The Northwest Territories and Nunavut have begun the process of making drastic changes to their Occupational Health and Safety Regulations (OHSR), but the proposed draft has many businesses concerned.

In fact, there were so much concern expressed by members of the NWT Construction Association and the NWT Chamber of Commerce, that the Workers’ Safety & Compensation Commission (WSCC) of the Northwest Territories and Nunavut announced an extension of the public consultation period for the OHSR to March 31, a full five months later than had originally been scheduled.  It is hoped that the extension will give businesses time to examine the proposed regulations and provide meaningful feedback to the Safety Regulation Review Committee.

The WSCC and the two territorial governments studied the regulatory framework under the current Safety Acts and found it to be “fragmented, outdated, unclear and difficult to enforce,” according to a WSCC press release. The review committee spent two years developing the draft OHSR, which would replace all regulations under the Safety Acts, including the integration of regulations related to asbestos, workplace smoking, silica and soundblasting, among others, and combine them all into a single set of regulations.

Among some of the other changes included in the draft regulations are:

• Creating an enhanced role for joint occupational health and safety committees;
• Facilitating a partnership between employers and workers for greater safety at work sites;
• Facilitating a greater use of practice guidelines, standards and codes, with employers, workers and other stakeholders taking a much greater role in their development;
• Updating requirements for personal protective equipment;
• More directly addressing unique safety issues for workers in extremely cold weather;
• More provisions for radiation safety, including protection of pregnant workers and;
• More regulations dealing with harassment and violence on the job;

Some business groups, however, have complained about what they refer to as the WSCC’s “misguided approach” to developing the new regulations. They point out that a rewrite of the rules doesn’t necessarily lead to improved safety performance in the workplace.

Some have also expressed concern over the size of the draft, which runs approximately 350 pages, which seems excessive to some. In a business climate in which 97% of businesses fit into the “small” category, they wonder how many business owners will read the whole thing and recognize the regulations that apply to them. They worry about the “one-size-fits-all” nature of the new regulations, their lack of a risk assessment component. There are also cost concerns about regulations relating to internal safety committees, additional training and the shutting down of sites if the combined temperature and wind chill drops to -45 C or lower.  A few businesses indicated that they might as well shut down for the winter under such conditions.

For their part, the WSCC acknowledges the media attention they’ve received over the cold weather regulations, and they are sensitive to many other concerns, as well. When the current consultation period ends, they will decide if more consultation is necessary. They hope to put the new regulations in effect by the spring or summer of 2012.

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.

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.

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.

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.

The Ontario courts were busy last week, and in the space of four days, worker accidents cost three companies a lot of money.  Take a look at the details of each accident; every one of them was easily preventable with just some basic safety training and worker awareness.

1. In one case, elevator and escalator manufacturer Kone Inc. was fined $90,000 for a violation of the Occupational Health and Safety Act that caused a worker to be injured.

The fine was for an incident that occurred on September 11, 2008, when a worker was repairing an elevator circuit board at the University of Western Ontario. The worker stood on a ladder in the pit and shaft area of the elevator while the elevator’s power was still on. As if that wasn’t bad enough, the worker wasn’t using rubber gloves, mats, shields, or other equipment to protect against electrical shock. Of course, when the worker touched the back of the circuit board, the resultant electric shock caused him to fall to the concrete floor of the pit, resulting in wrist and facial fractures.

Kone Inc. pleaded guilty to failing to ensure the worker used rubber gloves, mats, shields and other protective equipment and procedures adequate to ensure protection from electrical shock and burns.

2.  In another case, a $60,000 fine was imposed on Tri City Materials Ltd., a company that works with aggregates, after it, too, pleaded guilty for a violation of the Occupational Health and Safety Act that caused an injury to a worker.

The incident that led to this fine occurred on December 30, 2008. A worker was cleaning out a trailer that acted as a hopper for various materials. Because the hopper’s chute needed power to stay open, the truck attached to the trailer was left running.  Unfortunately, when another worker shut off the truck during the cleaning process, the chute gate immediately closed and caught the worker’s leg.

A Ministry of Labour investigation found that the company’s procedure for safely cleaning the trailer required that it be locked out with its chute gate manually wedged open. They determined that the worker was improperly trained, and was unfamiliar with this procedure or the hazards associated with cleaning out the trailer.

Tri City Materials Ltd. pleaded guilty to failing to acquaint the worker with the hazards associated with cleaning out the trailer.

3. Within days of the above fines, Abitibi Consolidated Company of Canada, owner and operator of a paper mill in Fort Frances, was slapped with a $125,000 fine for their violation of the Occupational Health and Safety Act for an accident that injured two workers and a student.

That incident occurred on August 20, 2008, when two of the paper mill’s electricians were changing the power box for part of a paper machine. In this case, the power to the box itself was locked out, but the power to the cabinet containing the box was not shut off or locked out. As the electricians removed the power box, they noticed a cable inside the cabinet that needed to be moved, so one of them reached into the cabinet with a metal tool to remove a clamp holding the cable in place. In doing so, the tool made electrical contact with a live conductor inside the cabinet, creating an arc flash, which in turn caused another arc flash from the live conductors overhead.

