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.

There is little doubt that the way workplace safety managers throughout the construction industry do their jobs has been forever altered by technology in recent years. The proliferation of tablets such as the iPad and smartphones such as the iPhone or the wide variety of devices using Google’s Android operating system, combined with major advances in cloud computing, have allowed them to manage workplace safety information in ways that were unimaginable just a few years ago.

Construction companies are increasingly turning to cloud-based documentation and away from paper. By keeping documents in the cloud, supervisors in the field can load various types of data, notes and take photos of work using their mobile devices, and instantly send it to the “cloud,” to make it immediately accessible to everyone with an Internet connection.

According to the Canadian Centre for Occupational Health and Safety, having ready access to safety records is an important issue, particularly for construction companies who operate a number of different sites. By storing documents and data in the cloud, everyone has access to such information as inspection records whenever they need them.

While there are some advantages to paper systems, such as those times when inspectors request documents with original signatures, such documents can always be scanned and accessed anywhere with a cloud-based service.

But there are many advantages to a cloud-based system. If a worker shows up at a jobsite, supervisors can immediately find out whether or not they have the correct training to operate a particular piece of machinery, by searching the worker’s name. With a paper-based system, they’d have to flip through pages, or rely on someone to fax the information to them. If they wanted to see which workers at a jobsite have taken a particular training course, an electronic system can pull all of the records together into a report.

Another advantage to electronic storage, especially in the construction industry, is that everyone always has access to a pristine copy of everything. There’s no spilling coffee on an original, or watching a thunderstorm wipe out hundreds of pages of paper records. Also, most reputable cloud storage companies provide backups for electronic records, so there’s little fear of loss.

People are constantly moving around to different jobsites. Rather than carrying boxes of documents from site to site, managers can carry a tablet or smartphone and have access to every relevant document in the company, in searchable form. It is this convenience that demonstrates why more and more construction companies are giving up on paper records, and storing everything on the cloud.

Ontario Court Clarifies Employers’ Incident Reporting Obligations

Although executives with the Blue Mountain Resort are unhappy and plan to appeal the recent ruling, the Ontario Divisional Court has issued a ruling clarifiying Section 51 of Ontario’s Occupational Health and Safety Act, which outlines the duties of an employer in all critical injury and fatality incidents.

According to Section 51, whenever a person is killed or critically injured from any cause at any workplace, the employer must notify an MoL inspector, as well as all other workplace parties. The employer must then secure the scene until an inspector clears the site, and send the ministry a written report on the incident within 48 hours.

But in the incident that led to the ruling, which occurred in December 2007, a resort guest drowned in an unsupervised pool at Blue Mountain, and the incident was never reported to the MoL. They only learned of it when a Ministry inspector conducted a field visit to the resort in March 2008. When the inspector found out, he wrote an order directing the resort to formally notify the MoL.

Justice Wailan Low, writing for the court, followed an earlier ruling from the Ontario Labour Relations Board (OLRB), disregarding the resort’s argument that notification was unnecessary because the pool was not a workplace, per se, at the time of the incident. The resort had argued that the hazard involved in the guest’s drowning while apparently performing exercises underwater wasn’t likely to affect a worker, and they noted that whenever a guest was involved in a serious incident that could also have affected a worker, Blue Mountain had always been quick to notify the MoL.

In dismissing their argument, Justice Low noted that the OLRB “ought to have given recognition to the fact that [their] facilities are dual use premises – they are both recreational premises and a workplace, and the use may change depending on the circumstances.”

According to legal experts, the court ruling may impact a large number of Ontario workplaces, because it requires all employers to report all fatal and critical injuries that occur at a workplace, even if worker health and safety is in no way involved. The MoL is likely to see a much greater number of notifications from employers from industries such as health care, municipal, retail and other service sectors in which workers interact with the public.

The MoL considers the court’s decision to be consistent with their policy on enforcement of these requirements. They consider the requirement to be a reasonable expectation and in no way burdensome for employers.

The Ontario Ministry of Labour (MoL) issued nine work orders, including two work-stoppage orders, after two miners died underground at Vale’s Stobie mine in Sudbury, Ontario. According to the MoL, the work orders were issued to secure the mine and to make sure workers aren’t exposed to any immediate danger.

