Issuu

C A N A D Aâ€™ S O C C U PAT I O N A L H E A LT H & S A F E T Y M A G A Z I N E JU LY / A UG U S T 2016

C A N A D A

STEPPING

UP Ontario gets tough on sexual harassment

PIECING THE PUZZLE

Sending the safety message to a diverse workforce

WORKPLACE ACCOMMODATION

Hearing-impaired employee vindicated

ROOT AND BRANCH

Staying safe when planting trees

AT THE READY

Rendering effective workplace first aid

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C A N A D A’ S O C C U PAT I O N A L H E A LT H & S A F E T Y M A G A Z I N E

C A N A D A

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FEATURES

S E X U AL HAR AS S M EN T 20

Drawing the Line

Bill 132, which takes effect in Ontario in September, will raise the bar by introducing new employer obligations to protect workers from sexual harassment. BY JEAN LIAN

DI V E RS ITY 26

Lost in Translation

As Canadian workplaces continue to diversify, keeping employees safe also means ensuring that the safety message resonates with workers of every creed and colour.

BY JEFF COTTRILL

DEPARTMENTS 32

S H O W R EP ORT

Changes to exposure limits on respirable crystalline silica and cyber attacks becoming a workplace safety concern were some of the issues highlighted at Safety 2016 in Atlanta. BY JEAN LIAN

S AF E T Y GEAR

First on the Scene

Injury prevention is key in every workplace, but being prepared also means having the ability to respond quickly and effectively to an injury that has already occurred. BY JEAN LIAN

Seeds of Safety

The array of dangers that tree planters face requires them to take a host of safety measures, from proper lifting procedures to guarding against bear encounters.

IN THIS ISSUE ED ITORIA L

PAN ORAMA

LETTERS

Beyond the Comfort Zone

N EWS

D ISPATCHES

AD IN D EX

Yukon probes miner’s death; explosion at British Columbia recycling plant; Alberta employee gets compensation; Ontario mental-health centre fined; pit bulls attack Quebec mail carrier; and more. Hands-free not risk-free; First Nations safety association founded; and more.

ACCI DE NT P R EV EN TION

L AW F I LE

Righting a Wrong

A woman who was awarded damages for the abuse she suffered after losing her hearing underscores the importance of workplace accommodation. BY JEFF COTTRILL

T I M E O UT

Klepto-kitty; from Abby, with love; cliff hanger; a bear in the car; GO-getter; in heat; keeping Babe; and more.

Prepare and prevent, don’t repair and repent.

— AUTHOR UNKNOWN

www.ohscanada.com

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EDITORIAL

C A N A D A’ S O C C U PAT I O N A L H E A LT H & S A F E T Y M A G A Z I N E

Beyond the Comfort Zone

recently attended a conference in Atlanta, and one of the sessions talked about how cyber risks have become an issue that concerns not only the IT department, but also safety professionals. The speakers pointed out that cyber attacks no longer involve merely the breach of information; the convergence of digital and physical threats has made cyber attacks squarely a workplace-safety issue. Consider hackers who manipulate the operations of a nuclear power plant or an oil and gas installation, which can threaten the safety of workers and the facility’s surrounding inhabitants. Safety professionals today increasingly face an uncertain environment that constantly throws up new challenges with little or no precedence. A large part of that stems from the changing nature of the workplace — a phenomenon on which the Ontario Ministry of Labour is conducting a review. The Ministry cited globalization, technological change, growing workplace diversity and the rise of non-standard employment as among the factors behind the metamorphosing workplace. The rise of temporary work, subcontracting and self-employment weaken the regulatory grip on workplace safety by making it harder for employers to implement safety practices — either due to the transience and mobility of the workforce or uncertainty over employers’ legal obligations — and for authorities to monitor the safety of these workers who lie in the penumbra of a conventional employment relationship. Temporary migrant workers and contractual work arrangements in the agriculture, construction and hospitality sectors are prime examples. Technology, which has always had a democratization effect by lowering the entry barrier, has given rise to new business models like Uber and Airbnb that contribute to altering the dynamics of the traditional employer-employee relationship. For Uber drivers, anyone who owns a vehicle can pick up fares through apps for iPhone and Android devices, while property owners can turn their private residences into standalone hotels simply by listing photos of their abodes on the Airbnb website. While Uber professes to be a technology platform and Airbnb positions itself as an online rental marketplace, Uber and Airbnb are essentially a taxi-service provider and multi-hotel operator respectively. But unlike their traditional business counterparts, which are subject to health and safety laws, workplaces built on technological platforms have largely evaded the oh&s regulatory framework. Add to that the spillover effect of a global economy, in which developments in another country can have safety repercussions in our backyard. A case in point is when Toronto police Chief Mark Saunders expressed his concern for the safety of his officers in July, following the violent incidents against police officers in the United States. As well, an epidemic raging in other parts of the world — think SARS and the more recent Zika virus — can pose dangers to frontline workers, such as those in the healthcare and air-transportation industries. Preparedness will have to feature more prominently in safety planning if we want to be able to respond to challenges in all its variegated forms more nimbly moving forward. Navigating an evolving safety landscape can be unnerving, but it also offers us the opportunity to rethink and redefine safety in ways that we have not thought about before.

Jean Lian

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ohs canada

C A N A D A

Vol. 32, No. 4 JULY/AUGUST 2016

JEAN LIAN jlian@ohscanada.com EDITOR

EDITOR JEFF COTTRILL CANADIAN OCCUPATIONAL HEALTH & SAFETY NEWS jcottrill@ohscanada.com ART DIRECTOR

MARK RYAN PHYLLIS WRIGHT

PRINT PRODUCTION MANAGER PRODUCTION MANAGER CIRCULATION MANAGER

STEVE HOFMANN BARBARA ADELT badelt@annexbizmedia.com

PUBLISHER

PETER BOXER pboxer@ohscanada.com

EDITORIAL ADVISORY BOARD MEMBERS DAVID IRETON, Safety Professional, Brampton, Ont. AL JOHNSON, Vice President, Prevention Services WorkSafeBC, Richmond, B.C. JANE LEMKE, Program Manager, OHN Certification Program, Mohawk College, Hamilton, Ont.

DON MITCHELL, Safety Consultant, Mississauga, Ont. MICHELE PARENT, National Manager, Risk Management and Health and Wellness, Standard Life, Montreal, Que.

TERRY RYAN, Workers’ Compensation and Safety Consultant, TRC Group Inc., Mississauga, Ont.

DON SAYERS, Principal Consultant, Don Sayers & Associates, Hanwell, N.B. DAVID SHANE, National Director, Health and Safety, Canada Post Corporation, Ottawa, Ont.

HENRY SKJERVEN, President, The Skjerven Cattle Company Ltd., Wynyard, Sask. PETER STRAHLENDORF, Assistant Professor, School of Environmental Health, Ryerson Polytechnic University, Toronto, Ont.

JONATHAN TYSON, Association of Canadian Ergonomists/Association canadienne d’ergonomie, North Bay, Ont. OHS CANADA is the magazine for people who make decisions about health and safety in the workplace. It is designed to keep workers, managers and safety professionals informed on oh&s issues, up to date on new developments and in touch with current thinking in the oh&s community.

WEBSITE: http://www.ohscanada.com INFORMATION AND RECOMMENDATIONS contained in this publication have been compiled from sources believed to be reliable and to be representative of the best current opinion on the subject. No warranty, guarantee nor representation is made by Annex-Newcom LP as to the absolute correctness or sufficiency of any representation contained in this publication.

OHS CANADA is published six times per year by Annex-Newcom LP, a leading Canadian information company with interests in daily and community newspapers and business-to-business information services. The yearly issues include: January/ February, March/April, May/June, July/August, September/October and November/December.

ADDRESS: OHS CANADA MAGAZINE, 80 Valleybrook Drive, Toronto, ON M3B 2S9. TELEPHONE: Customer Service: 1-866-543-7888; Editorial: 416-510-6893; Sales: 416-510-5102; Fax: 416-510-5171.

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$ 281million

Amount of surplus funds the Saskatchewan Workers’ Compensation Board will distribute to employers. The Saskatchewan Federation of Labour criticized the WCB for not contributing the funds to benefit injured workers.

2 3

Source: Saskatchewan Federation of Labour

4 5

Red Flag Raised: The Workers’ Safety and Compensation Commission issued a hazard alert about working at heights on June 13 after a construction worker, who was not wearing fall-protection gear while installing floor trusses on a second-level floor opening in Yellowknife, fell more than three metres through an open area and sustained a head injury. Source: The Workers’ Safety and Compensation Commission

$ 27.6 million Amount that Transport Canada plans to invest into improving safety at 13 regional airports across the country.

Source: Transport Canada

In Cuffs: Officers from the Nelson Rural RCMP arrested one student for issuing a “serious” threat against the staff and students at Mount Sentinel High School in South Slocan, British Columbia, leading to an emergency evacuation of the school on June 23. Source: Nelson Rural RCMP 2.

Slow Down: Saskatchewan’s Ministry of Highways and Infrastructure teamed up with the RCMP to educate the public on the importance of slowing down when passing emergency workers during the week of June 20. Drivers in the province must slow down to 60 km/hr in both directions on two-lane highways and both lanes travelling the same direction on four-lane highways when passing vehicles with their lights activated.

Source: Government of Saskatchewan

Safety Boosted: Amendments to the Mines and Mining Plants Regulation under Ontario’s Occupational Health and Safety Act took effect on July 1. Among the changes are improvements to worker requirements for high-visibility safety apparel, updates to conveyor requirements regarding guarding provisions and emergency stopping devices and improved training standards for surface diamond drill operations to adapt to recent changes made to the Ministry of Training, Colleges and Universities’ modular training program. Source: Ontario Ministry of Labour

5. Eye on Trucks: The annual blitz of safety inspections targeting commercial vehicles across North America conducted from June 7 to 9 has ranked New Brunswick highest among Canadian provinces in safety and compliance. An inspection of 241 commercial vehicles found that New Brunswick has the lowest out-of-service rate for commercial vehicles in Canada at 11.6 per cent, compared to a national average of 18.8 per cent.

$50,000

Penalty issued to Welded Tube of Canada Corporation in Concord, Ontario after a falling post injured a worker. Source: Ontario Ministry of Labour

Source: New Brunswick Department of Public Safety

360° 6

WORKER CRUSHED BY FALLING PALLET A FedEx loading-dock worker was killed after more than a half-ton of packages fell on him at a western New York State freight facility. Police in Tonawanda report that the incident took place at 7:15 a.m. on August 3, and the United States Occupational Safety and Health Administration has been notified. . Source: The Associated Press

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ohs canada

39%

Increase in assaults against corrections employees in nine provincial jails in British Columbia from 2014 to 2015. Source: B.C. Government & Service Employees Union

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LETTERS

Recent issues of ohs canada and our website, www.ohscanada.com, have provided readers with plenty to chew on. BEHIND THE WHEEL A feature on semi-autonomous technology and road safety was published in the May/June 2016 issue of ohs canada. Commercial drivers, per kilometre, are the safest operators on the road, and it should not have been implied that the trucking industry needs this technology to be safe. More than 90 per cent of accidents or incidents involving commercial vehicles are caused by drivers of domestic vehicles. An automobile should have been used on the cover. Semi-autonomous technology (SAT) will lull drivers into a false sense of security, much like safety equipment has done in hockey, which will result in more serious accidents. Imagine SATcontrolled vehicles reacting to a driver on the 401 going through the GTA, making multiple quick and dangerous lane changes to hit an exit. Can you say “fender bender”? Tesla vehicles, which are leading the industry in SAT, are showing fallibility, which has created some serious accidents… You won’t fix or control “stupid” with this technology. Bob Elliott Administration, TTK Transport Inc.

FIREFIGHTERS FEAR FOR HEALTH Many firefighters, who were unable to wear their usual air masks while battling a wildfire in Fort McMurray, are being screened for health problems after days of breathing in hazardous smoke. (the canadian press, July 11, 2016) Would it not be possible to have a supply of air tanks being brought in and switched on the firefighters as they work? Individuals could be assigned 8

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ohs canada

the task of delivering, replacing and refilling the tanks as the firefighters work. Are the lives of the firefighters not worth the value of the buildings? It is sad to think that these persons will suffer the rest of their lives and/or live shorter lives just to save a building and its contents. Darrin

They should look into the option of stocking full-face respirators with defender-style cartridges with P100 particulate filters — they help protect against an array of hazardous atmospheric gases and fumes. The full-face respirator has a better protection factor, and one need not worry about safety glasses or visors fogging up. Oilsands Safety

RALLY FOR SAFETY About 200 bus drivers from across Canada gathered in Kelowna, British Columbia on June 8 to rally against violence on the job. (canadian occupational health and safety news (cohsn), June 14, 2016) I drive in Vancouver, and we have both transit security and transit police. I rarely see the transit police. I see transit security very regularly, and they either ride my bus and do fare enforcement or do a walk-through fare check. Either one is good, because it lets people know that there is someone watching. Transit security has the power to issue fare-evasion fines and make an arrest if necessary. Tim

In regards to the transit-police suggestion, don’t waste your money up there. The Vancouver Transit Police are highly paid, glorified fare enforcement that eat up six per cent of Translink’s budget and do nothing for bus safety. I drive for transit, and the only thing I recog-

nize is the back of a transit cop leaving a bus loop as the buses arrive. I could not tell you what the front of their uniform looks like. Also, if you go for a barrier, the test one here is easy to dump liquids over and reach under. Basically, it is a trap that holds the driver in a confined space. If it is not floor-to-ceiling and there is nothing to hold passengers behind the red line, it will not be effective. Laura

FALLEN ANGEL A former police officer in British Columbia has been charged with sexual assault. (the canadian press, May 1, 2016) This is what happens when there is no accountability or action taken. In the last five years, countless harassment cases have surfaced, and this officer was referred to or implicated. Why was he not investigated and dealt with promptly as an indication that the RCMP are truly trying to address the horrendous behaviours of officers (primarily in western Canada)? Paulson, who served 19 years in British Columbia, would have known or at least been aware of all the incidents, so what has he actually done to change the ingrained “old boys” attitude?… Ponder on what has been accomplished of late. Judith Harrower

A COLOURED VIEW The Alberta public has been getting an inaccurate picture of workplace injuries and fatalities through news media, a study says. (cohsn, May 3, 2016) Most injuries are not even reported. With the new claims-management process in place, even lost-time injuries are not being registered due to the worker

being paid by the company instead of the workers’ compensation board. Also, the benefits of not reporting are good, as your premiums rates and compensation rates stay down.

