In yet another accident demonstrating the danger of working near overhead power lines, workers at a construction site in Dieppe, New Brunswick had a close call when their dump truck struck some lines. Thankfully, this time no one was hurt.

The accident occurred as two dump trucks were being used as part of a road construction project. The operator of one dump truck situated his truck underneath the power line, and when a hydro line lifted the box of his vehicle, it contacted and snapped the line, and the snapped line  landed on a smaller dump truck, which caught fire.

WorkSafeNB is conducting an investigation into the incident to determine if there were any infractions under the Occupational Health and Safety Act. The workers were employees of Cherryfield Contracting Ltd, which was contracted by the City of Dieppe for the construction work.

Despite the fact that there were no injuries, every precaution was taken to put out the fire, so that all workers remained safe. In fact, firefighters refused to put out the fire for about an hour because the power line was still live.

This incident happened less than two weeks after an employee of Ken Miller Excavating in Brockville, Ontario was electrocuted when his boom truck struck the power line at a construction site, as he delivered concrete sections for storm sewers.

Be prepared for some changes in road safety enforcement on Newfoundland and Labrador roads, as the government is making some changes.

As the law currently stands, if the police stop a driver, he or she will be charged with impaired driving if a breathalyzer test reveals a blood alcohol level greater than 0.08. But if the government gets its way and new changes are adopted, such drivers found to have a blood alcohol level between 0.05 and 0.08 will lose their driving privileges for seven days instead of the current 24 hour suspension. In addition, the  penalty for repeat offenders will also increase up to a maximum of six months.

The aim of the government is to protect public safety. They note that other provinces have made similar changes, to positive effect. And they’re not just targeting those who might have had an extra beer before heading out on the road. The new law would also outlaw the practice of texting while driving, as well.

And it’s not just impaired driving that has officials concerned. In Labrador, highway construction crews have been complaining that drivers are blowing through the eight construction zones on the almost 250-km drive between Wabush and Churchill Falls much too fast. In addition, there have been numerous complaints of vehicles passing in no-passing zones, and not obeying the flag persons.

Because of this, police stepped up enforcement in the area and they are aggressively ticketing motorists along the dangerous stretch of road. The province recently doubled fines for speeding in a construction zone, too, so such tickets can set you back as much as $1,500.

Put simply, if you’re not being careful out there, it’s going to cost you.

You knew it was coming.

June 15th has come and gone, and Bill 168, which amends the Occupational Health and Safety Act with respect to violence and harassment in the workplace and other matters, is now law.

The purpose of the Bill 168 amendments is to protect workers from inappropriate behaviour at work, including everything from offensive remarks to outright violence, and to reduce incidences of workplace harassment. The new law requires employers to develop policies and programs covering these issues, to train employees to ensure that policies are followed, and to create mechanisms for employees to report incidents and a process for investigating and dealing with such incidents or complaints.

The Occupational Health and Safety Act defines workplace violence as the exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker. Because the definition includes the phrase “could cause,” verbal or written threats of violence can fall under the new law. In addition, seemingly potentially violent action might require an employer to investigate and handle the situation. This might include one employee shaking his fist at another, throwing an object in another worker’s direction or kicking something that another worker is standing on.

Workplace harassment is also covered by the new law, and is defined as any behaviour that is known or that a reasonable person would consider to be unwelcome. Harassment may involve unwelcome words or actions commonly known to be offensive, embarrassing, humiliating or demeaning to a worker or group of workers. If behaviour is in any way considered Intimidating, isolating or discriminatory, it would qualify as harassing behaviour under the law. Such harassment often involves repeated actions or patterns of behaviour, and they can include mean jokes told at a worker’s expense, or the display of images that are inappropriate for the workplace.

Unfortunately, according to a survey conducted by The Human Resources Professionals Association (HRPA) of its members, nearly one-third of them were not ready to comply with the new law. HRPA surveyed 605 of its members between June 2 – 11, and found that 32% responded that their business would not meet its obligations before the June 15th deadline. The survey also revealed that 53% of respondents said the greatest challenge they faced would be to implement the legislation’s mandatory employee training and workplace violence reporting and investigation procedure requirements.  This despite the fact that, in a previous HRPA survey taken last summer, 75% of respondents supported the legislation.

