and safety.

In a decision intended to send a message to every company that fails to comply with health and safety rules, Employment Minister Thomas Lukaszuk has announced that “the hammer is coming down,” so beginning this September,  the safety records of Alberta’s scofflaw companies will be posted online.

The announcement comes in the wake of increased criticism for what many consider to be its lax enforcement of occupational health requirements. Over the next several months, the province will make procedural changes designed to step up enforcement, and ensure that workplace safety directives are more effectively enforced.

The overall objective is to make sure all employers in Alberta understand the consequences of non-compliance with occupational health and safety rules. In addition to the online publication of the names of non-compliant companies, the province will also hire eight more workplace safety officers, and has started a pilot project to inspect workplaces at night and on weekends. It will now be tougher to ignore the rules.

Eight years ago, the government promised to publicize businesses’ workplace safety records, but decided privacy rules prevented it from doing so. Lukaszuk, however, claims that he recently checked with experts and found that to be untrue.

In April, the Auditor General’s office lambasted the government for allowing a relatively small group of employers to routinely violate occupational health and safety orders. Those companies were found to have had worker injury rates three to four times higher than the provincial average.

Ontario courts continue to slam companies with huge fines for violations of the Occupational Health and Safety Act.

Wal-Mart Canada Corp., for example, was hit with two fines totaling $120,000 in less than a month; a $45,000 fine on June 23 and a $75,000 fine on July 16.

The $45,000 fine resulted from an incident that occurred on September 27, 2008. A worker was operating a forklift outside a Wal-Mart store in Barrie, to place skids of bottled water near the main entrance. While doing so, the forklift struck and injured a customer’s feet.

A Ministry of Labour investigation found that the worker did not have full view of the forklift path of travel and its load.

In that case, the company pleaded guilty to failing to ensure that the operator of material handling equipment has a full view of the intended path of travel of the equipment or its load, and to failing to make sure material handling equipment is only operated as directed by a competent signaler who is stationed in full view of the operator with a full view of the intended path of travel of the vehicle and its load.

The $75,000 fine resulted from an incident that occurred on January 19, 2009, when a worker employed by a Wal-Mart store in Welland climbed a ladder to get five boxes of toys from a shelf. As the worker began to climb back down with the boxes held in one arm, he missed a step at the bottom of the ladder and fell, injuring his arm.

A Ministry of Labour investigation found that the worker carried the boxes in such a way that his or her safety was endangered by not keeping the required level of contact with the ladder.

Wal-Mart Canada Corp. pleaded guilty to failing to ensure that materials required to be lifted, carried or moved were lifted, carried or moved in a way that did not endanger the safety of any worker.

Also on July 16, Concord-based Welded Tube of Canada was fined $140,000 for an incident that occurred on July 31, 2008, in which a worker was injured as he prepared a two-and-a-half ton bundle of steel tubes and sent them down a conveyor to be processed for shipping. That worker and a co-worker then began to make a mechanical adjustment in the path of the conveyor. The bundle of tubes needed to be rearranged, so it was sent back on the same conveyor, where it struck the worker and injured his leg.

A Ministry of Labour investigation found that the conveyor was not protected by a guard to prevent access to the path of travel while it was in motion.

Welded Tube of Canada pleaded guilty to failing to ensure that a machine with moving parts that may endanger a worker is equipped with a guard or other device which prevents access to the moving parts.

And on July 9, 2010, grocery store operator Metro Ontario Inc. was fined $100,000 for an incident that occurred on January 18, 2009. A worker at the company’s North Bay location was using a band saw to cut beef in the meat department, when his hand slipped, and the saw’s blade partially amputated some of his fingers.

That Ministry of Labour investigation found that the machine’s blade was improperly guarded, and Metro Ontario Inc. pleaded guilty to failing to ensure the saw was equipped with a guard that prevented access to its moving blade.

In addition to the huge fines levied in the cases above, in each case the court imposed a 25% victim fine surcharge, as required by the Provincial Offences Act, which is credited to a special provincial government fund to assist victims of crime.

Following criticism that the provincial government has been lax with its investigations of problem employers, Alberta is shaking up its occupational health and safety department.