Why not drag this out, as the RCMP officers will not personally fork out the money, but the taxpayers will. Of course, in the RCMP budget is a section for fighting this type of attitude, knowing that they are guilty, but thinking that they are saving face by denying any wrongdoing. Nice to know that the boys in red serge really want to save the Canadian taxpayers’ dollars!

think of to protect our lives and the value of our property… to no avail. These turbines must be turned off and dismantled. We were here first, and we have every right to stay here. I sincerely hope you are successful in getting through to this outrageously ignorant government.

An editorial on two court decisions involving online harassment was published in the March/April issue of ohs canada.

Judith Harrower

RANDOM TESTING

I had some down time in the office this morning, so I read The New “Mess” Media. All I can say is “epic”; what an awesome article. I am so looking forward to reading the July/August issue.

“NO” TO WIND TURBINES

The Toronto Transit Commission plans to implement random alcohol and drug testing. (cohsn, April 26, 2016)

Don Andrechek

THE NEW “MESS” MEDIA

Jim Stacey Commercial Vehicle Safety and Enforcement, Thompson Nicola District, British Columbia

NO CLOSURE The RCMP pleaded not guilty to Labour Code violations stemming from a 2014 shooting rampage targeting Mounties. (the canadian press, May 13, 2016)

Opponents of a wind-power project in the Collingwood, Ontario area warned that building giant industrial turbines near an airport runway will put lives at risk. (the canadian press, April 22, 2016) In Huron County, in Ashfield Colborne Wawanosh where K2 Wind has surrounded our homes and has our neighbourhood enveloped in their industrial wind power station, I can attest to you that all of the turbines disappear during fog and snowstorms during the day. I pity pilots who will have to navigate through the turbines around your airports if you do not stop this from happening. We tried everything we could

Sommer

I don’t understand the union’s problem. If there is one employee found under the influence at work, that is a major problem. There are people’s lives at stake here, not to mention lawsuits. If the union thinks it is their job to protect substance abusers rather than the public, maybe the union is the problem. Sarge Follow us on Twitter @OHSCanada

Would you like to share a comment? Send an email to jlian@ohscanada.com. Letters may be edited for style, grammar and length.

Oakville Hydro wins first David Ellis Award

akville Hydro Electricity Distribution Inc. won the first annual David Ellis Award on July 14. The inaugural award, which is sponsored by cloud and mobile-based software company eCompliance in memory of 18-year-old David Ellis, who was killed in a workplace accident in Ontario, is granted to a Canadian company that has (From left): Josh LeBrun, president and chief operating officer of demonstrated safety excellence. eCompliance; Peter Michaud, director of health, safety and enOver the past year, Oakville Hydro has made significant ef- vironment at Oakville Hydro; Rob Ellis, founder of MySafeWork. forts towards improving safety by encouraging employee participation and communication at all levels. Onsite employees zation has improved. “As an organization that believes in empowering all of our are identifying and eliminating hazards through performing more inspections and making corrective actions. Employees staff, we are honoured to be the first recipient of such an imare also keeping up to date on their training, and the number portant award,” said Rob Lister, president and chief executive of safety documents being shared and read across the organi- officer of Oakville Hydro. www.ohscanada.com

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OH&S UPDATE

AMENDMENTS TO REGULATIONS FEDERAL — Federal Transport Minister Marc Garneau has announced new amendments to the Small Fishing Vessel Inspection Regulations intended to improve safety equipment, stability requirements and safe operating procedures for small fishing boats. Renamed the Fishing Vessel Safety Regulations, the altered rules apply to Canadian fishing vessels measuring less than 24.4 metres long and with less than 150 gross tonnage, according to a Transport Canada statement issued on July 13. The changes resulted from 14 years of consultation with fishing-vessel owners, safety groups, fishing-safety associations and other stakeholders across the country. “With these new regulations, small fishing vessels will be better equipped to operate safely, reducing fatalities, injuries and loss and damage to vessels,” Garneau says.

The revised regulations require small fishing boats to contain up-to-date safety equipment, such as portable fire extinguishers, immersion suits, life rafts and lifebuoys. Specific requirements for equipment depend on the length of the vessel. In addition, small vessels must have written safe operating procedures, and crew members must be familiar with the following: location of safety equipment and how to use it; measures to prevent people from falling overboard, rescue those who do and protect all from fishing equipment that may create hazards; measures to prevent fire and explosion; measures to load, stow and unload bait, fish and consumables safely; how to operate towing and lifting equipment; and measures to prevent flooding. New fishing vessels less than six metres long also need to meet the buoyancy, flotation and stability requirements under the Construction Standards for Small Vessels. New boats longer than nine metres must undergo stability assessments.

According to Transport Canada, the current regulations for small fishing vessels are more than four decades old and have not been adapted for technological advances or the fishing sector’s best practices. Another other reason for amending the regulations is to stem the “unacceptably high” rate of injuries and fatalities in the industry. Fishers and owners of fishing vessels have until July 13 of next year to comply with the new regulations.

SPEED, ALTITUDE CITED IN CRASH FEDERAL — The March 29 plane crash that killed federal cabinet minister Jean Lapierre, along with his wife, three siblings and two crew members, occurred after the aircraft had been flying at an excessively high altitude and a dangerous speed before its landing at the Îles-de-la-Madeleine airport. The Transportation Safety Board of

REPORT FINGERS LACK OF TRAINING, OVERSIGHT FEDERAL — A report from the Transportation Safety Board of Canada (TSB) attributes responsibility for a helicopter crash that killed all four people aboard in Moosonee, Ontario three years ago to air-ambulance company Ornge Rotor-Wing and Transport Canada. In its report published on June 15, the TSB concludes that the company failed to provide adequate training, equipment and resources to the flight crew onboard the Sikorsky S-76A chopper, which was heading to Attawapiskat, Ontario on May 31, 2013. Shortly after takeoff from the Moosonee Airport, the first officer attempted a left-hand turn at about 90 metres above the ground, but the helicopter’s angle of bank increased, sending the vehicle into sudden descent. The aircraft hit the ground 23 seconds later, killing the captain, the first officer and two paramedics. The TSB’s subsequent investigation revealed that Ornge had not sufficiently trained the crew to fly a helicopter in the conditions present that night. The company did not have the dedicated night-flight standard operating procedures necessary to deal with the hazards of total darkness, and the crew was working under ineffective nighttime visual-flightrules regulations that did not clearly define how to maintain a visual reference to the ground. “This accident goes beyond the actions of a single flight

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crew,” TSB chair Kathy Fox says in a statement. “Transport Canada (TC) inspections identified numerous concerns about the operator, but its oversight approach did not bring Ornge RW back into compliance in a timely manner.” The TSB issued a total of 14 recommendations in the areas of regulatory oversight, aircraft equipment and flight rules and pilot readiness to address all of the aviation risks identified in this investigation. “Both Ornge RW and TC have taken significant action since this accident, but there are still a number of gaps,” Fox notes. “Our recommendations will help ensure that the right equipment is on board, that pilots are suitably prepared and that operators who cannot effectively manage the safety of their operations will face… a firm hand from the regulator that knows exactly when enough is enough.” In response to the TSB report, Ornge president and chief executive officer Dr. Andrew McCallum says in a statement that immediately following the incident, the company initiated a full review of its safety processes, procedures and technology and took steps to minimize risk. “We will continue to honour the memory of the Moosonee crew with an unwavering commitment to protecting the safety of our patients, paramedics and pilots,” Dr. McCallum says. — By Jeff Cottrill

Canada (TSB) issued an update on its investigation on July 13, stating that the private aircraft had been flying at a speed that was 90 knots higher than the recommended standard prior to the initial approach fix and that it had been nearly 3,000 feet above where it should have been at that point. On the plane’s approach, it rolled into a steep right bank, descended quickly and collided with terrain, killing all seven aboard. “No mechanical deficiencies have been identified with the aircraft’s engines, flight controls, landing gear and navigation systems,” the TSB states in the update. “Communications with the aircraft throughout the flight were normal.” The update did not make any firm conclusions about the cause of the crash, and the TSB will issue a final investigation report in the future.

MINER’S DEATH UNDER PROBE YUKON — A vehicle accident that killed a 33-year-old worker at a Yukon mining operation on June 1 has spurred investigations by oh&s authorities, the RCMP and the Yukon Coroner’s Service. According to information from the Yukon Worker’s Compensation Health and Safety Board (YWCHSB), two employees were leaving the mining camp at Gladstone Creek in their own vehicles along a mine access road late in the evening when the second vehicle, a blue Ford two-wheel-drive passenger van, became stuck while trying to move up a hill. “They attached a tow rope between the Toyota four-by-four to the van,” says Kirsten Macdonald, the Yukon chief coroner, referring to the other worker’s vehicle. “Everything seemed to be going fine, and then the rope slipped off and the van wasn’t moving.” The driver of the Toyota SUV asked the other worker to get out of the van in case of slippage. After the van driver exited the vehicle, the van slipped back and its open door struck the man. The Toyota suddenly rolled back and collided with the van. The van driver could not get out of the way in time, and he sustained serious blunt-force trauma. A helicopter transported the victim to a nursing station, where he was pro-

nounced dead on the following morning. Police determined that the incident had not been criminal in nature. YWCHSB communications officer Andrew Robulack confirms that the Board is helping with the investigation.

STAFF, RESIDENTS AT RISK WHITEHORSE — Reduced work hours at the seven Residential Youth Treatment Services facilities in Whitehorse are endangering both staff and youth residents at the homes, according to a statement from the Yukon Employees Union (YEU) dated June 8. The youth homes, run by the territorial department of health and social services, house children from ages 10 to 17 who have been removed from their families, according to YEU president Steve Geick, who notes in the statement that the employer reduced the hours of 48 auxiliary on-call workers by 46 per cent, or 166 shifts, for the current fiscal year. “Many of the residents have violent histories with restrictions requiring them to be kept in sight of a caregiver at all times; this is impossible in understaffed residences,” Geick says. The reduction in staff work time, which equals about 2,000 hours this year, also means increased tension and stress, cancelled outings and unreliable maintenance of recreational programs, he adds. YEU is urging the employer to review staffing practices in the facilities.

TWO FATALITIES WITHIN DAYS VANCOUVER — Two unrelated fatalities involving the operations of Canadian mining companies in Mexico took place within the span of a few days. On June 20, an incident involving an employee of Starcore International Mines Ltd., headquartered in Vancouver, occurred at the company’s San Martin Mine in Queretaro, Mexico during the installation of wall and ceiling ground support in a cut-and-fill stope. In a statement dated June 21, president and chief executive officer Robert Eadie expressed regret over the company’s failure to report the death of the

worker, who was an experienced underground miner. Starcore is working with the local authorities on completing a final report on their investigation. Operations at the mine outside of this stope continue, and all crews have been fully debriefed on the incident. Just two days after the Starcore fatality, Great Panther Silver Limited in Vancouver reported that a contract miner had been killed on June 22 when an isolated rock fell at the Guanajuatito Mine. The area where the incident occurred was closed for investigation, but the rest of the operations remained unaffected. In a statement dated June 22, Robert Archer, president and chief executive officer of Great Panther Silver Limited, says the firm continues to work on a complete safety review across all its operations that began earlier in the year. The company is determining the cause of the incident and has reported the incident to the relevant authorities.

EXPLOSION AT RECYCLING PLANT BURNABY — A small explosion and fire occurred at a recycling plant in Burnaby, British Columbia on July 6, but no workers were injured in the incident. The outdoor explosion took place when an acetylene tank was placed near a shearing machine at the ABC Recycling plant, according to information from the City of Burnaby Fire Department, which responded to the plant’s 9-1-1 call. Firefighters quickly contained the fire, which was small and did not spread to the building. WorkSafeBC were called to the scene, and the organization is investigating the incident.

BLITZ TARGETS CONSTRUCTION EDMONTON — The Alberta government has launched a blitz of safety inspections of construction sites for new homes until the end of September this year. According to an announcement on the government’s website dated July 19, oh&s officers have stepped up inspections of these worksites outside of regular work hours. These officers are autho-

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rized to write tickets on the spot and can also issue stop-work and stop-use orders. “Each summer, work ramps up on residential construction sites as crews take advantage of the good weather and longer daylight hours,” Alberta Labour Minister Christina Gray says in a statement. “Officers will be out in force to make sure employers and workers are taking their workplace safety responsibilities seriously.”

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About 1,600 orders on residential construction worksites were issued from April 2015 to March 2016; more than half related to fall-protection violations, according to the provincial government.

EX-WORKER GETS COMPENSATION CALGARY — The Canadian Human Rights Tribunal has ordered a Calgary

mobile-phone store to pay $21,288 in compensation to a former sales employee and manager, who lodged a complaint against her supervisor alleging multiple instances of sexual harassment. Tribunal member Ricki T. Johnston signed the decision in Ottawa on June 15, awarding to complainant Shelby Anne Opheim $12,000 for the employer’s willful and reckless conduct, $7,500 for her pain and suffering and $1,788 for lost earnings. Opheim was hired by Gillco Inc. to work at the store, Mobilicity, on May 4, 2011 at the age of 18. She often worked alone in the store with her boss, Gagan Gill, who was there two or three days each week. She alleged that Gill had begun making sexually explicit comments to her within the first two weeks of her employment. The comments intensified and soon developed into unwanted touching. Opheim resigned on June 25, 2011, after Gill had allegedly asked her to walk up and down the street in front of the store in a skirt and high heels with flyers for a sale — a request that made her feel “cheap” and unsafe. “There were considerable challenges with regard to determining the facts in this matter,” Johnston writes in the decision. “Credibility was a significant factor, as the complainant and the respondents disagreed as to the occurrence of many of the events at issue.” But Johnston determined that Opheim had offered “clear and specific evidence” that was consistent with the allegations of inappropriate sexual conduct in her complaint. In contrast, Johnston deemed the evidence of Gill and Gillco Inc. to be lacking in substance. The respondents did not even challenge Opheim’s accusations in cross-examination or address any of her specific allegations. The decision notes that Opheim began to suffer from depression and anxiety following Gill’s alleged behaviour “and will be required to take anti-depressants for the rest of her life, at a cost of approximately $135 per month.” But she did not offer any evidence that these conditions had affected her ability to work full-time. Johnston concludes that Gill “committed a discriminatory practice in sexually harassing the complainant.”