If you are one of those companies that falls within that 32%, the Ministry of Labour wants to make it clear that they intend to enforce the new law, and suggest specific steps employers must take to comply, in order to protect workers from violence and harassment:

• Develop workplace violence and harassment policies, and develop and maintain programs to implement those new policies;
• Provide appropriate training to workers, so that they know these policies and programs and what they mean.
• Develop measures and procedures for calling for and receiving immediate assistance when workplace violence occurs or is likely to occur;
• Develop processes for reporting incidents ; and
• Conduct risk assessments and take steps to control those risks identified during the assessment.

If you need some assistance in understanding the new law, take a look at the following:

Workplace Violence and Harassment: Understanding the Law

http://www.labour.gov.on.ca/english/hs/pubs/wpvh/index.php

Preventing Workplace Violence And Workplace Harassment

http://www.labour.gov.on.ca/english/hs/sawo/pubs/fs_workplaceviolence.php

The Workers’ Compensation Appeals Tribunal of British Columbia (WCAT) has granted an unnamed commercial construction company a stay of a decision that imposed an administrative penalty of nearly $40,000 on the company.

WCAT vice-chair Heather McDonald allowed the stay of a WorkSafeBC administrative penalty of $38,569.34 – which was upheld by a WorkSafeBC review officer – after ruling that paying the fine would likely cause serious financial harm to the company.

In the decision to stay the fine, McDonald wrote, “A stay is an extraordinary remedy. … The employer’s financial situation is very poor and the prospect of paying a significant penalty of over $30,000.00 will likely place the employer into bankruptcy. In all, I find that the circumstances of this case illustrate exceptional circumstances that justify granting the extraordinary remedy of a stay to the employer.”

The ruling granting the stay comes after a March 30, 2010 decision against the employer, which was the prime contractor on a multi-employer construction site in October, 2008, when a WorkSafeBC safety officer visited the work site and issued a series of orders relating to the company’s failure to: remedy workplace conditions that are hazardous to the health and safety of workers; establish a safety system; and, as prime contractor, ensure that the occupational health and safety activities of everyone at the workplace were coordinated. In addition, other orders were issued, involving specific violations, such as the presence of a number of damaged electrical cords; walkways obstructed by debris; and fall hazards.

The decision notes that, when determining whether or not to issue a stay, WCAT typically considers, among other factors: whether the appeal, on its face, appears to have merit; whether the applicant would likely suffer serious harm if the stay were not granted (for example, loss of a business); and, whether granting a stay would likely endanger worker safety. In its view, the employer provided convincing evidence that it is in an extremely difficult financial position currently, noting that the company’s year end June 30, 2009 net loss exceeded $350,000.00, and that paying the penalty at the current time would likely force the company to cease operations.  “This prospect of likely bankruptcy proceedings and closure of the business brings into the picture the factor of irreparable harm, not just serious harm,” the decision reads.

If your overall goal is to provide your company with the strongest possible bottom line through efficient use of resources and predictable costs, then you have to understand that there is a direct relationship between a strong, effective safety training program and your company’s growth, competitiveness, and financial success.

Don’t think of a safety training program as a cost to your company; it’s an investment. And it’s an investment that returns huge dividends in many ways.

A good, solid safety training program will:

• Help with compliance with government and industry standards, and reduce the chance that your company will be cited for health and safety violations. A knowledgeable work force is less likely to break the rules.
• Reduce accidents, and protect workers from illness and injury, thus saving your company the costs of lost time and reduced productivity, not to mention reduced insurance premiums. In addition, solid safety training helps to manage risks such as sexual harassment and workplace violence.
• Increases overall worker motivation and morale, leading to job satisfaction. Workers who believe their company cares for their health and safety are more productive. They are also likely to stick around longer, leading to reduced turnover, which leaves you with a pool of highly skilled and knowledgeable employees, including many who can move up and fill critical positions within the organization.
• Make sure your company is better able to adapt to new systems, technological change and innovation, and provide your company with the human resources to expand into new markets and grab hold of new economic opportunities.
• Contribute to the development of a positive culture in which confident, knowledgeable, creative employees are able to provide customers with superior products and services to customers.