The shake-up began earlier this month, when executive director Dan Clarke left his post. The government is now advertising for a replacement, and it sees the replacement as part of a structural overhaul of occupational health to make it focus more on compliance and enforcement of safety rules in the workplace.  It hopes to have a new executive director by the end of the summer.

There are many who would say it’s about time. Alberta currently has one of the highest rates of worker deaths in Canada with 166 deaths in 2008 alone. This past April, an auditor general’s report said the department was lax on enforcement and even suggested they had hidden the true number of companies that refused to make safety improvements.  The review showed that the department had suspended compliance orders filed against dozens of companies with high injury rate for no apparent reason. But when they looked more closely, they discovered that many of them were suspended just to make its own statistics look better, and in a number of cases, the compliance orders were reopened in the next fiscal year with no evidence that the companies took any action to improve worker safety.

The auditor general also found that in many cases, companies that ignored safety violations were still getting rebates from the province under a program that rewards firms with good worker safety records. Violations that went unchecked for years ran the gamut, ranging from a lack of hearing and eye protection to fire and explosion hazards.

Alberta Employment Minister Thomas Lukaszuk  has promised to announce more details with regard to the overhaul in the coming weeks.

A coroner’s inquest was held late last month, looking into the death of worker Roger Hill, who died from severe injuries after being trapped in a rock crusher. The inquest determined that the tragedy was at least partly caused by missing and ineffective safety mechanisms on the rock crusher.

The accident happened late in the afternoon of January 21, 2008 at a Ridgemount Quarries site in Fort Erie, Ontario owned by Walker Industries in Thorold, Ontario, which had a contract with the now-defunct Hard Rock Group of Companies (the worker’s employer) to set up a portable crushing plant at the site.

According to coroner’s counsel Graeme Leach, at about 4 pm on that day, a massive rotor weighing several tons – with outer bars capable of spinning at 100 miles per hour – stopped working. Hill and two co-workers each took turns trying to get the machine restarted. Unfortunately, the clutch re-engaged while Hill and a supervisor were still in the impactor chamber.

According to Leach, several safety violations contributed to the accident. Lockout and tagout procedures were not followed and the engine in the impactor chamber was left running.  Also, while Hard Rock Group safety procedures mandated that a “safety bar” be placed between the bars of the rotor to prevent spinning,  the company had “two impactors, but only one bar, so the bar would be shared between the two and the bar was off-site on the day of the incident.”

The crusher was also equipped with a limit switch, which had become inoperable. “If it had been working properly, it should have automatically killed the fuel to the engine. … The evidence in my mind was unclear if it had been broken and just never repaired or had been deliberately tampered with.”

As a result of the inquest, the coroner’s jury issued nine recommendations, including:

• That the Ministry of Labour (MOL), Infrastructure Health and Safety Association and provincial safe work organizations (SWOs) continue to work together to educate workers, supervisors and employers on the “extreme importance” of compliance with ‘lock and tag‘ procedures and maintaining and testing equipment safety features by referencing the potentially tragic consequences of failing to do so;
• That MOL and SWOs review the effectiveness of the Internal Responsibility System and undertake an mandatory audit of surface mining operations to ensure that senior employer representatives conduct routine and regular safety checks on employees at remote workplace locations (with the results reported to SWOs when safety deficiencies are discovered);
• That the MOL and Ministry of Training, Colleges and Universities work together to develop a system to track what mandatory OH&S training workers have and alert workers, employers and the MOL “when workers have not completed mandatory training within the required time periods;”
• That the MOL continue conducting regular spot checks of all safety features of dangerous equipment and consider imposing an obligation on employers to periodically certify that safety features have been tested and are in good working order;
• That the MOL investigate the feasibility that where ‘lock and tag’ equipment is deficient or absent, an immediate stop work order be issued.
• That all surface mining workers be required to have core training and, if mandated, specialty training modules prior to workers being permitted to commence work on a surface mine;
• That the number of inspectors for surface mining be increased; and, consider the requirement for a minimum number of workers before an oh&s committee or designation of a safety representative is mandatory.