PROTECTION NEEDED: UNION EDMONTON — After a robbery of an armoured truck resulted in the shooting death of one of the suspects in Edmonton on July 8, the national union representing armoured-vehicle guards has called on the federal government to pass a private member’s bill that will improve safety for the workers. The incident occurred near the Mill Woods Town Centre in the southeast section of the city, where two men reportedly approached guards, pepper-sprayed them and demanded money. One of the guards shot and killed one of the attackers as the other suspect fled. In a statement, Unifor urges the passing of Bill C-285, which will regulate crew sizes, vehicle specifications, safety equipment and other safety and training standards in the sector. “Bill C-285 calls for reasonable safeguards and regulations to be put in place. Unifor is asking all parties to sup-

port it to ensure speedy passage,” Unifor Western Director Joie Warnock says. “The current laws are simply not doing enough to keep armoured-car workers and innocent bystanders safe.” There were more than 85 armouredcar robberies in Canada since 2000, and five workers have been killed in these incidents, according to the union.

VILLAGE FINED FOR FATALITY ESTEVAN — The Village of Torquay in southern Saskatchewan was fined $30,000 on June 6, over an incident in which exposure to hydrogen sulfide claimed a worker two years ago. According to a statement from the Ministry of Labour Relations and Workplace Safety dated June 10, the victim was exposed to the gas while working in a confined space near the village on March 11, 2014. The Village pleaded guilty to failing to take all practicable steps to prevent

exposure of a hazardous substance to a worker, resulting in a fatality. The Village was charged with two other counts under provincial oh&s law, but these charges were dropped, the Ministry states.

ROOFING COMPANY PENALIZED SASKATOON — A roofing firm was fined $3,500 after a workplace inspection found employees working without proper personal protective equipment. According to a statement from the Saskatchewan Ministry of Labour Relations and Workplace Safety dated July 6, Royal Roofing Contractor Ltd., a Calgary-based company with a location in Saskatoon, had been charged with failure to ensure that workers were wearing approved head protection and using fall-protection equipment in areas where they could fall three metres or more. The charges resulted from a complaint after employees had been spotted in Regina working on a two-storey build-

SUICIDE WARRANTS BROADER PROBE: UNION TORONTO — Less than two months after a reporter at Canada’s largest newspaper took her own life, the publication has agreed to an external review of its workplace culture, but the union representing its journalists is pushing for a broader investigation into how that culture may have contributed to the tragedy. Award-winning Toronto Star global-environment reporter Raveena Aulakh, 42, committed suicide in late May. In a June 7 editorial, Star public editor Kathy English revealed that Aulakh had been involved in a relationship with senior manager Jon Filson — one that had ended shortly before the tragedy — and that she had accused Filson of also being involved with managing editor Jane Davenport, his supervisor. English wrote that senior management at the newspaper had conducted an internal investigation following the revelations and allegations made by Aulakh in emails sent to several people in the newsroom, and that both Filson and Davenport had been fired from the paper following the internal investigation. Paul Morse, president of Unifor Local 87-M, says his union has agreed to participate in the Star’s upcoming external review, but will continue to call for a fuller, independent investigation. He explains that the employer is planning to hire a clinical facilitator who will examine the newsroom culture. “But they have placed severe restrictions on that,” Morse claims, adding that the facilitator will not be allowed to look

at anything surrounding the Raveena situation at all. “We are looking for an investigation where somebody can come in with relatively free reign and to look at all the aspects that need to be looked at and ask the tough questions, and then hopefully come up with some significant recommendations and help the Toronto Star move forward in its healing,” Morse adds. Unifor Local 87-M filed a grievance under a collective agreement in the wake of Aulakh’s death, seeking a full, external investigation of the paper’s workplace culture. “There are some serious questions that need to be asked about the culture of the newsroom itself, the interaction between management and employees and how to move forward in healing that particular situation,” Morse adds. “We believe that there are factors at play that have contributed to its becoming a more toxic workplace than it might have been in the past, and really, only an external investigator at this point is going to be able to fully get to the roots of those issues, if they exist.” A recent memo to newsroom staff from John Honderich — chairman of Torstar, the corporation that owns the newspaper — and Star editor Michael Cooke reportedly states that management does not agree with the union’s allegation of a poisonous work environment, but admits that staff members have raised “legitimate concerns.” — By Jeff Cottrill

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ing without any fall-protection gear. Royal Roofing pleaded guilty on June 21. Two other oh&s charges were dropped.

HEAT-STRESS WARNING RELEASED WINNIPEG — Manitoba’s public agency for preventing workplace injury and illness is warning workers of the risks of extreme heat, both outdoors and indoors without air conditioning. SAFE Work Manitoba (SWM) issued a statement on July 20, suggesting measures to keep workers safe and comfortable. Employees in hot environments should wear lightweight, loose-fitting clothes, take breaks, drink cool liquids and save physically demanding tasks for cooler times of the day. Fans should also be used indoors if there is no air conditioning. Symptoms of heat stress can include illness like headache, dizziness and nausea, exhaustion. Workers should monitor themselves and co-workers for symptoms of heat stress, work in the shade whenever possible and get used to high temperatures. If a worker is suffering from heat stress, colleagues should move the person to a cooler area, loosen heavy clothing, offer cool water and call 9-1-1. “Employers should work with their safety and health committees, worker representatives or workers to create a hot-weather plan and determine work procedures for periods of elevated temperature,” SWM states.

MENTAL-HEALTH CENTRE RECEIVES FINE TORONTO — A 2014 attack on two employees by a patient at the Centre for Addiction and Mental Health in Toronto resulted in an $80,000 fine for the facility on July 18, according to a court bulletin from the Ontario Ministry of Labour. The incident occurred on January 14 of that year, when a patient with a history of violence rushed a registered practical nurse from behind in a hallway while the nurse was making rounds on a nightshift. The patient, who was not following a prescribed medication plan, assaulted the nurse again near the nursing station, and a second employee tried to stop the attack. The Toronto Police Service charged and later convicted the patient for the assault, which left both workers with physical and psychological injuries. The mental-health centre pleaded guilty to failure to develop, establish and implement measures to protect nightshift employees from violent patients.

ORDERS ISSUED OVER FALL FROM ROOF WINDSOR — A incident involving a worker who fell while doing roofing work at a GoodLife Fitness location in Windsor, Ontario has prompted the provincial labour ministry to issue several orders to the victim’s employer. Rauth Roofing Limited was performing flat roofing work at the fitness centre’s two-storey location on July 15 when a worker fell through an opening in the roof down to the floor below, according to Ministry spokesperson William Lin. “Emergency services were contacted, and the worker was transported to hospital,” Lin says. The Ministry, which was notified of the incident that day, issued five orders and two requirements to the company. “The orders issued were pertaining to adequate installation of a floor cover, adequate installation of a section of guardrails, securing top and bottom of an access ladder, the installation of bump lines and the selection of a health and safety representative for the project,” Lin reports. In addition to these orders, the Ministry issued two requirement orders for holding a portion of the incident scene and for some documentation. “It is my understanding that the requirement to hold the scene has been complied with,” Lin adds. “Our investigation is now ongoing.”

LETTER VOICES NUCLEAR-SAFETY CONCERNS OTTAWA — An anonymous letter alleging safety concerns in Canada’s nuclear-energy sector has sparked an investigation by the Canadian Nuclear Safety Commission (CNSC). The letter charges that the Commission and other authorities cannot make informed licencing decisions due to withheld information. The letter, purportedly from “a group of specialists at the CNSC,” is addressed to Commission president Michael Binder. Copies were also sent to two CNSC commissioners, as well J U LY / A U G U S T 2 0 1 6

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as Greenpeace Canada senior energy analyst Shawn-Patrick Stensil and Canadian Environmental Law Association executive director Theresa McClenaghan. “We are writing anonymously because our opinions will not be well received by management at the CNSC and we are not confident in whistleblower protection,” reads the letter. The group offered five cases in which important information about risk or noncompliance was overlooked or withheld. For example, Ontario Power Generation (OPG) granted a one-year licence for the Darlington Nuclear Generating Station (DNGS), east of Toronto, in 2014 on the condition that the former would update the risk assessment on the station’s refurbishment. The following year, DNGS received a long-term licence even though not all the components of the assessment had been submitted. In addition, CNSC staff did not inform commissioners that required safety assessments at the Bruce Power plant on Lake Huron had not been completed on time at a licencing hearing, nor that technical experts from Natural Resources Canada had found that OPG had underestimated the seismic hazard at DNGS by a factor of two. And an evaluation of DNGS’ evacuation procedures in the event of a Fukushima-sized crisis has not been provided to CNSC commissioners or to the public. “CNSC commissioners do not receive sufficient information to make balanced judgements,” say the authors, who offer nine suggestions to address these issues, involving safety reviews and assessments by the CNSC, OPG and plant operators. The CNSC says that it has begun an “analysis” of the letter’s concerns and that senior management will review and discuss the results. “The CNSC diligently looks into and follows up on any concerns, signed or unsigned, raised by staff, as well as licensees, stakeholders or members of the public in various ways,” the Commission says, adding that the organization fosters a working environment that encourages staff to communicate their best professional judgements. “This sometimes results in differences of professional opinion.” The CNSC also calls it “unfortunate” that the letter authors chose to remain

anonymous and “did not take advantage of the many mechanisms available to express their concerns.” On July 19, Ontario NDP Energy, Environment and Climate Change Critic Peter Tabuns issued a statement demanding that Premier Kathleen Wynne conduct an independent review, which “should be completed by experts with no connection to Ontario’s nuclear industry,” Tabuns says. “These are major concerns which cannot be ignored. When it comes to Ontario’s nuclear reactors, we can never be too careful.”

REPORT SLAMS SYSTEM TORONTO — Frontline workers in the Ontario Disability Support Program (ODSP) and Ontario Works are dealing with a “toxic” workplace full of stress and other health risks, says a scathing new report on the Social Assistance Management System (SAMS) that has been in effect for the past 20 months. The report was authored by Dr. Wayne Lewchuk, a professor of labour studies and economics at McMaster University in Hamilton. Published online on July 20, Dr. Lewchuk’s study charges that SAMS — a computer system that the provincial government launched on November 1, 2014 — is a deeply flawed system with frequent malfunctions that are causing thousands of social-assistance recipients to miss their payments, resulting in what he calls a “health and safety disaster” for ODSP employees. “Heavy workloads, error-plagued software and the inability to realize a vision of work that had been promised all combined to create a toxic environment,” writes Dr. Lewchuk in the report. “Workers at ODSP continue to be exposed to elevated levels of workplace stress, job strain and effort-reward imbalance.” Dr. Lewchuk’s study included an online survey of 524 workers, more than 80 per cent of whom were caseworkers and nearly 10 per cent of whom were program support clerks. More than 95 per cent of caseworkers felt that SAMS had made their jobs harder, while only 16 per cent of them believed that their office had good working conditions. The numbers for program support clerks in

the same categories were 88.6 and 17 per cent respectively. The majority of both types of workers reported that their jobs were causing sleep problems, while more than half said that work was causing headaches for them. More than 90 per cent of caseworkers and program support clerks reported that they were exhausted after work at least half the time. Dr. Lewchuk concludes that over the long run, stress and tension make an office environment “as toxic a workplace as an industrial establishment or a construction site.” The Ontario Public Service Employees Union (OPSEU), which has objected to SAMS since before the system’s 2014 launch, commissioned the report. “Dr. Lewchuk has shone a light on the health cost our members are paying due to the Ministry’s decision to implement a flawed system,” Dylan Lineger, OPSEU’s co-chair of the committee for employee relations at the Ministry of Community and Social Services, says in a statement.

NEW REGULATIONS ADOPTED OTTAWA — The federal government has announced a new set of oh&s regulations to align Canada’s hazardous-material practices with the Globally Harmonized System of Classification and Labelling of Chemicals (GHS). Announced on June 30 by Employment and Social Development Canada (ESDC), the new rules amend the federal Canada Labour Code as part of the nation’s implementation of the GHS, which replaces the former Workplace Hazardous Materials Information System (WHMIS) for identifying and classifying dangerous chemicals. The changes were published in Part II of the Canada Gazette on June 29. “These new amendments will better protect workers from hazardous products and improve their overall safety,” MaryAnn Mihychuk, federal Minister of Employment, Workforce Development and Labour, says in a statement. According to a June 30 news release from ESDC, the amendments affect five regulations under the Code: the Canada Occupational Health and Safety Regula-

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tions, the Maritime Occupational Health and Safety Regulations, the Aviation Occupational Health and Safety Regulations, the On Board Trains Occupational Health and Safety Regulations and the Oil and Gas Occupational Safety and Health Regulations. In addition, the federal government is working with provincial and territorial governments that are changing their own legislation to ensure consistency.

FATAL EXPOSURE YIELDS FINE TORONTO — A property-maintenance firm was fined $75,000 over a two-yearold incident in which an employee was killed and five others endangered by exposure to carbon monoxide (CO). According to a court bulletin from the Ontario Ministry of Labour dated July 13, the incident took place at a condominium in the eastern Toronto borough of Scarborough, where six employees of Ground Maintenance Cleaning Contractors Inc. had been assigned to clean an underground parking garage on May 28, 2014. During the task, the garage’s internal exhaust fans stopped operating, but the workers carried on, using gasolinepowered washers that were emitting CO gas. One of the employees collapsed on a sidewalk outside the building after-

wards and was later pronounced dead. Ministry investigators determined that the company had not provided formal training on CO hazards or protection measures to the workers.

CITY LOBBIES FOR ENFORCEMENT OTTAWA — The Ottawa City Council has voted unanimously to petition the Ontario Labour Minister and Attorney General to push for criminal investigations and convictions regarding occupational fatalities and serious workplace injuries, in accordance with 2004 amendments to the Criminal Code of Canada known as the Westray Law. The Council’s agenda for June 8 included a motion to lobby for better cooperation between oh&s authorities, police and Crown Attorneys in applying the Westray Law to all relevant cases. The motion was moved by Ottawa mayor Jim Watson and seconded by Councillor Riley Brockington. The motion was granted “with a view to ensuring that the spirit and intent of the Westray Amendments are properly considered and applied in all cases of workplace fatalities and serious injuries,” the agenda reads. “Despite these legislative changes, according to the most recent statistics compiled by the Association of Work-

ers’ Compensation Boards of Canada, 919 workers across Canada died in 2014 as a result of workplace accidents or illnesses, and this rate of workplace death and injury has not abated since,” the agenda notes. “It was not until June 2015 that the first conviction under the Westray Amendments was obtained in the Province of Ontario.” The United Steelworkers (USW) of Canada, which has lobbied for compliance with the Westray Law, welcomes the City of Ottawa’s decision. “Attorneys General must direct law enforcement and prosecutors to stop the killing by enforcing the law and thereby making employers understand that killing workers must never be a cost of doing of business in Canada,” says Marty Warren, the director of USW District 6 (Ontario and the Atlantic provinces).