The accident caused both electricians to suffer first, second and third degree burns. At the same time, a student who was standing nearby and watching them suffered first degree burns.

Abitibi Consolidated Company of Canada pleaded guilty to failing to ensure that a tool was not used near a live electrical installation to prevent electrical contact with a live conductor.

In addition to the $275,000 in fines in the three cases above, the court 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. That puts the total cost to these three companies at more than $343,000, all for accidents that could have been prevented with a little health and safety awareness.

Proper health and safety training doesn’t cost. It pays.

It certainly pays to do a little research before signing on the dotted line…

It seems that a company has been calling small business owners in Nova Scotia and other parts of Canada, and causing them to scratch their heads and call the Department of Labour and Workforce Development for answers.

Numerous business owners have recently reported having been approached by a vendor claiming to offer a new training program based on what it claims are recent changes to the Workplace Hazardous Materials Information System regarding the retraining of workers.

The problem is, of course, that the information they are giving is bogus. According to the government’s Occupational Health and Safety division leadership, there haven’t actually been any recent changes and they warn companies to be wary of anyone claiming to have information about new safety programs. While they note that any training that boosts awareness of occupational health and safety is good, business owners should use proper caution when evaluating training programs.

In many jurisdictions, any occupational health and safety service providers who provide people with inaccurate information could be subject to fines.

It’s been a pretty hot summer so far, and we’re not even halfway through, so perhaps this is would be a good time to remind you to take special precautions on scorching hot summer days, in order to keep your workers safe and productive.  The higher the temperature goes, the less comfortable workers feel, which makes them more prone to accidents and also causes them to slow down a bit. But just as importantly, excessive heat can be extremely dangerous, and building a culture of safety requires that you keep your workers as safe as possible.

If possible, try to reduce the demand on each worker by reducing  the level of physical exertion such as excessive lifting, climbing, or digging. If possible, try to use relief workers or assign extra workers.  Try to reschedule the most strenuous activities jobs for the cooler part of the day and reserve the hottest part of the day for routine maintenance and repair work.

For those workers who must work outside during the hot part of the day, they should wear light, very loose-fitting clothing, with long sleeves and long pants, in order to avoid serious UV damage from the sun.  For areas of the body that are still exposed, such as faces, hands and necks, be sure to have adequate supplies of good quality sunscreen on hand as well.

Make sure all outside workers are provided with plenty of water. And that should be water, as sugary drinks and drinks with caffeine actually cause faster dehydration. They should also be given plenty of breaks during which they can drink the water. It is far more beneficial to drink small amounts of water at frequent intervals than to drink a lot of water all at once. If the work is particularly strenuous and is performed in direct sunlight, try to provide a shady area or tent, where workers can sit down, drink some water and recharge.

If your workers are toiling away in an area with a combination of high temperature and high humidity,  be aware of the increased risk to such workers of heat stroke or heat exhaustion. In addition to workers who don’t take adequate breaks or drink enough water, pay close attention to workers who take certain medications, older workers or workers who are not in peak physical condition, as they are especially susceptible to complications from heat-related stress.

Some of the warning signs for heat-related illness include headaches, lightheadedness, confusion, irrational behavior, loss of consciousness, abnormally high body temperature and hot, dry skin.  When a worker starts to complain that he or she isn’t feeling well, you would do well to take the complain seriously and sit that worker down in the shade with a cup of water and let them recover.

Other potential risks to the health of workers toiling outdoors in summer aren’t necessarily heat-related. It might be a good idea to have workers regularly check for ticks, which sometimes carry Lyme Disease. Be sure to watch out for mosquitoes, which can carry West Nile Virus, and plants, such as poison oak and poison ivy, that can cause skin rashes and make it difficult to work.

The Federal Government has made a major investment in a literacy and essential skills development project designed to help Canadian manufacturing workers and businesses make their workers more productive and keep them safer.  The program hopes to identify best practices and create tools to help businesses incorporate critical skills in their training programs.

As the Government sees things, Improving adult Canadians’ literacy and essential skills is a key part of the its commitment to creating the best educated, most skilled and most flexible workforce in the world. The Office of Literacy and Essential Skills was created in order to help increase the literacy and essential skills of adult Canadians.

Skills shortages remain a significant challenge for the Canadian economy, but beginning with an initial investment of over $38 million in 2010–2011, it is hoped that the Office can create an environment in which Canadians have the literacy and essential skills they need to participate fully in the labour market and in their communities.

In addition to providing funding and conducting research, the Government’s Office of Literacy and Essential Skills works with provincial and territorial governments, as well as non-profit organizations across Canada, to help employers, practitioners and trainers incorporate literacy and essential skills into their training programs.