A good safety training program pays for itself many times over, by creating a safe, happy and healthy workforce that is enormously productive. But to maximize the payback for your training dollars, keep a few things in mind:

• Training must be ongoing, and must be constantly reassessed to make sure you’re keeping up with your company’s current needs.
• Make sure the training is comprehensive and interesting, and offers workers a chance to practice new skills in a safe setting. Also, be sure to provide workers with opportunities to use any newly learned skills on the job. After training, send them back to work with learning aids such as checklists, step-by-step instructions, and safety reminders that help them safely and effectively transfer newly learned skills to their job.
• Encourage workers to discuss their training needs and to even request additional training they might think necessary.

It’s easy to look at the cost of safety training to the company, but a good manager understands that a strong safety training program makes them a lot more money than it costs. Safety training is one of the best investments you can make in your employees and your company.

Two Ontario companies, Ken Miller Excavating and Anchor Concrete Products Ltd, were issued a series of orders following an accident in which the boom of one of their trucks came into contact with overhead power lines and a worker was electrocuted and killed.  The worker was assisting boom trucks delivering concrete sections for storm sewers, but the exact circumstances surrounding the accident are currently under investigation by the Ministry of Labour.

Almost as soon as the worker was taken to Kingston General Hospital, where he was pronounced dead, Ken Miller Excavating was issued a series of orders requiring the company to provide documents related to: its health and safety policy and program; procedures regarding work done in close proximity to electrical conductors; its emergency plan; and of course, its safety training and workplace safety procedures. A stop work order was also issued on a 10-tonne off-loader, which was to undergo inspection to determine whether it can handle its rated capacity. The Ministry of Labor also issued three orders to Kingston-based Anchor Concrete Products Ltd, requiring documents related to its training and health and safety policy and program. Both companies were also ordered to provide a written report of the circumstances of the occurrence to the ministry and any applicable union.

According to an alert issued last May by the Electrical Safety Authority (ESA), fatal accidents involving equipment contacting overhead power lines is not uncommon in Ontario, and in fact have accounted for half of all electrocutions in the province over the last eight years.  The ESA recommends that workers follow a few safety precautions when working near overhead power lines:

• Always conduct a hazard assessment and know where a power line is before you start work.
• If it’s at all possible, once you locate a power line, try to work away from it. If this is not possible, stay as far away as possible, and remember; the higher the voltage, the farther away you need to be.
• If possible, call the local electric company and have them cut the power while work is ongoing.
• Mark the areas around the power lines with cones and/or signs to warn other workers of the danger.
• If a vehicle or other piece of equipment contacts a power line, stay in the vehicle and radio for help.

In the wake of a significant increase in rail accidents over the last ten years, many inside the federal government are pushing for stiff new penalties for railways caught violating safety rules; penalties that could cost a lot more than just dollars.

Minister of State for Transport Rob Merrifield recently announced that new legislation will include protection for whistleblowers, as well as much larger financial and legal penalties for violations. If passed, the law would require each railway company to designate one executive legally responsible for safety, and who might possibly face jail time if the company is convicted of breaking the rules.

Though it sounds as if the goal is to punish executives for breaking the rules, Merrifield insists that is not the case. “What we’re really wanting to do is to make sure that they have a culture of safety within the company and if you are saying there’s one person deemed to have that responsibility there’s a lot more chance that’s actually going to happen,” he has been quoted as saying.

The new changes are based on the results of two railway safety reviews, which were launched after deadly rail accidents in British Columbia, Alberta, Ontario and Quebec, and completed in 2008. The advisory panel responsible for the first report made 56 recommendations to improve safety, while in the second report, a Commons committee made 14 additional recommendations. The Commons committee report also concluded there was a lack of accountability regarding safety from both Transport Canada and the country’s railways, which hadn’t done enough to create a culture of safety.

After a recent report by Nova Scotia’s ombudsman’s report noted a disregard for procedure on the part of the management and staff at the weigh station in Amherst, Transport Minister Bill Estabrooks would like everyone to know he’s tackling the safety and management deficiencies with urgency.