Some of the orders dealt with excessive water around ore passes, although the MoL was hesitant to cite that as the actual cause of the accident. Inspectors are investigating the incident to determine if health and safety regulations were followed, and to make sure the workplace is safe.

The two workers, Jason Chenier, 35, and Jordan Fram, 26, both of Sudbury, were working 900 metres underground in an ore pass, a vertical opening where ore is dropped to a lower level for handling, when they were suddenly overtaken by loose rock known as ”muck.”

Coincidentally, just a few days before the accident, Vale was awarded the John T. Ryan Trophy for the sixth time in seven years. The award, given to Canada’s safest metal mine, was presented to them because two of the company’s mines in Thompson, Manitoba, T1 and Birchtree, were tied for the lowest reportable injury frequency per 200,000 work hours. The award is given by the Canadian Institute of Mining every year.

Vale hasn’t set a date for resuming full production at the mine, but they have told workers they can stay home if they want until then, and they’re making counseling available to those who request it. Those who report for work will be provided with other jobs in the meantime.

Nova Scotia government officials are trying to send a message to employers that young people who are entering the workforce for the first time can feel uneasy or intimidated, and are unwilling or unable to speak up about any concerns they have, and often don’t ask questions about their jobs. But that doesn’t absolve employers of responsibility for keeping such workers healthy and safe.

Overall, 3,665 young workers under the age of 25 reported claims to Nova Scotia’s Workers’ Compensation Board (WCB) last year, and WCB officials want to see those numbers fall. To do that, they want all employers to know they must make all employees aware of their right to refuse unsafe work, their right to be informed about any dangers on the job and their right to the proper knowledge and equipment to perform their work safely.

They also note the importance of parents and guardians in keeping young workers safe, and they encourage all to talk to them about approaching their work safely. Parents or guardians should not assume their child’s workplace is safe. They should also not assume that they receive proper training, or that they will speak up when they think something is unsafe. After they’re hired, investigate the workplace and find out as much as possible about the job. Research shows that young workers are five times more likely to be hurt in the first month than those who have been in their current jobs for more than a year.

Last week, the Ontario Ministry of Labour (MoL) issued eight orders to construction company Teranorth Construction & Engineering Limited, based in Sudbury, after a worker was fatally injured in an accident that occurred on June 24.

At the time of the accident, the worker was operating an elevating work platform, or “scissor lift,” below a bridge structure that was under construction as part of a highway expansion project. For some reason, the platform “flipped over,” causing injuries that led to his death. Some witnesses suggested that the platform may have done so because it had been placed on “very uneven ground,” but investigations are ongoing.

The MoL issued a total of eight orders under the provincial Occupational Health & Safety Act to Teranorth, including:
o An order that Teranorth “ensure that the health and safety of workers on a project is protected;”
o An order that no further work was to be conducted with the two Genie lifts presently on the MacKenzie Bridge site until further notice from the MoL;
o An order that the owner of one Genie lift shall provide copies of maintenance records to the ministry;
o An order that Teranorth provide training records related to the elevating work platform that was being used at the time of the accident;
o An order that Teranorth provide training records related to the worker’s fall protection system.
o An order to ensure that the area beneath the bridge structure is undisturbed until advised by the ministry;
o An order that Teranorth take every precaution reasonable in the circumstances for the protection of a worker when working on the underside of the bridge structure while using an elevated work platform on sloped terrain, and:
o An order requiring Teranorth to provide a plan detailing how observations and sealing work will be carried out to the underside of the structure during ductal placement.

Young people aged 14 and 15 in Saskatchewan who are looking for a summer job should be aware that they must complete the Young Worker Readiness Certificate Course (YWRCC) and print out a certificate before taking any job.

Such young workers can apply for and interview for jobs before completing the certificate, but the certificate must be presented to their boss by their first day of work. Employers are required to keep a copy of the certificate in their files for every one of their employees in that age group.

Young workers under 16 must also have the consent of their parent or guardian, are not allowed to work after 10 p.m. on a school night, and cannot work more than 16 hours during a school week.

The YWRCC, which was launched in February 2010, has been completed by more than 5,600 young people to date. A number of schools throughout the province have incorporated the YWRCC materials into their curriculum. The purpose of the YWRCC course materials is to make young workers aware of their rights and responsibilities in the workplace.

The YWRCC course materials are available in French and English at www.lrws.gov.sk.ca/ywrcc. The English version of the test can be completed and submitted online. The French version, however, can be requested from Labour Standards to be completed on paper.