FIRM PENALIZED FOR INJURY KITCHENER — A cracker company was fined $110,000 on June 14 over an incident in which an employee was injured by an incline conveyor system more than one year ago. A court bulletin from the Ontario Ministry of Labour states that a worker with BFG Canada Ltd. in Kitchener was instructed to troubleshoot and repair the conveyor system on December 5, 2014,

PROVINCE OPENS OPERATIONAL STRESS INJURY CLINIC DARTMOUTH — War veterans and traumatized former RCMP officers in Nova Scotia can now get full treatment for operational stress injuries (OSI) without having to leave the province or use a telecommunications service, with the opening of a new OSI clinic in Dartmouth on June 13. Federal Veteran Affairs Minister Kent Hehr attended the official opening of the Nova Scotia Operational Stress Injury Clinic, along with Lindsay Peach, the Nova Scotia Health Authority’s (NSHA) vice president of integrated health, according to an announcement from Veterans Affairs Canada (VAC). The clinic, which VAC funds and co-runs with the NSHA, offers complete assessment, diagnosis and treatment of OSIs for current and former members of the Canadian Armed Forces and the RCMP, as well as their families. “Living with an OSI can be extremely difficult, not only for those who have it, but for their loved ones as well,” Hehr says in a statement. “This new clinic will make a real differ-

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ence in the lives of those who receive treatment here.” The clinic is the first of its kind in the province. There are 10 other OSI clinics across the country in Ottawa, Vancouver, Calgary, Quebec City and other major municipalities, according to information from VAC. Each of these clinics employs a team of psychiatrists, psychologists, social workers and mental-health nurses who specialize in the treatment of OSIs, which refers to any chronic psychological illness resulting from traumas experienced during military or police services, such as anxiety disorders and depression. A temporary OSI clinic opened in Nova Scotia last November. Before that, OSI sufferers in the province could receive access to treatment only via a satellite clinic or telehealth services. In addition to the OSI clinics, VAC and the Department of National Defence also run a network of 26 specialized mental-health clinics. — By Jeff Cottrill

as the powered roller in the equipment had been slipping. As the machine was running, the employee tried to tear off a piece of grip tape that was sticking out from the roller, but the machine pulled the worker’s hand into the pinch point. Emergency services freed the employee from the machinery and sent the employee to the hospital for treatment of serious injuries. The company pleaded guilty to failing to ensure that a protective guard was in place on the conveyor.

FIREFIGHTER KILLED IN BLAZE AMHERSTVIEW — Ontario’s first on-thejob firefighter fatality since 2011 took place in a community west of Kingston on July 16, when 45-year-old Patrick Pidgeon died while fighting a fire at an apartment complex in Amherstview. The Odessa-based Loyalist Township Emergency Services, which employed Pidgeon, announced the tragedy on Twitter that day. The Ontario Provincial Police’s Napanee detachment reports that the firefighter was seriously injured at the scene of the fire before passing away. The Ontario Association of Fire Chiefs offered condolences in a statement, as did Ottawa fire chief Gerry Pingatore on his Twitter account. Although the fire was contained to one unit, about 80 apartments in the building remained evacuated after the incident, photojournalist Andrew Collins reported on social media.

POWER COMPANY SENTENCED WHITBY — The Ontario Court of Justice in Whitby has sentenced Enerquest Services Inc. to pay a $110,000 fine on June 7, following the death of a worker by electrocution on December 13, 2013. The fatality took place at a solar-farm construction site for which the company had been contracted to provide electrical equipment in Sunderland, according to the Ontario Ministry of Labour. An Enerquest employee was on the worksite installing a door interlock and received a fatal shock from a transformer. An investigation found that both of the employees had been working near exposed electrical equipment, installa-

tions and conductors to which the power supply had not been disconnected, locked and tagged out. The company was found guilty of failing to establish written procedures to protect workers adequately from electrocution and to make copies of the procedures available to all workers.

PIT BULLS ATTACK MAIL CARRIER LAVAL — A postal carrier was hospitalized on July 11 after two pit bull terriers attacked him while he was on his mail route in Laval, Quebec. According to police spokesperson Evelyn Boudreau with Le Service de police de Laval (SPL), the mail carrier, who is in his 50s, approached a house with an open door on his route when the two dogs ran outside and bit him repeatedly. Paul Vincelette, director of health and safety for Metropolitan Montreal with the Canadian Union of Postal Workers, says the carrier had initially called to the owner of the home from the driveway, asking for the dogs to be held back. But the two dogs came out of the home and barked at the letter carrier. One dog tried to bite the worker on the leg, while the other tried to bite the mail carrier’s neck. The carrier received 14 bites on the arm. A neighbour tried to stop the attack but she went back into her house when the dogs came after her. The postal worker then jumped into his car away from the animals. Police wrote four tickets for the dogs’

owner, totalling close to $700, for breaking Laval municipal bylaws. Le ministère de l’Agriculture, des Pêcheries et de l’Alimentation du Québec, the provincial ministry for agriculture and fisheries, is required to investigate the incident, and charges of criminal negligence are still possible. SPL investigators obtained a warrant and seized the two dogs on the evening following the incident. According to Vincelette, about 500 mail carriers in Canada are bitten by dogs while on the job every year.

DEADLY FALL UNDER PROBE BEDFORD — The Halifax Regional Police and the Nova Scotia Department of Labour are investigating a workplace fatality that occurred at a construction site in Bedford on June 9, when a man fell to his death from a ladder. Police and emergency services responded to reports of a workplace incident at about 3:15 p.m. that day. Paramedics pronounced the victim deceased as investigators from the Department and the HRP’s Forensic Identification Section examined the scene of the incident. Follow us on Twitter @OHSCanada Many of the preceding items are based on stories from our sister publication, canadian

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a weekly e-newsletter that provides detailed coverage of Canadian oh&s and workers’ compensation issues. For more information, please call (416) 442-2122 or toll-free (800) 668-2374.

So, what’s on your mind? Ever wonder what other oh&s types are thinking about? Find out by making our website poll at www.ohscanada.com a regular stop.

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DISPATCHES Talk-and-drive not safe even with hands-free devices By Jean Lian

et another study has confirmed that driving while talking on a hands-free phone can be as distracting as talking on a hand-held mobile, say psychologists at the University of Sussex in England. The study found that drivers having conversations that sparked their visual imagination detected fewer road hazards than those who did not. They also focused on a smaller area of the road ahead of them and failed to see hazards, even when they looked directly at them. Conversations may use more of the brain’s visual processing resources than previously understood, as it requires visual imagination that creates competition for the brain’s processing capacity, resulting in drivers missing road hazards that they might otherwise spot. “Clearly, this research isn’t a green light to use hand-held mobile phones while driving,” Dr. Graham Hole, senior lecturer in psychology at the University of Sussex, says in a statement dated July 1. “Our study adds to a mounting body of research showing that both hand-held and hands-free phones are dangerously distracting for drivers. The only ‘safe’ phone in a car is one that is switched off.” The study also found that distracted drivers suffered from “visual tunnelling” by focusing their eyes on a small central region directly ahead of them, causing them to miss hazards in their peripheral vision. On the other hand, the eye movements of undistracted participants ranged over a wider area. The researchers conducted two experiments in which participants performed a video-based hazard-detection task. In the first experiment, participants were either focused or distracted by listening to sentences and deciding whether they were true or false. For half of these distracted participants, the sentences encouraged the use of visual imagery, while the sentences for the other half did not. All of the distracted participants were slower to respond to hazards, detected fewer hazards and failed to detect a hazard even when their eyes were focused on it. These impairments were worse for the participants who were distracted by imagery-inducing statements. The researchers qualified that conversations with in-vehicle passengers pose less risk than mobile-phone conversations, as the former will usually moderate the conversation

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when road hazards arise. But someone on the other end of a phone, who is oblivious to the road’s cognitive demands on the driver, keeps on talking. “Conversations are more visual than we might expect, leading drivers to ignore parts of the outside world in favour of their inner ‘visual world’ — with concerning implications for road safety,” Dr. Hole says. Jean Lian is editor of

ohs canada.

Safety association for First Nations founded By Jeff Cottrill

irst Nations workers in Saskatchewan now have an association lobbying for their right to be safe on the job, with the official launch of the new Saskatchewan First Nation Safety Association in Fort Qu’Appelle in early July. Founded by Toby Desnomie, the non-profit association’s chief executive officer and the former head of safety-training firm TGD Training & Consulting, the association’s goal is to reduce First Nations’ workplace injuries and fatalities through education, advice, advocacy, training and management. “Our mission at the Association is to empower First Nations communities to live injury-free,” Desnomie says. “One of our priorities is to develop a public safety-awareness campaign around employers, employees, community members engaging in work, family and play activity.” Desnomie, a veteran of the oh&s field who has also worked with First Nations communities for 20 years, was inspired to create the association by his previous work as a trainer for National Safety Construction Officers, during which he observed the lack of protections for First Nations by the Saskatchewan Workers’ Compensation Board (WCB). “I had noticed that there was an underdeveloped service to First Nations with respect to occupational health,” he explains, adding that First Nations in Canada are exempt from WCB codes and WCB insurance. The association is in its early stages, but it already has a nine-month engagement strategy in the works. “We are going out to every First Nation here in Saskatchewan or at their events and seeing what exactly their needs are,” Desnomie says. “We are putting this needs assessment together and then going out and talking with respected leadership, as well as administration and management staff.” Although new to Saskatchewan, Desnomie’s group is not the first such organization in Canada. The First Nations Safety Council of B.C. has similar principles and goals to the association’s in terms of developing resources and training for workplace safety. Desnomie is confident that other provinces will set up First Nations safety organizations in the future, calling occupational health and safety “an under-resourced

sector” for his people. The association is seeking affiliations with other organizations. Desnomie has already established a partnership with the Saskatchewan Construction Safety Association through his previous work with TGD. Jeff Cottrill is editor of canadian occupational health & safety news.

Canadians want more work flexibility: survey By Jean Lian

ust slightly more than half of Canadians surveyed are happy with their current work schedules. This puts the nation in the tenth spot out of 25 countries surveyed and slightly above the global average of 50 per cent, according to a June 21 statement announcing new research from recruitment company Randstad, headquartered in Amsterdam. Out of 15 job functions polled, Canadians classified as economists or consultants are the most satisfied (77.7 per cent) with their current schedules, while those working in education (45 per cent) are the least satisfied. Against their global counterparts, human-resources and recruitment officers and information-technology specialists rank fifth and sixth most satisfied respectively. “The work environment in Canada, like workplaces globally, is changing rapidly,” Marc-Étienne Julien, chief executive officer of Randstad Canada, says in the statement. “Employers looking to remain attractive in the eyes of today’s workforce need to evolve, align with changing attitudes and offer flexible workplace solutions that work for the business and its employees.” The data reveals that Canadians work 36 hours per week on average, with 30 per cent working more than 40 hours per week. Of the 7,041 employees polled, 30 per cent say they prefer variable hours, while nearly two-thirds (65 per cent) would like to work remotely at least occasionally, just above the global average of 64 per cent. Even the older generation is seeing the benefits of flexibility, with 21 per cent of employees aged 45 to 65 expressing their preference to work remotely every day. This compares with 13 per cent for workers aged 18 to 24 and 16 per cent for those aged 25 to 44. Nearly half (48 per cent) of those polled prefer flexible over standard hours, even though this might involve working longer days and shorter weeks or flexible work days every week. “The data demonstrates that, like their peers around the world, Canadians are expecting more and more flexibility from their employer,” Julien suggests. He adds that when employees feel that they can fit their work schedules into their

life, rather than the other way around, they tend to be more engaged and happy. “It is just good business.”

A boring, dirty workplace makes a brain dull By Jean Lian

job site that is both unstimulating and filthy blunts the mind — that is the finding of a new study out of Florida State University in Tallahassee, published in the June issue of the Journal of Occupational and Environmental Medicine. “There are real things in the workplace that can shape cognitive function,” Joseph Grzywacz, the study’s lead researcher and the Norejane Hendrickson Professor of Family and Child Sciences with the university, says in a statement dated June 17. He adds that both mental stimulation and hygiene influence cognitive health. The study’s conclusion that a squalid, unchallenging environment can have a long-term cognitive effect on employees is based on cognitive-function data obtained from working adults who took part in the Midlife in the United States study, a national longitudinal study of health and well-being conducted in 1995 and 1996. A follow-up on the respondents took place from 2002 to 2006. The data included 4,963 adults aged 32 to 84 from 48 contiguous states, and the sample was 47 per cent male and 53 per cent female. Grzywacz and his colleagues analyzed the data to examine individuals’ workplaces and their ability to maintain and later use the information they have learned. Their findings show that greater occupational complexity involving learning new skills and taking on new challenges led to stronger cognitive performance, particularly for women as they aged, while employees who hold jobs that exposed them to a dirty environment saw a cognitive decline. “The practical issue here is cognitive decline associated with aging,” Grzywacz says. “Designing jobs to ensure that all workers have some decision-making ability may protect cognitive function later in life, but it is also about cleaning up the workplace.” Findings from a 2010 study by researchers from the University of Toulouse in France point to a similar direction. A longitudinal study on aging, health and work assessed the cognitive efficiency of 3,237 workers aged between 32 and 62 on three occasions in 1996, 2001 and 2006 through episodic verbal memory, attention and processing speed tests. Results indicate that exposure to jobs that are mentally demanding and offer learning opportunities increases cognitive functioning and possibly attenuates age-related decline. Follow us on Twitter @OHSCanada

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SEXUAL HARASSMENT

Drawing Line the

BY JEAN LIAN

The message is unequivocal: sexual harassment in Ontario workplaces will not be tolerated, as the province introduces a bill that extends protections to employees by broadening the definition of workplace harassment and imposing additional obligations on employers to prevent and investigate such incidents.

