The Ontario Ministry of Labor has fined the Corporation of the City of Brampton $75,000 for a violation of the Occupational Health and Safety Act after a young worker was injured while working at a snow tube hill.

The incident in question occurred as city workers were preparing the tube hill for use by the public on February 20, 2009. It was a daily practice for workers to test the speed of the hill before opening it up to patrons.  In order to test the speed of the escape lane, a young worker sat in a tube and slid down the lane.

On that day, however, the tube slid in the wrong direction, went over the berm and collided with the tow line lifting device.  As a result, the worker suffered broken bones, a punctured lung, spinal fracture and a concussion.

A Ministry of Labour investigation found that the city failed to take the reasonable precaution of ensuring that the berm was adequate for the protection of the worker, and the Corporation of the City of Brampton pleaded guilty to the charge.

The fine was imposed by Justice of the Peace Michael Barnes.  In addition to the fine, the court imposed a 25% victim fine surcharge, as required by the Provincial Offences Act. That money is credited to a special provincial government fund to assist victims of crime.

Last summer, the Ontario Ministry of Transportation (MTO) began testing a fully mobile work zone barrier system during a concrete repair project on Highway 115, southwest of Peterborough.

The new system is fully mobile, consisting of a wheeled unit, which is pulled by a standard truck tractor. The unit can be deployed relatively quickly and, because of its reversible axles, it can easily be reconfigured for either right or left applications in about half an hour.

These new mobile units, which are bright orange to alert drivers that road work is taking place, reduce the need for road crews to set up a Temporary Concrete Barrier (TCB), which means they can finish road work and reopen a lane in less time.  By adding panels, the size of the work zone can be expanded to as much as 31 metres, and the systems are also customizable, including such options as portable message signs, auxiliary lighting and a privacy barrier. The unit meets U.S. National Cooperative Highway Research Program 350 TL-3 crash test requirements, as well.

The mobile work zone barriers increase the safety of maintenance and construction crews, according to a number of test projects, and past use by others. The state of California has been deploying such mobile barriers since 2004, for example, and they have proven to be very time effective and safe. California refers to its mobile barriers as “Balsi Beams,” because they were developed after worker Mark Balsi was killed by a motorist while picking up trash along the highway. California’s Balsi Beam was among those demonstrated to MTO officials at a conference several years ago, which led to last summer’s trial.

Construction crews have so far found it easy to adapt to the devices, and feel very confident working behind them.  The Highway 115 trial project proved the units to be so effective that the contractor’s schedule was advanced, and work was completed ahead of time, because they were able to eliminate the work necessary in placing and removing the TCB.

Due to the success of the initial mobile barrier trial, MTO expects to expand their use for projects such as pothole filling, pavement testing, crack sealing, bridge and guide rail repairs, and even accident scene investigations.

Photos of the mobile work zone barrier system in action can be found here.

Employers and workers in New Brunswick started the new year off right; with new fall protection legislation on the books, designed to make workers feel safer, which officials feel will make them more productive.

The new amendments, which affect the General Regulation (91-191) of the provincial Occupational Health and Safety Act (OHSA), took effect January 1. They came about as a result of nearly seven years of research, analysis, consultation and evaluation.

Among the amendments are; preference to systems designed to prevent worker falls, including items such as guardrails and travel restraints; new, more stringent provisions for roofing and weatherproofing sectors; greater instruction and training requirements for all workers; and reference to new and updated Canadian Standards Association guidelines.

One of WorkSafeNB’s main motivations for crafting the new laws was to implement what they refer to as a “hierarchy of intervention,” in which fall prevention takes precedence over then jumping in and rescuing workers after they fall. The idea is that workers are more productive and feel safer when they are working wiith guardrails than when they have fall arrest or safety monitors.

There are also additional responsibilities written into the amendments that require  building owners to ensure that anyone conducting work on their behalf complies with the legislation. WorkSafeNB believed that, though the OHSA addresses the general duty provisions of owners with respect to health and safety, the provisions tended to be ineffective, so they put in a lot of emphasis on responsibilities of building owners to ensure the legislation itself was being followed by any contractors they hire.

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.

On August 27, 2010, at 6:00 p.m., injured worker and Paralympics medalist Josh Dueck took to Empire Field and the Pacific National Exhibition in British Columbia to attempt to break a world record for the “most High Fives by any individual in 24 hours.” The record attempt was part of WorkSafeBC’s Raise Your Hand campaign — an annual initiative to increase young workers’ understanding of their safety rights and how to stay safe at work.

Dueck became paralyzed from the waist down in a workplace accident at the age of 23. Since then, he has become a world-champion para-alpine skier. He has won national and international competitions and recently won a silver medal at the 2010 Paralympics Winter Games. And as a member of the WorkSafeBC Paralympics Speaker program, he has shared his experiences with youth across British Columbia for the past several years.

Since 2007,  the Raise Your Hand campaign has used its website at RaiseYourHand.com, street teams that travel to high schools and universities around the province, and other means to raise awareness about workplace safety to the province’s 350,000 young workers.

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.

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.

A new report from the Conference Board of Canada, entitled “What You Don’t Know Can Hurt You: Literacy’s Impact on Workplace Health and Safety,” suggests that workers are being put at serious risk due to many employers’ overreliance on written manuals and policies and a serious lack of attention to building and maintaining workers’ literacy skills.

The report, which was released July 21, is the culmination of a two-year study for Human Resources and Skills Development Canada. The purpose of the study was to examine the health and safety aspects of literacy skills development in the workplace.

The study found that employers often assume that because they set a minimum recruitment standard of a Grade 12 education level, that all workers are fully literate, and no literacy issues could possibly exist in their workplaces.  According to the report,  64% of employers felt that employees understood their health and safety policies to a large extent or fully, while only 40% of workers themselves agreed with that assessment. At the same time, only 5% of immigrant service agency respondents said they believed workers understood health and safety policies to a large extent or fully.

The report also noted that because literacy is an essential skill in terms of understanding health and safety policies, such as a worker’s right to refuse unsafe work, safe work procedures, safe handling of materials and comprehension of WHMIS information, employers should be more proactive in assessing their workers’ literacy levels by reviewing past incidents. It recommends that employers take a close look at their current  OH&S policies from the perspective of a low-literacy worker. It suggests that all workplaces work towards putting their OH&S policies into plain language to minimize communication difficulties between employers and workers.

Employers are also encouraged to address the stigma surrounding literacy, and recognize that some workers who may be struggling with literacy or communications skills will be reluctant to admit it for fear of reprisal, job loss or even just because of fear that other workers might make fun of them. Therefore, a good practice might be to integrate literacy and essential skills training into regular technical and safety training.

Review the entire report here.

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.