A Concord, Ontario-based curtain wall assembler, Zimmcor, Inc., was fined $50,000 last week for two violations of the Occupational Health and Safety Act, as a result of an accident in which a worker was seriously injured.

Workers were attempting to move a cart holding several 22-foot-long aluminum extrusions on January 23, 2009, after that cart became wedged between several others. One worker was positioned between the cart they were trying to move and another cart, and as he pushed on the wedged cart, other workers were pulling. As they did so, the cart tipped over, causing the load to fall on and fracture the pushing worker’s leg. When a co-worker tried to limit the damage by attempting to remove adjacent bundles of extrusions with a forklift, the forklift accidentally touched the cart and more extrusions fell on the injured worker’s leg.

An investigation by the Ministry of Labour determined that the extrusions were not properly balanced or secured on the cart. An inspector examined the workplace on January 26, 2009, and also observed that shields on a double-bladed chop saw were tied with metal holdbacks, which rendered the shields ineffective as a means of protecting workers from the hazards posed by the saw’s moving blades.

Zimmcor Inc. pleaded guilty to failing to ensure that the load being transported, placed or stored would not tip, collapse or fall, and to ensure that the load could be removed or withdrawn without endangering the worker. The company also pleaded guilty to failing to take the reasonable precaution of ensuring that the shields on a double-bladed chop saw were not rendered ineffective by metal holdbacks.

As a result of these guilty pleas, Zimmcor Inc. was fined $45,000 for the count that led to the worker’s injury, and $5,000 for the charge related to the chop saw. The fine was imposed by Justice of the Peace Malik Asad, who 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.

According to the latest WorkSafeBC report, four Vancouver Island companies have been fined by WorkSafeBC for unsafe working conditions or practices, including several that didn’t necessarily end in injury or tragedy.

The largest of the fines was the $15,000 assessed on Dogwood Street 7-Eleven Canada Inc in Campbell River for what they referred to as “numerous health and safety violations.” The report noted that the business had failed to ensure that records of worker injuries and exposures were kept on site; that it had failed to provide appropriate emergency washing facilities for workers who may have been exposed to harmful materials; and that it failed to provide proper instruction to its workers as to how to report and document incidents of workplace violence.

Cei Industries Ltd., also of Campbell River, was fined $5,373 for allowing its staff to work too close to live high-voltage power lines. WorkSafeBC said the company allowed work to continue on a structural steel building that was too close to live power lines, in violation of the requirement to maintain the minimum applicable distance between workers and live high-voltage equipment and conductors.

The agency also fined Coast Outdoor Advertising of Ladysmith $7,844 after one of its workers was severely burned and fell 8.5 metres, after a metal rod he was using came into contact with a live overhead power line.

In addition to those fines, Arbutus Environmental Services was fined $13,109 for not properly training a driver.

WorkSafeBC intends for its administrative penalties for health and safety violations to motivate as many employers as possible to comply with the Workers Compensation Act and the Occupational Health and Safety Regulation. They consider such fines when an employer commits a violation resulting in high risk of serious injury, serious illness, or death, is caught with several violations, fails to comply with an order within a reasonable amount of time, or demonstrates reckless disregard for regulations.

Ontario uniform supplier G&K Services Canada Inc. was fined $60,000 last week for a violation of the Occupational Health and Safety Act after an accident that injured a worker was injured.

The company operates an industrial laundry service in Windsor. As part of the laundry process, clothing is placed into a bag with a drawstring at the bottom. The bag moves vertically along a conveyor, until it hits a sensor at the end, whereupon it is hoisted up into the air.

At the time of the accident, on September 24, 2009, a worker noticed that the drawstring on one of the bags was untied, and he attempted to tie the bag while walking with it along the conveyor. At the time the bag hit the sensor, the worker’s thumb was still entangled in the bag’s drawstring. The bag was then hoisted aloft. As a result, the worker was lifted into the air with the bag, and his thumb was amputated by the force of the moving bag.

A Ministry of Labour investigation found that the emergency stop button on the bag hoist had been placed too high up for a worker to reach in an emergency. G&K Services Canada Inc. pleaded guilty to failing to ensure that an emergency stop button was located within easy reach of the machine operator.

A $60,000 fine was imposed by Justice of the Peace Robert Gay, who 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.