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n September 8, Bill 132, or the Sexual Violence and Harassment Action Plan Act, which strengthens laws against sexual violence and harassment in workplaces, on campuses, in housing and through the civil-claims process, will take effect in Ontario. The bill, which received Royal Assent at the Legislative Assembly of Ontario on March 8, amends the Occupational Health and Safety Act (OHSA) by broadening the definition of workplace harassment to include sexual harassment. It also introduces a swath of new employer obligations related to developing a written program to implement a workplace-harassment policy, investigating incidents and complaints of harassment and empowering labourministry inspectors to order qualified third parties to investigate harassment complaints and provide written reports — all at the employer’s expense. “There will be an obligation on employers to take every reasonable effort to protect workers from harassment, including sexual harassment, that is not in now,” says Jeremy Warning, a partner with law firm Mathews, Dinsdale and Clark LLP in Toronto. Ground sentiments seem approving of the province’s tougher stance against harassment of all shades and hues. Antoinette Blunt, president of Ironside Consulting Services Inc. in Sault Ste. Marie, Ontario, thinks that the bill is warranted. “Any employee in an orga-

“ The ministry may well insert itself, and insert itself quite deeply, into your process or investigation of harassment complaints.” nization who feels they may be at risk, or have experienced sexual violence or harassment, needs to understand the employer will look into the situation and undertake an investigation.” Kim Stanton, legal director with Women’s Legal Education and Action Fund in Toronto, hopes that these legislative changes will prevent and ultimately help put an end to harassment at work. “Sexual harassment is a form of sex discrimination, and it is critical for women to have equal opportunity in the workplace. Sexual harassment is detrimental to that goal.” Plamen Petkov, vice president (Ontario branch) of the Canadian Federation of Independent Businesses (CFIB) in Toronto, says the organization supports the objectives that this legislation seeks to achieve, which is to reduce workplace harassment and violence.

“Those are things that have absolutely no place at the workplace and, where those occur, should be dealt immediately with,” he says. “Our focus is on how we get there, and compliance here is a big part. That is where we have a few question marks and a few concerns.” COVERING NEW GROUNDS One of the changes that Bill 132 has brought about is expanding the definition of workplace harassment to include sexual harassment, defined as “engaging in a course of vexatious comment or conduct against a worker in a workplace because of sex, sexual orientation, gender identity or gender expression, where the course of comment or conduct is known or ought reasonably to be known to be unwelcome,” or “making a sexual solicitation or advance where the person making the solicitation or advance is in a position to confer, grant or deny a benefit or advancement to the worker and the person knows or ought reasonably to know that the solicitation or advance is unwelcome.” “We are now seeing protective ground being included in the definition of workplace harassment,” Warning says. For Norm Keith, partner at law firm Fasken Martineau DuMoulin in Toronto, the introduction of Bill 132 simply means that sexual harassment will be regarded as an occupational health and safety issue from here on. A subsection has also been added to

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the Act to indicate that a reasonable action taken by an employer or supervisor relating to the management and direction of workers or the workplace is not workplace harassment. “There is already workplace-harassment legislation,” Sandra Miller, vice president of innovation and knowledge mobilization with Workplace Safety and Prevention Services in Mississauga, Ontario, says in reference to the existing Bill 168, An Act to amend the Occupational Health and Safety Act with respect to violence and harassment in the workplace, which took effect on June 15, 2010. The bill strengthened worker protections by requiring employers to have policies and programs in place to deal with occupational violence and harassment, as well as domestic violence that may occur at work. “Bill 132 adds to that legislation, particularly as an emphasis around sexual harassment,” Miller says. One additional requirement brought about by Bill 132 is that there needs to be an investigation into workplace-harassment complaints or incidents, which is not prescribed in Bill 168. That means in an employer’s action plan, “they have to be explicit about how their investigation practices are going to be, and when they have actually done an investigation they have in writing — respecting a lot of confidentiality — they have to be able to report out to the workers what is going to happen as a result of that investi 22

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gation,” Miller explains. According to Warning, one “very profound change” in how harassment is being dealt with in Ontario workplaces is the provision of a tremendous deal of oversight — if not involvement — of the Ministry of Labour in the investigative process under Bill 132. “If you look at existing obligations, I think it is fair to describe them as reactive rather than proactive,” he says, pointing out that the OHSA currently does not create specific obligations on employers to prevent harassment. “If you contrast them to what is required for workplace violence, there is no obligation to audit or assess your workplace for risks of workplace harassment, there is no obligation to prepare measures and procedures to protect workers from workplace harassment and there is no right to refuse work under the basis of workplace harassment.” As well, the provincial labour ministry currently does not investigate the merits of a harassment complaint. With the new legislation, employers will have to consult the joint health and safety committee when developing and maintaining a written program to implement a workplace-harassment policy. This written program, which has to be reviewed at least annually, should include the following: • Provide measures and procedures for workers to report incidents of harassment to a person other than the em-

ployer or supervisor, if the employer or supervisor is the alleged harasser; • Set out how incidents or complaints of workplace harassment will be investigated and dealt with; • Establish how the information obtained about an incident or complaint will not be disclosed unless the disclosure is necessary for the purposes of investigating or taking corrective action with respect to the incident or complaint, or is otherwise required by law; and • Indicate how a worker who claims to have experienced workplace harassment and the alleged harasser, if he or she is a worker of the employer, will be informed of the results of the investigation and of any corrective action that has been or will be taken. SMALL SHOULDERS, BIG BURDEN Among the new provisions stipulated in Bill 132, the two clauses that ignite the most concerns relate to the requirement that employers must investigate harassment complaints and incidents in a manner that is appropriate in the circumstances and that provincial labourministry inspectors have the authority to compel an employer to engage an impartial and qualified third party to conduct an investigation and produce a written report paid for by the employer. “The ministry may well insert itself, and insert itself quite deeply, into your process or investigation of harassment complaints,” Warning cautions. “The ministry terms that if any of that falls short, they have the power to issue an order to correct that, and they have the power to prosecute potentially for that violation.” This creates the potential for the employer to incur significant costs as a result of third-party investigations mandated by the labour ministry. Petkov of the CFIB, which represents 42,000 members in Ontario, says investigations by a third party could be, in some cases, completed in a day. “Sometimes, it is more complex, it could take months. There is absolutely no indication that there is a cap on expenses.” Employers ordered to commission third-party investigations into harassment cases will incur expenses that they are in no position to budget upfront,

Petkov adds, stressing that this will be “very tough” for small businesses. “You have a limited budget to begin with, and if extra cost is added to it, you obviously have to figure out how to find the money from somewhere else,” he says. As well, Bill 132 does not indicate who that “impartial person possessing such knowledge, experience or qualifications” capable of conducting thirdparty investigations might be. According to Blunt, who has been involved in workplace investigations over the past few years, an investigation is an intensive and consuming process. “You have to understand how to undertake the interview process, how to find the evidence, how to question both individuals who feel they have been victimized or people who are alleged to be harassers, as well as potential witnesses. So there is quite a bit of skill involved in undertaking that process.” Blunt thinks it is critical that the provincial labour ministry provide a list of people or consultants who are qualified to conduct these investigations. Some guidelines on the circumstances that could create a situation in which an inspector would order a third-party

“ Whatever they are doing right now, they have to do more in terms of meeting the requirements of this bill.” investigation would also be helpful to employers, she adds. Keith suggests that Bill 132 could open the door to more litigation. “Employers may be open to liability from faulty investigations, for example, not investigating thoroughly and not following requirements set out in the OHSA.” To prevent that situation from arising, he advises employers to ensure that their internally appointed investigators are capable of conducting an independent investigation in a thorough, timely, discreet and sensitive manner and that they should be trained in harassmentinvestigation techniques. “The investi-

gator must also be impartial and unbiased,” Keith adds. Documentation of the investigative process will also become more important. “Bill 132 has the potential to open up a significant amount of litigation simply over the investigation process,” Warning suggests. “You will have to think about proof that you have conducted an investigation that is appropriate in the circumstances.” LIMITS OF CONFIDENTIALITY One area in the bill that presents ambiguity is the requirement that employers communicate the results of an investigation and the corrective actions taken against the perpetrator. “How much do you have to disclose?” asks Cheryl Edwards, partner at Mathews, Dinsdale and Clark LLP in Toronto. “Is it enough to say, ‘We are done, we completed the investigation on such a day,’ or is more going to be required?” Striking a balance between keeping the involved parties informed of the investigation results and the corrective actions taken without compromising confidentiality presents a challenge. “This isn’t just a health and safety is-

CLOUD ON THE HORIZON An employer’s response to a workplace-harassment complaint will be among the elements considered in adjudication, as shown in the decision Chuvalo v. Toronto Police Services Board 2010. After a five-year, disability-related absence following a car accident, Ivania Chuvalo returned to work as a probationary constable with the Toronto Police Services Board (TPSB) in a modified position at the headquarters in early 2007. Chuvalo, a Latin-American woman from El Salvador, claimed that a sergeant with the TPSB and one of her supervisors harassed her on the basis of sex, colour, ancestry, place of origin and ethnic origin and engaged in a sexual solicitation in the months that followed her return to work. She also alleged that she was subject to reprisal for making an internal complaint. In a decision dated October 6, 2010, adjudicator Naomi Overend with the Ontario Human Rights Tribunal concluded that Chuvalo had been subject to sexual harassment and reprisal during her tenure with the TPSB in 2007 and 2008 and ordered the TPSB to pay $20,000 as compensation for injury to Chuvalo’s dignity, feelings and self-respect. As well, the TPSB was ordered to retain the services of an external human-rights expert and develop training material for the investigation of harassment, discrimination and reprisal complaints by the Professional Standards

Unit (PSU). The investigative personnel within that unit also had to be trained on the material. One of the issues the decision considered was whether the TPSB’s response to Chuvalo’s complaint had been adequate. While it noted that the TPSB “initially reacted swiftly and with sensitivity” to her complaints, there were problems with the investigation conducted by the PSU. The investigator assigned to look into the matters testified that he had not investigated an allegation of sexual harassment before and appeared not to have been given any special training in such matters. As a result, he recommended that the matter should not proceed to a disciplinary proceeding, since the lack of “independent evidence” meant that the applicant’s allegations could not be substantiated. “The issue before me is not whether, at the end of the day, the applicant’s harassment complaint… ought to have been forwarded to a disciplinary proceeding, but whether the investigation into those complaints was flawed,” the decision stated. “The officer who conducted the investigation had little understanding of the issues of harassment as was evident in his failure to recognize critical evidence and his insistence on the need for corroborating evidence. This faulty analytical framework placed an unnecessary burden on the applicant when she attempted to have the [TPSB] deal with her complaint of harassment.” www.ohscanada.com

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titled to consider all of the hospital’s actions in that respect. As well, the arbitrator determined that the hospital had retained the lawyer as an independent investigator, rather than as a solicitor. “I see no reason to attach solicitor and client privilege to a relationship which is not that of a solicitor-client, just because one of the parties happens to be a lawyer,” the decision concludes.

sue; this is going to land squarely in the human-resources department of the organization,” Edwards suggests. Keith clarifies that the expectation would be for employers to share information about the complaint only with people who need to know about it. “For example, the person the complaint is against will need to know about the particulars of the complaint to respond to it. Witnesses will need some information about the incidents they are said to have been involved in or allegations they have knowledge of. Investigators, mediators, advisors and any other persons involved with the complaints process should protect confidentiality and privacy and maintain the security of all documents related to complaints, including contents of meetings, interviews and investigation reports.” Keith cautions against assuming that privilege will always apply to investigation reports and communications between a lawyer and the client. A case in point is North Bay General Hospital v. Ontario Nurse’s Association 2011, in which the hospital engaged a solicitor to investigate a workplace-harassment complaint. When the lawyer found evidence to support the complaint, the employer took disciplinary action against the harassing employee, who 24

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“ The standards prescribed by the bill are not higher; they have simply been rendered more specific.” launched a grievance, claiming that the discipline was unjust and retaliation for the employee’s past union involvement. The union representing the disciplined employee requested that the hospital make the report and communications relating to the investigation available to the union — a request that the hospital promptly rejected, citing solicitor and client privilege. The matter was referred to arbitration, which ruled in the union’s favour. The decision regarded the investigation report and the related communications requested by the union relevant in light of the fact that the union alleged that the hospital’s disciplinary action was motivated by the grievor’s past union involvement. As such, the union is en-

CLEARING THE AIR As the new bill looms on the horizon, just how ready are employers in meeting a higher threshold? For Petkov, the silence from its members is telling. “We haven’t received calls on this just yet. It is a brand new legislation; it just passed a couple of months ago,” he says. “But to me, this indicates that the vast majority of employers — not just small but also medium-sized or large employers perhaps — are not quite aware of what this legislation will mean to their businesses.” Petkov says he hopes that the provincial government will communicate this bill more broadly and outline clearly what the government’s expectations are of employers across the province. “Afterwards, every employer needs to sit down and figure out how this applies in their individual context in the business environment and develop policies and procedures that need to be in place before September.” Small businesses are usually most affected by any legislation, “and I don’t think this one will be an exception,” Petkov adds. Unlike larger companies that have more resources, such as a human-resources department or a group of people tasked to look into such issues and what needs to be done to stay compliant, “our constituents are small-business community,” he notes. “It is also very important to be clear and transparent on how to get there if this legislation is going to succeed.” But Miller does not think that the bill imposes a burden on employers, big and small alike. “I think it adds clarity to the legislation, so they know exactly what is expected of them under the law.” Clarity will become a big part of businesses’ written programs on preventing

workplace harassment, in view that the changes brought about by Bill 132 relate primarily to an employer’s workplaceharassment program, specifically their protocols for investigating complaints and incidents. “Employers should review their harassment-prevention programs to ensure they will be meeting the new provisions,” Keith advises. He adds that it is not sufficient to state that incidents will be investigated or that information will be kept confidential. “Your program now needs to state how these things are going to happen. Exactly how will you keep information confidential? What is your documented process for investigating?” Keith also recommends that employers provide training to anyone whom they expect to conduct investigations. “Employers may be held vicariously liable for errors made by investigators.” He cites the 2010 Chuvalo v. Toronto Police Services Board decision by the Human Rights Tribunal of Ontario, a case that centred around a sexual-harassment complaint lodged by a constable, who was awarded $20,000 for suffering harassment at work and being subject to reprisal for making an internal complaint with the Board. The adequacy of the employer’s response to the complaint and the employer’s appointment of an investigator who was not sufficiently trained in handling such matters were cited in the decision as factors that “placed an unnecessary burden” on the plaintiff. Warning advises employers to review their anti-discrimination policies to confirm that they address sexual harassment. They should also identify existing caps and determine what changes need to be made, assign someone or a group of people responsible for implementing those changes and ensure that there is a process for consulting the joint health and safety committee prior to September 8. Obtaining any resources that are published by the Ontario government and watching for the Code of Practice for harassment prevention or complaints under the OHSA also help. According to Miller, the Ontario Ministry of Labour is developing a Code of Practice outlining what is expected

of employers with respect to Bill 132. “They are indicating that the guideline will be available in August.” In addition to reviewing existing workplace-harassment policy, communication through the rank and file is key. “It is very important to talk to everyone in the organization, all of the managers as well as the employees about the change and the fact that you will have policies and procedures to support this and do some training upfront, so people are aware of it and understand it,” Blunt says. Asking questions can be a good start to identify where the gaps are. “What kind of training have you provided to your manager and staff? Do you have requirements for people to behave appropriately in the workplace, to treat everybody with dignity and respect?” Blunt asks. “So get yourself into a very proactive mode to try and ensure that your workplace is free from any kind of discrimination or bias by teaching people these things, providing programs, training and ongoing support to managers and employees on an ongoing basis, so you don’t find yourself in this situation.” ON THE HORIZON Bill 132 may not be the be-all-and-endall of new amendments to the OHSA. Employers should be prepared for Bill 177, Domestic and Sexual Violence Workplace Leave, Accommodation and Training Act, 2016, which received its second reading on March 10 — two days after Bill 132 received Royal Assent. If passed, Bill 177 will amend the Employment Standards Act to insert a

new provision that will require an employer to consider changing the hours and work location if an employee is a victim of domestic or sexual abuse. According to Warning, it could open the door for Ministry of Labour inspectors to look in and determine that there may be a reasonable precaution for a general duty clause for the employer to change the hours or location of work as means of protecting an employee’s health and safety. For Blunt, Bill 132 provides assurance to employees that if they have valid workplace-harassment complaints, companies are legally obligated to look into them. “My employers simply can’t brush it aside. So it does put more parameters around the legislation and becomes more restrictive for employers.” One thing is certain: Bill 132 will require employers to be more proactive in developing training programs and implementing policies and specific practices to prevent and address workplace harassment. “Whatever they are doing right now, they have to do more in terms of meeting the requirements of this bill,” Petkov says. For Stanton, the standards prescribed by the bill are not higher; they have simply been rendered more specific. “Previously, there was inconsistency as to whether or not employers needed to inform the parties about the results of an investigation. Now, the revisions make it clear that employers need to inform the worker and the alleged harasser of the results of the investigation and the corrective action in writing.” Jean Lian is editor of

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DIVERSITY

Lost in Translation BY JEFF COTTRILL

In 2016, Canadian workplaces are more diverse and inclusive than they have ever been. Race, gender, gender identity, age and physical ability are better balanced among the workforce, while many employers have diversity policies to make hiring practices fairer. But does this egalitarianism present challenges to workplace safety?