In addition to citing glaring deficiencies with regard to safety and management procedures, the ombudsman’s report also recommended eight ways to solve the problems, including the removal of human resources responsibilities from unionized supervisors and drawing up detailed operational policies and procedures for vehicle compliance.

Usually, compliance officers at the province’s weigh stations are supposed to enforce safety requirements for all trucks travelling on 100-series highways weighing more than 3,000 kilograms.

But an investigation discovered that the supervisor and manager at the Amherst station had inappropriately voided tickets for safety violations that staff had issued to truckers, and instructed staff to ignore trucks that didn’t stop at the weigh scale. According to workers there, the latter happened at least once per shift.

The investigation was triggered when an anonymous complainant contacted the ombudsman’s office last July. As a result, the office conducted 37 interviews with vehicle compliance officers, managers, supervisors, former workers, people in the trucking industry, the public prosecution service, the auditor general’s office, the Nova Scotia Government and General Employees Union, the Public Service Commission and the Justice Department in order to make its report.

In what has become a recurring pattern at high-rise construction sites in downtown Calgary, on May 15th a steelworker on the 45th floor of the Bow Building  failed to tether his two-kilogram spud wrench, and lost his grip on the tool. As a result, it fell with such force that it bounced off the concrete, hit a cement apron in front of Calgary police headquarters across the street and crashed through the station’s front window.  Thankfully, no one was hurt or killed.

For its part, Matthews Development, the steelworker’s employer, acknowledged that the worker had failed to follow strict rules by not securing the wrench to his belt. They filed an incident report immediately, and announced later that the worker had been “professionally disciplined” internally.  The incident has also prompted the company to begin safety re-training of all workers at the site.

OHS is conducting a full investigation, focused on which steps employers can take to make sure such an incident doesn’t happen again. As you can guess based on where the wrench landed, the initial investigation was performed by Calgary police. City of Calgary building inspectors are also looking into the incident, and promising new rules and greater enforcement, as concerns about public safety around high-rise construction sites in the city continue to build.

In August 2009, a three-year-old girl was killed as she walked down the street and was hit by a bundle of steel roofing materials that had been blown from the 22nd storey of a construction site during a wind storm.  Her father and seven-year-old brother were also badly injured in that incident.

Later that month, a large pane of glass fell from a construction site at the Palliser South tower, causing shards of glass to rain on the sidewalk and street below.  A month later, another incident at the Bow Building site saw a small crane nearly fall from the building, with a tether preventing it from falling three stories to the ground below. While the crane didn’t fall, it did drop its load, a large pane of glass, and smashed another window as it angled. Then, within days of that incident, a piece of scaffolding fell from the 19th storey of the Penn West Tower and crashed onto a parkade ramp. Thankfully, no one was injured in any of these incidents, but the potential was there.

Recently, the city, OHS and the Calgary Construction Association formed a task force to study the situation, and make recommendations on improving safety. Their goal is to develop a best practices guide in four areas: 1) materials and equipment on site; 2) hoisting of material; 3) hoarding; and 4)traffic control management.

The Ontario Ministry of Labour has announced the creation of a workplace violence toolbox designed to assist organizations with their compliance with Bill 168, new legislation that amends the Occupational Health and Safety Act (OHSA) to add workplace violence-specific requirements to employers’ safety responsibility.

The deadline for compliance is fast approaching, as Bill 168 takes effect June 15, 2010, which is right around the corner. The new law requires that employers assess the risks of violence at their workplace, and take reasonable precautions to protect workers from all possible violence, including domestic violence, in the workplace. Employers will be required to develop workplace violence and harassment policies and programs, and provide information and training to workers on the content of those programs. Under the amendments, workers also have the right to refuse work if they are at risk of physical injury from workplace violence.

The workplace violence toolbox, which can be found here,  includes sample forms for conducting a workplace violence survey, a checklist for policy, program and training review, a general form for conducting a physical environment assessment, and a risk factor selection tool to help employers identify risks specific to their workplace. These forms should help employers get started on their Bill 168 compliance.

If you haven’t started working on compliance with Bill 168 yet, check your calendar and get moving. There is every indication that Ontario provincial government officials intend to enforce this law.