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.

Last week, a 58-year-old electrical contractor fell to his death in Carman, Manitoba after a hydro pole snapped while he was unhooking power lines.

The man, an electrical contractor whom area residents have identified as Bob Murray, who owned Bob Murray Electric Ltd., had been working at Vanderveens’ Greenhouses Ltd., located in the Rural Municipality of Dufferin, west of the town of Carman.  According to RCMP, they had hired Murray’s company to do electrical work as part of an addition to their facilities.

Murray was apparently in the process of unhooking hydro power lines, and was on a ladder that he had propped up against the pole before it snapped and fell over around shortly before 11:30 a.m., according to Carman RCMP. The pole apparently belonged to the greenhouse and was not owned or maintained by Manitoba Hydro, according to a Hydro spokesperson.

The incident is currently being investigated by Manitoba Workplace Safety and Health.

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.

Based on a new report, British scientists have apparently found that what a person does for a living could play a role in how they die. The study found major differences between occupational groups and their risk of death from drug and alcohol-related diseases

The scientists analyzed all deaths among men and women aged 16-74 years in England and Wales between 1991 and 2000 – a total of more than 1.6 million deaths overall — and found some disturbing trends, based on a person’s chosen profession.

For example, their study found that merchant seamen had a high risk for death from cirrhosis and other alcohol-related illnesses such as cancer of the liver and mouth, as well as expected causes, such as from accidents like falling down stairs.

They also found that painters, bricklayers and roofers were twice as likely to die as a result of drug abuse, based on the statistical average. Accidental drug overdoses and poisoning was nearly twice the average among male painters, decorators, bricklayers, plasterers and roofers, and they found that cooks and bartenders were far more likely to suffer an alcohol-related death than the population as a whole.

Male tailors and dressmakers and make hairdressers were found to have a risk of death from HIV/AIDS that was nearly nine times higher than the statistical average.

The authors of the study hope to use this information to encourage employers to promote the implementation of general health information into their existing health and safety training programs.

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.

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.

After one of the most dangerous years in the city’s construction history, Calgary’s manager of building regulations has called on Alberta provincial officials to increase fines significantly for those companies found guilty of safety-code violations especially those, such as failing to secure building materials, that not only endanger workers, but the public at large.  He notes that the maximum $15,000 penalty for potentially deadly violations is significantly lower than for breaches of other safety laws, and doesn’t reflect the seriousness of the incidents.

This call comes in the wake of a series of incidents of falling debris that have occurred in the last year at high rise construction sites throughout Calgary, including falling steel that killed 3-year-old Michelle Krsek and injured an uncle last August.

The latest case being investigated by the city involves an online video, recorded last October but just recently discovered and passed on to authorities that was forwarded to city authorities, depicting construction workers with Skyway Canada horsing around recklessly on a Beltline tower. In the video (which has been removed from the YouTube video site), one worker actually tosses a metal clamp across scaffolds and jokes about the potential disaster if the tool had fallen and struck a passer-by. After learning of the video, Skyway Canada suspended two of the workers seen in the video. A third worker visible in the video had already left the company.

In addition to increased fines, city officials would also like to see greater reporting of incidents to the city. Currently, when near-misses or injuries occur, companies are required to report to the provincial Occupational Health and Safety office, but not to the city.  The city would like to see mandatory reporting to the city. The Calgary city council doesn’t have the legal authority to require such a thing, so the city is currently forced to rely on a voluntary reporting program for the city’s construction industry.