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few years ago, Michael Bach was on a visit to China when he noticed something that threw a light on the differences in workplace safety standards among various cultures. Bach, who is the chief executive officer of the Canadian Centre for Diversity and Inclusion in Toronto, observed that construction workers at heights were taking risks that would have been unthinkable back home. “What they call scaffolding, I call shoots of bamboo,” Bach says. “And this is just a difference in cultural norms. Bamboo’s a very strong fabric, but it is not steel.” To Bach, the workers’ oblivion to the vulnerability of their scaffolding speaks to the radically different assumptions and laws about occupational safety that exist among different cultures. “You can’t assume that a person that you have hired from China has the same understanding, the same expectations, around safety norms.” And when a workforce is a mixed bag of nuts comprising people from various cultural backgrounds, as is often the case these days, it creates a stew of perspectives and experiences that may clash with the employer’s notions of health and safety — notions that the employer might unwittingly regard as being universal. Diversity does not just mean ethnicity and culture; it also refers to gender, sexual orientation, age, religion, physical disability, level of education and other characteristics. According to the annual Canada’s Best Diversity Employers list sponsored by The Globe and Mail, the country’s most diverse organizations range from municipalities such as Toronto, Ottawa, Vancouver, Saskatoon and Edmonton, and other government bodies, to law firms, universities, banks, hospitals and manufacturing companies. As all employees of contemporary Canadian workplaces have a right to a safe work environment, safety standards need to be planned, adapted and communicated in ways that reach every one of these groups and bridge any existing gaps.

“When we are talking about diversity, we are talking about a wide range of characteristics on which people might differ,” says Sonia Kang, an assistant professor of organizational behaviour and human-resource management with the Department of Management at the University of Toronto’s Mississauga campus. “Because people are so unique, the way that they process information is going to be very unique as well.” That is why employers need to keep those differences in mind when they create and communicate policy about health and safety, she adds. COMMUNICATION BREAKDOWN According to James Donato, owner of Toronto training firm Workplace Law Consulting, diversity can play a huge role in workplace-safety training, especially when it comes to workers with varying levels of proficiency in the English language. Regardless of whether it means having a translator in the class to assist or presenting class materials in different languages, trainers often have to adapt to make sure that everybody at the firm gets the message. Workplace Law Consulting runs a diversity workshop in the Greater Toronto Area in addition to safety training, and Donato has encountered many cases in which supervisors fail to see the need to communicate effectively when faced with language barriers. “We see that a lot in training,” he says, “where a supervisor made a comment, ‘Well, I tried to explain safety rules, but they don’t understand you. And we speak English in Ontario, so it is their problem.’ That is not acceptable at all.” Such a situation needs to be corrected by the employer, who has a legal and moral responsibility for all workers’ safety and has hired the supervisor to clarify safety hazards and rules clearly to everyone. “Supervisors can’t just be put into that role without leadership training, diversity training, understanding —

“ What they call scaffolding, I call shoots of bamboo.”

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and, of course, health and safety law,” Donato adds. There are tools available to get around language barriers in workplaces. Sherri Stevens, an award-winning entrepreneur and the chief executive officer of the Toronto-based Canadian Board Diversity Council, suggests options such as having work instructions and safety posters translated into multiple languages or having interpreters available on the worksite if possible. “Providing English as a Second Language is a very popular step as well,” says Stevens, referring to ESL classes. Most small or medium-sized companies may not have the budget to hire translators or send employees to classes, but other resources are easily available from the federal government, according to Plamen Petkov, the Toronto-based vice president of business resources with the Canadian Federation of Independent Business. “One of the requirements for a business owner is to display the Employment Standards Act poster at a very visible place in the workplace and to provide a copy to every employee,” Petkov says.

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Even the bestwritten and -translated material can sometimes fail to get its message across if it subtly excludes certain workers. “Not too many business owners know that they can obtain that poster from the government in different languages.” The government has already translated the Employment Standards Act poster, which was already available in English and French, into multiple languages. Stevens points out that communication barriers do not necessarily mean language differences; they can also refer to various ways of picking up and retaining information. Baby boomers

tend to receive and process information at a speed and level different from the ways that millennials do, for example. “People learn differently. Everybody has a different learning style.” It may also help to train workers in a more hands-on style that is focused more on showing and doing than on language itself, she adds. “We have to make sure that we are giving them the training and the tools to do the job.” POLICY PERCEPTIONS There are many issues and questions that an employer should consider when undertaking risk assessments or designing safety policies for a diverse workforce. It is important to know who the audience is, what issues need to be highlighted for each group and whether the messages ought to be expressed in different ways to be understood by different audiences — whether that means translation into other languages or simply expressing the messages in a more culturally sensitive way. Michelle Krom, a senior consultant with human-resources consulting firm Salopek & Associates Ltd. in Calgary,

stresses the importance of assessing the risks for all employees when developing or reviewing oh&s procedures. “We have had clients who try to do the right thing by embracing a diverse workforce into their culture, but fail to consider what this means from a health and safety perspective,” Krom explains. “No organization is expected to anticipate every situation that could impact the health and safety of your employees. However, understanding past events and the impact on your workforce can start you asking questions.” For example, an employer should assess whether a company’s response to a natural disaster, such as the 2013 flood in Calgary or the recent Fort McMurray wildfires, would succeed in getting all employees to safety, including those with mobility issues. That consideration includes ascertaining that company policies, procedures and training meet everybody’s needs and that all workers understand them clearly. “Part of that assessment should include talking to people in those groups — for example, the person who is in a wheelchair,” Krom adds. “What chal-

lenges do they encounter from a safety perspective? Someone who has a mental disability, such as bipolar disorder — what do they need from their employer to ensure their health and safety?” It is also a good idea to consider the typical differences in physical ability among employees of different ages, sizes and genders, particularly for those in jobs requiring manual labour. According to Krom, tasks that may be hazardous to one worker may be simple and safe for another. In work environments where employee safety depends highly on personal protective equipment, employers should also take into account who is using the gear and whether it is designed to meet the needs of a diverse group of workers of different shapes and sizes. Once safety procedures and policies have been developed and adapted, it is vital to ensure that all employees understand how they work. “Having employees sign the acknowledgement sheet agreeing that they have read and understood your policies isn’t exactly covering your due diligence,” Krom cautions. “Not many

people, unless there is a specific situation that pertains to them, will read through your policy manual. This is particularly true if you have non-English-speaking workers.” According to the University of Toronto’s Kang, even the best-written and -translated safety material can sometimes fail to get its message across if it subtly excludes certain workers. “If you have workplace pamphlets that show different occupational health and safety messages, and all of the people depicted are from one particular group,” she cites by way of example, “some people are not really seeing themselves in that pamphlet.” Similarly, a manual or training session that uses jargon rather than plain, universal language that is easily understood by all employees might go over some heads. The ultimate goal is communicating the best practices in a way that is going to be understood and retained by all of the members of the population, Kang stresses. Communicating safety norms clearly to everybody is especially important in a world where the workplace safety

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culture can vary as much as the climate. Krom cites workers in third-world countries whom she observed “travelling to work in the back of pickup trucks so full that you are certain if they hit a bump, someone is going to fly out.” In some cases, migrant workers may even take on risky tasks out of fear of losing their jobs or avoid reporting hazards or incidents simply because they are unaware that these dangers and incidents are unacceptable in Canada’s workplace culture. As supervisors are often tasked with communicating safety policies, employers must train them to manage and enforce the standards, “particularly when it comes to dealing with diversity and handling situations that are not the norm,” Krom advises. “If you have got supervisors who aren’t following your safety standards, you have an accident waiting to happen.” CHECKING THE STATS One thorny question involved in ensuring safety in a diverse workforce is whether an employer should analyze 30

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injury or accident data to see if certain types of people might be more vulnerable. Although this may be borne of good intentions, it also runs the risk of being discriminatory — or may be perceived as such. “One thing that we want to avoid doing here is pinpointing one particular group and then saying, ‘Oh, it’s just women that have this problem, or just men that have this problem,’” Kang cautions. If it turns out that a certain group has higher rates of injury, that is useful information, but the next step is to figure out why and try to adjust the work environment to accommodates that particular group. “Everyone can do a good job, everyone can be safe, if the workplace is set up in such a way that is going to allow that to happen,” Kang adds. Bach agrees that the benefits of working with demographic statistics depend on the purpose of the analysis and how the employer uses it. “If you are looking for a sort of cause and effect, then it definitely is a good thing to understand if particular groups are ex-

periencing higher rates of injury.” He adds that an employer should use the information not to discourage a certain group from working at the company, but to understand which group needs a better understanding of safety practices. “You can’t make the generalization about all Chinese people,” Bach says, “because that, of course, is a massive generalization when you consider it is more than a billion people.” While Donato thinks that analyzing incident data is a good idea, he has not personally encountered a case of certain cultural groups being more prone to mishap. “I can’t make a connection,” he says. While some backgrounds may excel at different trades or tasks due to their respective skills and training, “I really don’t think you’d find concrete data suggesting that certain backgrounds have more accidents.” Stevens rejects the idea of analyzing demographic data on the grounds that it is wiser to focus on a company’s overall health and safety program. “If you have a robust health and safety program, I

think there should not be any issue as it comes to a diverse workforce.” But Prince Edward Island’s Interministerial Women’s Secretariat appears to have no problem with incident analysis by group. In 2011, the government branch developed a set of guidelines for gender and diversity consideration in policy development, and two sections address health and safety rules. In addition to advising on communication and equipment issues, the pamphlet recommends that employers ask the following questions: Are more women, men or youth injured; do the types of injuries vary between men, women and youth; and who is inclined to take safety risks and why? Although other demographic comparisons may be questionable, it is worthwhile to note that young workers may be more prone to accidents due to inexperience, a tendency to take more risks or hesitation in asking their elder colleagues whether a task is dangerous. Acknowledging this may have less to do with discrimination than with guidance from more experienced minds. ALL WORKERS ARE EQUAL So how can an employer identify a vulnerable group of workers without appearing discriminatory? “The key to this is making sure there is training in place for the supervisors so that they

The benefits of working with demographic statistics depend on the purpose of the analysis and how the employer uses it. don’t discriminate, and so that they are aware of the barriers that people might be encountering,” Stevens advises, adding that sensitivity to everyone’s differences or disabilities is a must. Kang highlights the danger of suggesting that a company has a “problem” with a specific group and using that as an excuse to avoid hiring that group or prohibiting them from performing certain job tasks. “The goal of identifying groups has to be on accommodation. So how can things be changed in order to make the workplace safer for everyone?” she says. Adapting the work environment to make things easier, such as providing accessibility for the disabled, offering multilingual reading material and making different sizes and shapes of equipment available, is the wiser way to go. In Bach’s view, blending diversity

and safety is about mutual trust more than anything else. “If you can’t have that trust, then you are putting yourself into a risky situation,” he suggests. “And that trust comes from an inclusive workplace where people can feel comfortable talking about their lives.” A utility company once asked Bach to conduct a series of training sessions with its workers, focusing on the inclusion of LGBTQ employees. “I thought it was really weird that they hired me to do this, considering the industry,” he recalls. “But what it was about was safety — being able to ensure that if you are hanging cable on a pole, you know that the person down on the ground who is responsible for your life at that point is really going to make sure that you come down safely.” For Krom, developing and maintaining health and safety standards that work for everybody is more than just a legal requirement. “It is critical to ensure all your employees are protected, including understanding the needs of your diverse workforce.” This is a challenge, and sometimes it can be a pricey one, but the long-term savings in lives and injury prevention will prove to be far higher than those in cost and time. Jeff Cottrill is editor of

canadian occupa-

tional health & safety news.

