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.

Be aware, Ontario workers and employers; Ontario’s Ministry of Labour (MoL) is planning another blitz, and this time, they plan to focus on Musculoskeletal disorders (MSDs).

This blitz, which is scheduled to run from September 1 to October 31, 2010, will concentrate on  several industries, including the construction and mining sectors.

The term “Musculoskeletal disorders” covers a wide variety of disorders, including repetitive strain injury, cumulative trauma, back strain and tendonitis. According to the Workplace Safety and Insurance Board, such injuries represent 43% of all lost-time claims. In 2008, there were more than 33,000 lost-time claims attributed to MSDs, resulting in a loss of more than 1.2 million days and costing the province approximately $142 million. And unlike acute, traumatic or sudden injuries, MSDs tend to be slow and cumulative.

The construction aspect of the blitz will concentrate mainly on home building, and will focus on equipment maintenance and access to excavation sites, in order to make sure there are no obstacles, and that workers are walking while they carry materials.

When it comes to the mining industry, inspectors will examine large vehicle access and whether the equipment has enough clearance to compensate for body parts. They will also check to make sure that roadways in surface mines are well maintained, to minimize the whole-body vibration jarring that workers often suffer.

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 .

WorkSafeBC has introduced The Ladder Challenge (LadderChallenge.com ), an online game designed to show workers how to look at hazards associated with using ladders at residential construction worksite. The game’s objective is to identify the correct order of procedures for using a ladder to reach the roof of a house safely. The intention of the game is to reinforce workers’ knowledge of ladder safety, to help prevent serious work injury.

Those taking the Challenge also have an added incentive to check out the game, because British Columbia residents aged 13 years or older who play the game between now and  August 31, 2010 have a chance to win an Apple iPad. And if they refer coworkers, friends, or family to the game, they can earn extra chances in the draw.

Falls are among the leading causes of serious injury for young workers ages 15 to 24. Between 2004 and 2008, WorkSafeBC recorded 1,706 young worker claims for compensation, and 16% of all time-loss claims among young construction workers were related to falls from elevation, including falls from ladders.

Educators and trainers can visit their section of the site to get suggestions for using the game to help raise awareness of ladder safety. The site also includes links to videos, bulletins, and guides related to ladder safety.

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.

As several recent stories have reminded us, working around electricity is nothing to take lightly; proper, thorough training is a must to avoid needless tragedy. And everyone should agree that the electrical industry is an inherently hazardous industry, and it’s in everyone’s best interest to stress safety on the job. To that end, executives at Nova Scotia Power and officials with the International Brotherhood of Electrical Workers jointly signed the CEO Health and Safety Leadership Charter. The charter was launched in 2005 and is administered by the Conference Board of Canada, and has a goal of supporting continuous workplace health and safety improvement.  The charter has been signed by about 250 organizations across Canada. By signing the charter, employers and employees pledge to make safety the number one priority in the workplace.
Both the company and the union praised the charter as a symbolic commitment to health and safety by both. In signing it, they hope to encourage other organizations in Nova Scotia to consider ways to make their own workplaces safer.

In a press release touting the signing of the charter, the company cited a number of safety milestones, including a million person-hours without a lost-time injury for the more than 500-person customer operations team. This team isn’t just office personnel; it includes control centre workers, planners, engineers, fleet operations, vegetation management (they clear trees and bushes away from power lines) and power line technicians. The company also announced a public awareness campaign to educate Nova Scotians about the dangers of working around electrical wires and encouraging people to stay at least six metres back from power lines.

Nova Scotia’s minister for labour and workplace development, Marilyn More, praised the efforts of Nova Scotia Power and IBEW to create a culture of workplace safety. She also noted that Nova Scotia had improved its health and safety record overall, including a7% drop in the number of claims registered with the Workers’ Compensation Board between 2004 and 2008. That drop was double the national average. In addition, lost-time claims in the province dropped 12%, compared to 9.6% nationally. She noted that Nova Scotia still has a lot of work to do, since they still have the highest injury rate in the Atlantic region and they fifth among the provinces.

If you do business in Alberta and you have a poor safety record, you’d do well to take steps to improve it, and do so quickly. It seems your days of hiding from it may be numbered.

After a bloody Tuesday last week in which two Edmonton-area workers died at work sites and another was seriously injured in an elevator accident, Alberta Employment Minister Thomas Lukaszuk was livid, and took to the airwaves to vow that this fall would see the public release of the identities of those provincial employers with the worst safety records.

In a radio interview in which he was asked about those recent deaths, Lukaszuk revealed that Albertans will learn the names of the province’s worst safety performers within 3-4 months. The Conservative government had first promised to release such list eight years ago, but at that time the idea was shelved.

Lukaszuk said his staff is working on the list with the help of the Workers Compensation Board (WCB). When the list is complete, anyone will be able to look up the name of a company and see the number of man-work hours they have, see how many accidents they had, and determine how they compare to industry and provincial averages.

If Alberta actually follows through with its promise and releases such a list of poor safety performers, it will become just the second province to do so. Nova Scotia began publishing the names of companies with substandard safety record after their Supreme Court ruled in favour of their release in December 2008.

This type of list could have a negative effect in two ways. The obvious impact will be with prospective employees. How many of the best workers will want to come work for you if you have a lousy safety record? And how many of your customers will take their business to another company that takes the safety of its workers more seriously?

This might be a good time to look at your safety record and look at ways to improve. The impact to your bottom line could be enormous.

The numbers tell the story.

According to a Workers Compensation Board (WCB) report published in 1999, a total of 1,482 work related deaths were reported over a 10 year period. Of those, 519, or 35%, were the result of industrial vehicle accidents. Just as troubling was the WCB calculation that for every work fatality, there were 29 injuries. Statistics also show that every fatality costs an insurance company from $2 to $5 million. Since every extra dollar spent by an insurance company gets passed on as part of a client company’s premiums, fewer fatalities saves everyone money.

It was statistics like those above that motivated Pro-active Safety Systems Technology Inc. (PSST) to develop a truly revolutionary heavy equipment safety system to reverse the numbers and make workers safer.

In 2006, industrial electricians Rick Shervey and John DaSilva heard about a couple of accidents at nearby companies involving loaders within the space of a month, and realized just how ineffective the warning systems were. So, they set about to build a new warning system that would properly alert people when they were in the path of a moving piece of equipment and stop it in the event of an imminent disaster.

The idea they came up with is a system in which every piece of equipment is fitted with a detector, and every worker wears a vest with a RFID (radio frequency identification) tag embedded or attached.  An antenna broadcasts at a 30º angle to the front and back of the machine, and as it moves around, it senses every worker within the critical area, and sends a signal to the unit on the vest. If a worker enters the zone, the machine activates a two-stage warning light system and actually activates the brake.  The range is accurate from 70 cm to 400 m, but the company has targeted the zero to five-meter range as the critical zone for preventing accidents.

This potential benefits from this type of safety system are so great that the National Research Council Canada has provided the company with research-specific grants; and the WorkSafeBC Research Secretariat has provided two Innovation at Work grants; $46,000 in 2007 and $100,000 in 2008. Not only that, but this past January, the device received the Northern British Columbia Business and Technology’s Workplace Health and Safety Award.

And the product has thus far only been used in 22 test cases thus far. The company is preparing to make its first production units available by January 2011. You can read more about this at the PSST website.