DOES SIZE MATTER? There are many ways that an employer can enforce safety standards in a diverse work environment, but the size of a company can sometimes make a difference. Plamen Petkov, the vice president of business resources at the Toronto location of the Canadian Federation of Independent Business (CFIB), says the average CFIB member has 12 employees, although some have many more. “What we know from our members is that health and safety is one of the top priorities, because small businesses value their employees the most,” he says. “If you are a small business and you have three employees and you lose one, you lose a third of your workforce that will have a very significant impact on operations.” In some cases, management works side by side with employees, so the same hazards can affect both, he adds. When a smaller business encounters language differences, disabilities or other potential barriers to safety and communication, complications are possible. Unlike a large company that is likely to have departments or processes

to help integrate employees from different backgrounds, in a smaller firm, it may be the business owner himself or herself who has to handle that task, which takes time and resources away from running the company. Petkov thinks that diversity may be more likely to influence hiring decisions in a smaller company than in a large one. For example, if a business is located in a building without an elevator, physical access is impossible for potential employees with mobility issues. It is conceivable that a larger company that owns the building might be willing to pay for an elevator installation or automatic doors for the disabled. But for small companies that lease their work spaces, “that is where they need permission from the landlord to make any physical changes to the appearance of the business, and that could get complicated.” CFIB has a team of counsellors who advises business owners on how to improve health and safety compliance, including employers who need to communicate and enforce safety standards with diverse workforces. www.ohscanada.com

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New Silica Rule Passed being the most common. Occupational exposures can occur from activities such as chipping, cutting, sawing, sandblastorkplaces south of the Canadian border now ing, drilling, grinding, sanding and crushing of concrete, have to meet more stringent requirements on brick, rock, block and stone products. Vulnerable industries occupational exposure to respirable crystalline include construction, foundries and manufacturing. The exposure risks inherent in some of these activities silica (RCS), after the Occupational Safety and Health Adbecame recognized only fairly recently, with the fabrication ministration (OSHA) in Washington, D.C. published its final of granite countertops being one example. In a study pubrule on work exposure to RCS on March 25. lished in 2012, researchers in Israel, which is one of the pioThe new rule, which comprises two standards — one neers in developing artificial stone countertops, found that for the general industry and maritime and the other for the 25 patients with silicosis who were referred to the country’s construction sector — halves the permissible exposure limit National Lung Transplantation Program shared a common (PEL) for RCS from the current 100 micrograms per cubic exposure history: all had worked with the same commercial meter (µg/m³) of air, averaged over an eight-hour shift, to brand of decorative quartz-surfacing material for 10 to 14 50 µg/m³. years and had performed similar dry-cutting of the material Other key provisions include requiring employers to use for countertop applications. engineering controls to limit worker exposure to the PEL, Most recently, 46 cases of silicosis were reported in Spain providing respirators when engineering controls cannot adamong workers cutting and installing engineered stone counequately limit exposure, limiting worker access to high expotertops with silica content of 70 to 90 per cent. These individsure areas, developing a written exposure control plan, offeruals were aged between 29 and 37 years and had worked in ing medical exams to highly exposed workers and training the industry for 9 to 17 years, according to information from workers on silica risks and how to limit exposures. the National Institute of Occupational Safety Both standards took effect on June 23, af“We were looking and Health in Washington, D.C. ter which industries have one to five years to Hydraulic fracturing, which injects tens of comply with most requirements. According at a much higher thousands of sand into a single well, is another to David O’Connor, director of the Office of relatively new avenue of exposure. Based on Chemical Hazards with OSHA’s Directorate level of risk OSHA estimates, 17,000 workers in hydrauof Standards and Guidance, the PELs that the than what was lic fracturing are exposed to RCS and nearly agency adopted shortly after its creation back 12,000 of those are exposed at levels that exceed in 1971 were outdated and many employers anticipated 40 or the current PEL. found the formulas difficult to understand. Of all the industries, workers in the con“The construction and shipyard PELs were 50 years ago.” struction sector have the highest exposure risk. actually a particle-count formula of looking “The vast majority of workers and workplaces affected by the at millions of particles per cubic foot of air and were based rule are in construction. We are looking at about 2.3 million upon a sampling method that has not been used in decades; workers who will be affected by the rule, and about 87 per cent we had to apply a conversion factor in order to use current of them are in construction, ” says O’Connor, describing the sampling technology. And we had an inconsistency: the conrule as “very construction focused. ” struction and shipyard PELs were about 2.5 times as high as the general industry formula,” O’Connor said at Safety 2016 Professional Development Conference and Exposition in At- DOUBLE STANDARDS The majority of employers in the general industry and marilanta on June 28. He adds that a lot of evidence developed over the decades time sector, with a few exceptions such as agricultural operaindicate that silicosis and other diseases could occur in work- tions and the processing of sorptive clays, are covered by the ers exposed at levels below those PELs. “So we were looking standard. The rule also contains an action level, which trigat a much higher level of risk than what was anticipated 40 or gers exposure assessment if the PEL exceeds 25 µg/m³ as an eight-hour time-weighted average (TWA). That means em50 years ago.” ployers must perform exposure assessments of any employee who may be exposed at or above the action level by using the BROAD-BASED RISK Crystalline silica, which makes up more than 13 per cent of performance option or the scheduled monitoring option. “The performance option gives employers a lot of flexibilthe earth’s crust, is a ubiquitous carbon mineral, with quartz By Jean Lian

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ohs canada

ity because it allows them to assess exposure using any combination of air-monitoring data or objective data that accurately characterizes exposures,” says Annette Iannucci, health scientist with the OSHA Directorate of Standards and Guidance. On the other hand, the scheduled monitoring option is a structured approach that prescribes a schedule for performing initial and periodic personal monitoring. If the initial monitoring finds the exposure below the action level, no additional monitoring is required. But if the results indicate that the most recent monitoring is at or above the action limit, monitoring must repeat within six months. This monitoring must be repeated within three months if the latest monitoring results show that the exposure rises above the PEL. When two consecutive non-initial results taken seven or more days apart are below the action limit, monitoring can be discontinued. Employers must also establish regulated areas in which employers could be exposed to RCS. These areas must be demarcated to limit worker entry. Anyone who enters the area must wear a respirator, including anyone who is in there long enough to exceed the PEL at a TWA basis. UNDER THE RADAR The general industry and maritime standard also prescribes the use of a hierarchy of controls to limit RCS exposure. Engineering controls to limit exposures include the wetting method and the use of a vacuum dust collector. Employers must prepare and implement a written exposure-control plan that describes the task involving exposure to RCS, the engineering controls, work practices and respiratory protection used for each task, in addition to housekeeping measures to limit exposures during cleaning. The use of respiratory protection is allowed when controls are not effective or when feasible controls are not available. Medical surveillance is required for employees who are exposed above the action level for 30 or more days a year. Employers must offer examinations every three years to workers who continue to be exposed above the trigger. Medical surveillance lets the employee know if he or she has any disease related to silica exposure. “The second reason is to determine if the employee has any condition, regardless of the cause, that might put them at increased risk from silica exposure,” Iannucci says. This might include chronic obstructive pulmonary disease (COPD) and decreased lung function as a result of COPD. “And the last important reason for requiring medical surveillance is to get information on whether the employee is fit enough to safely wear a respirator.” Following the exam, which includes medical and work history, a physical exam, chest X-ray and a pulmonary-function test, the worker will receive a report detailing medical findings, work restrictions (if any) and recommendations concerning further evaluation or treatment. The employer will receive only an opinion that describes limitations on respirator use and if the worker gives consent, recommendations on limitations on exposure to RCS and examination by a specialist. “Many of them fear that employers will retaliate or dis-

criminate against them based on those findings,” Iannucci says regarding the abridged version of workers’ medical reports that employers receive. As well, employers must train workers on health hazards, the tasks that can lead to exposure and workplace protections, as well as maintain records for air-monitoring data, objective data and medical documents. HIGH-RISK GROUP The oh&s obligations in preventing exposure to RCS are fairly extensive under the final rule. All workplace exposures to RCS are similarly covered in the construction standard, unless exposure remains below 25 µg/m³ as an eight-hour TWA under any foreseeable conditions. “The construction standard is very similar to the general industry standard, but there is one big difference — it is the specified exposure-control method,” O’Connor says. “Employers under the construction standard have the option of complying with either the specified exposure-control method or alternative exposure-control methods, which includes the PEL, exposure assessment and methods of compliance.” The construction standard comprises Table 1, which lists the common construction tasks along with exposure-control methods and work practices that work well for those tasks and can be used to comply with the standard’s requirements. Workplaces that follow the specified exposure-control method prescribed in this table do not have to comply with PELs or conduct exposure assessments for employees engaged in those tasks. “Table 1 entries cover what we believe to be the vast majority of construction tasks that involve exposure to respirable crystalline silica, the exceptions being tunnelling and abrasive blasting,” O’Connor says. Another difference between the two standards is that the construction standard has an additional requirement that the written exposure-control plan must contain a provision for restricting access when necessary to eliminate exposures. Unlike the general industry and maritime standard, there is no requirement for regulated areas in the construction standard. “So if you have workers who are required to wear respirators under the construction standard, you don’t want other employees working adjacent to them without respiratory protection,” O’Connor says. A competent person capable of identifying and addressing hazards involving RCS and who has the authority to take prompt corrective measures must also be appointed. Regarding health monitoring, the construction standard triggers medical surveillance for employees who are required to wear a respirator for 30 or more days per year, rather than the action level in the general industry and maritime standard. Once the final rule is fully realized, OSHA estimates that more than 600 deaths and in excess of 900 new silicosis cases per year will be prevented. “This is something that is going to be coming into effect over time. We are talking about diseases that are caused by chronic exposure; that is not as if they are going to disappear overnight,” O’Connor says. www.ohscanada.com

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The Dark Net

he massive leak of 11.5 million financial records from suring pretty difficult. Organizations and their stakeholders Panamanian law firm Mossack Fonseca, which has don’t really have a common measurement system to quantify exposed the financial dealings of movers and shakers threats and risks,” says Valerie Corekin, senior risk advisor stashing billions of dollars in tax havens around the world, with PSA Insurance. underscores the repercussions of cyber hacking that has Among the variables that influence the valuation of cybrought down politicians in Spain, Ukraine and Iceland. ber risk are the amount of records in a system that have been But politicians and government agencies are not the only compromised, how the damage should be assessed, whether ones targeted by hackers with a political vendetta. Compa- the affected supply chain is local or international and whethnies, big and small alike, are equally vulnerable. er a company does contract work for third parties with con“It used to be safety-risk management people will focus on fidential information. physical threats, such as slips and falls, fire sprinklers, fire and These challenges were recognized by the World Economic chemical safety,” Steven Pomponi, senior safety consultant Forum when it started an initiative to raise awareness of cywith PSA Insurance and Financial Services in Hunt Valley, ber risks and identified various methods to build a standardMaryland, said at a conference on cyber risk at Safety 2016 ized approach in 2015. “One of the things they have come up in Atlanta on June 27. “The intersection of digital threats and with was something called value at risk,” Corekin explains. physical risk is the new reality.” This technique quantifies the level of financial risk over a peCyber threat refers to any malicious attempt to damage an riod of time and allows organizations to know the key cyberorganization’s computer network, information-technology risk drivers and their dependencies between components. infrastructure and computer devices that can disrupt busiWhile having insurance to cover losses from cyber attacks ness processes and cease business operations. is an option, “cyber insurance, which is a brand “The intersection new product for a lot people, is not well underThe following are some examples: • In December 2015, hackers took control of of digital threats stood,” Corekin says, adding that most standard insurance policies are built around tangible exthe industrial control systems at three regional posures involving direct physical damage. power firms in Ukraine and caused a blackout and physical Cyber insurance encompasses first-party and for some 225,000 customers. risk is the third-party losses. The former refers to losses that • In 2014, the German Federal Office for Infordirectly affect the insured organization, while the mation Security cited an incident in which atnew reality.” latter covers liability to others when confidential tackers accessed a steel mill’s control systems information has been breached. “You should always be lookand caused massive damage. A 2011 paper on the state of cyber security and small ing at contractual risk transfer for your other operations, so businesses prepared for the United States’ House of Repre- that the person that creates the loss is ultimately responsible sentatives shows that 60 per cent of cyber attacks target small for the loss,” Corekin advises. When a cyber loss occurs, the insured needs immediate acto medium-sized businesses, many of which close within six months. A 2016 study on the cost of data breach by the cess to funds to finance loss-mitigation efforts. As such, comPonemon Institute in Traverse City, Michigan puts the aver- panies that rely on their vendors to have their own insurance to protect against cyber attacks should recognize that they will age consolidated total cost of data breach at $4 million. Apart from the lack of perimeter control and lower security have to fund the loss until the indemnifying party has been measures in small and medium-sized businesses, these com- proven legally liable — a process that can take years should panies are gateways to a bigger prize. “If you want to go for a disputes arise. Employees are the first line of defence against cyber atFortune 500 company that is heavily regulated, I am not going to go right after them,” Pomponi says. “I am going to look for tacks. Companies should train their employees to transfer confidential information through secured networks instead of the weaknesses, from the vendors and small contractors.” USB drives, as well as look at the specifics of each operation and come up with a breach response plan. NO CONSENSUS “If you wait until you have a cyber attack to line up your In spite of the oh&s risk that cyber attacks present to companies and industrial facilities, there is no consensus on what is breach response, to know [what] the forensic analysis is going the best method to identify, quantify and control cyber risk. to be, you have waited too long,” Corekin says. “There is a lot of unknowns concerning the scale and impact of cyber threats and vulnerabilities, and that makes mea- Jean Lian is editor of ohs canada. 34

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ohs canada

PRODUCT HIGHLIGHTS Some 600 exhibitors showcased their products and services on the show floor of Safety 2016 from June 26 to 28, some of which are below.

Chill-Its® 6685 Dry Evaporative Cooling Vest By Ergodyne Fill this Dry Evaporative Cooling Vest with 400 to 600 millilitres of water and enjoy immediate and long-lasting cooling for up to three days. Lightweight, durable and machine-washable, its V-neck with zip closure and mesh side panels provide additional ventilation and stretch.

X-plore® 8000 Powered AirPurifying Respirator

V22 ErgoSkeleton Lift-Assist Device By StrongArm Technologies When lifting a heavy box, activating the hand effectors of the V22 ErgoSkeleton Lift-Assist Device helps distribute the weight of the load through the cords and down into the legs’ stronger muscles, reducing arm fatigue and common lumbar compression back injuries.

By Dräger The X-plore 8000 Air-Purifying Respirator features a heavy-duty design that includes rubber protectors to guard the air-intake opening and prevent sparks or water from damaging the filter. Equipped with two rechargeable batteries to deliver power for four to eight hours, it has an advanced carrying system that ensures ideal weight distribution.

Blind Flange Lockout Device By MasterLock During pipeline maintenance, closed valves upstream could fail or residual material in the line may not be fully drained, creating the potential for downstream workers to be exposed to chemicals, flammable gases, oil, steam and other risks. The Blind Flange Lockout Device provides a physical barrier to help prevent the unintentional removal of a blind until all maintenance has been completed and each worker has removed the personal safety padlock.

Expanded Resilience® Line of Flame-Resistant Fabrics By Mount Vernon FR Mount Vernon has launched three new additions — Arapaho R, Hopi N2X and Navajo N2X — to its Resilience® line of flame-resistant (FR) fabrics designed to deliver higher abrasion resistance. Arapaho R is a 7.5-ounce cotton, nylon and Kevlar blend, while Hopi N2X is an 8.5-ounce basket weave for maximum tear strength, making it ideal for industries that want lightweight, durable FR clothing with exceptional wear life. Navajo N2X is a heavier version weighing 9.5 ounces, designed for FR bib overalls or outerwear.

ABSORBICA-Y international version By Petzl This double lanyard with integrated compact energy absorber is designed for continuous protection when passing intermediate anchor points. Available in 80- or 150-centimetre versions without connectors, the 150-cm version has elasticated arms to avoid hindering progression. Its durable zippered fabric pouch protects the energy absorber from abrasion or contaminants, while allowing for regular inspection of the absorber.

HYFLEX® 11-925 By Ansell This is the first ultra-lightweight HyFlex® style to combine a ¾ dip geometry, oil repellence and oil grip into a highly dexterous and high-comfort glove. The HyFlex® 11-925 features Ansell’s proprietary grip technology, providing reduced risk of slippage in dynamic environments. The liner is constructed with fine gauge nylon or spandex yarn, providing the user with an unrestricted second-skin feel. Suited for light-part sorting and inspection, loading and downloading parts on and off the line and assembly of oily components. www.ohscanada.com

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SAFETY GEAR

FIRST AID

First on the Scene Class II devices refer to surgically invasive devices such as arterial or urethral catheters, dentures, contact lenses, home njury prevention is important in every workplace, but pregnancy tests, autologous blood reinfusion bags and sybeing prepared also means being able to respond to an ringe needles, while Class III devices include surgically ininjury or medical emergency quickly and effectively. For vasive devices that are absorbed or remain in the body for at a start, the need to provide some level of workplace first aid least 30 days, like an implantable coronary stent, mammograis mandated by provincial requirements, which are specific to phy X-ray systems or prostate-specific antigen tests. “When you are dealing with somebody that has a medicaleach jurisdiction. device licence like we do, we go through a very stringent re“They have to ensure they meet the legal provincial requirement and audit that are conducted by Health Canada,” quirement,” according to Claudio Dente, president of Dentec Dente explains. Health Canada officers come onto the site to Safety Specialists in Newmarket, Ontario. “You also have to check a company’s quality-control program, go through the have a competent, trained person that has a certain level of standard operating procedures and review inventory and refirst-aid experience.” ceipts of goods to ensure that the products are The first-aid equipment and training required compliant with Health Canada’s Class I, II, III depends on the number of employees, the types “Often with firstand IV designations. of hazards present and travel distance to a hospiaid supplies, “Often with first-aid supplies, you get what tal or access to professional medical assistance. you pay for,” says Marentette, who advises buyers Working with a joint workplace health and you get what to research where they obtain their supplies. safety group to determine what are the specific One of the major changes in the marketplace first-aid needs is a good start. “You can look at you pay for.” that Brown observes is the emergence of defibrilthe statistics within that workplace and try to delators and their affordability. “It is one of those items people termine what are the most likely injuries that would occur. don’t legally need, but I think most people are aware that they Then they can begin to build it from that point,” advises Don should have, and that is something that many organizations Marentette, national director of first-aid programs at Canaare going towards. ” dian Red Cross in Winnipeg. Dente notes that many new products are coming into the Doing a hazard assessment to find out what first-aid supAED marketplace, with some offering voice-accentuated inplies are not part of mandatory requirements is also imporstructions and videos. tant, Dente notes. In Ontario and in most provinces, the baYaffe recommends that companies register their defibrilsic first-aid kit includes a bandage, gauze, tape and a pair of lators with ambulance or emergency services, so that they scissors. “But a foundry has other hazards that are not really are aware that they have a defibrillator and can guide them addressed in the standards — for example, burns.” through the use of the device when required. Another example is a meatpacking plant, where workers Another first-aid item that is becoming very popular is a wield sharp tools. “You want bandages that would be capable tourniquet. “In the past, it was only reserved for professional of handling large wounds or punctures,” Yaffe notes. responders or [in] military or rural settings. Now we have Terry Brown, Toronto-based president of SOS Emergency good science to tell us that this is teachable and it should be Response Technologies, agrees that companies should go beused in a first-aid setting everywhere, ” Marentette says. yond just meeting basic workplace first-aid standards. “If you look at many of the provincial regulations, those are a startHUMAN TO ERR ing point, the absolute minimum companies should do.” Having a well-stocked first-aid kit is one thing; maintaining it to make sure that it remains functional is another. Some UP AND COMING Having the right first-aid products in a quantity befitting the common oversights include not maintaining first-aid kits size of a business is important. According to Dente, users regularly, not understanding how the products are used and should always ensure that their suppliers of first-aid products not having someone in charge of first-aid kits. “In many cases, the first-aid kit is up in the wall, and anycarry the appropriate Health Canada licence to import and body who injures himself just goes over,” Yaffe illustrates. distribute medical devices. He cites his company as one such And then there are people who overlook their own profirm that is licenced to distribute Class II and III medical tection when tending to the injured. “[When] a person is devices, as well as assemble and customize first-aid kits that bleeding, you have to protect yourself by wearing protective meet provincial regulatory requirements. By Jean Lian

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ohs canada

PHOTOS (CLOCKWISE FROM TOP): KIT CARE CORPORATION; DENTEC SAFETY SPECIALISTS; CANADIAN RED CROSS

gloves,” Yaffe cautions. fessional first-aid kits, also offers consultations on For Marentette, ignorance is the greatest communication for emergency assistance. Yaffe points evil. “First-aid kits are good, but if people out that in a lot of businesses, making an external call don’t know where they are, how to use the requires dialling the prefix nine before entering the stuff, they are useless. It is important for staff phone number. “Some businesses have that during to review first-aid kits regularly and that evthe week, but on weekends or eveeryone gets a chance to do it,” he adds. nings, they change it because of One of the major oversights when it smaller staff [strength],” he notes. comes to workplace first aid is training, “That information has to be unwhich ranks high on the agenda of the derstood by first-aid attendants Canadian Red Cross. “Practising is a and people providing first aid.” huge piece of what we are going to start He also stresses the need to comencouraging workplaces and people to municate clearly when making a 9-1-1 call. do more often, set up some formalized Health issues relating to the respiratory sysschedule where they can practise,” Martem or the heart rank tops on the priority entette reveals. “Our research is showing list, so that gets immediate attention. us that skill degradation is happening at a Identifying the location of a place accu30-day mark after a training.” rately is also crucial. “If you have a street The spectrum of training for first aid is that is new, something that may not be on vast, and it varies from jurisdiction to juthe maps, advise them as to how to get into risdiction as well as from industry to inthat area,” Yaffe advises. The city of streets dustry. Canadian Red Cross offers a range Kit Care (top) helps firms maintain with common names like “Main Street”, of workplace first-aid training programs first-aid kits, while Dentec (right) car- or identical residential or industrial street anywhere from a three-hour cardiac-pul- ries Health Canada licences to disnames that are used in different parts of a monary resuscitation course to a three- tribute medical devices. Canadian city, also need to be stated. week emergency-responder course. Greeters should station themselves outRed Cross (bottom) offers a range of “All first-aid courses have an expiry first-aid training programs. side a facility to direct first responders to date,” Brown says. For example, most firstthe scene upon their arrival. “If you have aid training in Ontario has a three-year cycle, while in some an individual who has been injured in the back of a facility,” cases, it may be only a two-year cycle. Yaffe says, “you want to be able to direct the EMS to go into According to Marentette, one “exciting” development the back of the building rather than come to the front, beis that the Canadian Red Cross and CSA Group gathered a cause time is of the essence.” group of oh&s decision makers in Ottawa in October 2013 According to the Canadian Centre for Occupational to formalize an injury-reduction collaborative. “It has always Health and Safety (CCOHS) in Hamilton, Ontario, first-aid baffled us in Red Cross, because everyone bleeds the same co- regulations specify in detail each jurisdiction’s requirements. lour, so why do we have to have different kinds of standards?” Legislation may also stipulate that first-aid supplies are to be One of the discussions that came out of that group was stocked with required and appropriate items and checked that Canada needs a standard level of competencies in work- regularly for expiry dates. place first aid. “So we engaged the CSA in 2014 to see if they “Usually, the first-aid products that have expiry dates are had interest in that work. They took a high priority. We have ointments, creams, tablets and eyewash,” Yaffe says. A regular been working for the last year and a half to develop a stan- inspection of the kit helps to weed out and replace supplies dard set of workplace first-aid competencies.” that are broken, have changed in colour, show signs that their Allison Hawkins, manager of corporate affairs with CSA sterility packages have been compromised or lost their adheGroup in Toronto, says the scope of the new standard is to siveness as in the case of bandages. provide minimum requirements for a workplace first-aid Employers are usually required to maintain written retraining program, which includes program design consid- cords of all injuries and treatment given. Depending on the erations, learning objectives and competencies and quality jobsite, there may also be a need to consider chemicals that management. “The standards are voluntary. CSA Group has may require a specific sequence of treatment steps, crowd no mandate to compel or enforce the adoption of standards,” control, special needs for persons with disabilities or known she says. The public review period should begin this summer medical conditions, employees who work alone and transand publication of the standards is targeted for mid-2017. portation to a medical facility, the CCOHS adds. As with all things else, due diligence is key. Brown says TALK THE TALK there are many first-aid items and training that companies A well-stocked and -maintained first-aid kit aside, providing should be prepared to provide to give themselves a better effective first aid includes knowing how to convey informa- chance of responding to emergencies. tion during an emergency. Kit Care Corporation, which inspects and maintains pro- Jean Lian is editor of ohs canada. www.ohscanada.com

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ACCIDENT PREVENTION

TREE PLANTING

Seeds of Safety TREE OF LIFE: Every year, starting around early May, thousands of Canadians start work planting tree seeds in regions where trees have been harvested for lumber. Prime treeplanting season usually lasts until the end of June or into July, and workers are often young people who want to make quick money and do not mind sharing motel rooms or tents with strangers for weeks away from home. Tree planting is physically strenuous and involves a lot of walking, digging and carrying seedling carriers around one’s hips, sometimes for long hours. It presents many health and safety hazards typically associated with hard physical labour, outdoor work, working in the wild and working alone. Sometimes, it may also require handling potentially dangerous chemicals and equipment. RING OF RISK: According to the Canadian Centre for Occupational Health and Safety (CCOHS) in Hamilton, Ontario, tree planters face physical, ergonomic, biological and chemical hazards that include the following: • pain or injury from heavy lifting, repetitive motion or awkward physical positions; • exposure to extreme temperatures, sun and/or weather; • insect bites and stings; • allergic reactions to certain plants; • exposure to animal droppings; • exposure to pesticides and other chemicals; • using dangerous equipment, like chainsaws; and • working in the vicinity of electrical equipment. The British Columbia Ministry of Forests, Lands and Natural Resource Operations warns about areas where trees may have been burned down by wildfires. A worker may sustain burns by stepping into an ash pit or risk getting cancer by breathing in soot and charcoal. Dead or dying trees that fall may also injure workers. LUMBER NUMBERS: Recent information from Workplace Safety North (WSN), a non-profit safety organization based in North Bay, Ontario, indicates that out of 399 full-time tree planters in the province in 2014, 48 were injured on the job and 13 incidents resulted in lost work time. Of the profession’s lost-time injuries and illnesses that year, 46 per cent involved contact with equipment or other objects, 23 per cent resulted from transportation incidents, 15 per cent were musculoskeletal disorders and eight per cent resulted from falls. WorkSafeBC in Richmond, British Columbia states that 26 per cent of reported tree-planter injuries in the province 38

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are wrist injuries and 21 per cent are back disorders, while 11 per cent of injured tree planters report shoulder injuries and another five per cent have knee injuries. Every day, a typical tree planter lifts a cumulative weight of more than 1,000 kilograms and walks about 16 kilometres while carrying loads of seedlings. FOREST FALLS: Injuries from slips, trips and falls are also common in tree planting, as workers often have to work on unstable slopes, uneven terrain, rotting vegetation and areas with other slipping hazards, the B.C. Forest Ministry notes. Tree planters can reduce the risk of slipping by taking care of their work boots, choosing routes carefully to avoid hazardous areas, testing the ground with light footing before venturing forward and avoiding walking on logs with loose bark. The Ministry also warns tree planters to beware of bees, wasps, hornets, mosquitoes, flies and ticks, whose bites can cause swelling, allergic reactions or disease. Insect repellent is recommended in most cases, as well as sanitation, keeping

or back to a supervisor immediately and get necessary first aid and/or physician attention. Work should be stopped if symptoms are present. OTHER MEANS: The CCOHS recommends that tree planters learn safe lifting procedures and avoid excessive repetition. It also helps to wear appropriate personal protective equipment and footwear and to ensure that all tools and equipment are working properly. If the weather is warm, workers should cover their skin to avoid sunburn and insect bites while staying hydrated and taking breaks when needed. Vehicle accidents can happen when ATVs and other vehicles move over uneven resource roads with unpredictable conditions and traffic. WSN advises workers to wear CSA Group-approved safety helmets to reduce the risk of fatality in a collision. Driving at limited speeds with caution and wearing seat belts are a must. BEAR NECESSITIES: In the wild, tree planters face the risk of encountering dangerous animals, especially black bears and grizzly bears, which may attack if they feel threatened or are competing for food. Moose, wolves, foxes and raccoons may also be around, and even cougars are not unheard of. Rats and mice can harm forestry workers by carrying disease, particularly the hanta virus, according to the B.C. Forest Ministry. The Ministry recommends discouraging bear or rodent invasions by storing food away from workers’ sleeping quarters, never preparing or eating food inside tents and removing garbage from camp areas every day while keeping campsites free of food debris. To avoid startling bears, make continuous noise while working, like talking, singing or ringing a “bear bell” designed to drive bears away. Bear spray is also a good protective measure. shirts tightly buttoned and tucking pant legs into socks. Any swelling calls for immediate first aid, and employers and firstaid attendants should be aware of any worker allergies. SPRAINS AND STRAINS: WorkSafeBC recommends four ways that tree planters can avoid musculoskeletal injuries: •P recondition the body and pace work carefully: Routine exercise before planting season begins can reduce the effects of muscle ache, and workers should not overexert themselves when the season begins. •U se a correctly sized shovel: Digging with a shovel that is too long or too short can affect posture. A worker’s back should remain straight, not hunched. A lightweight shovel with a straight handle is best. •A dopt good planting techniques: Shovelling too quickly can hurt a planter’s wrists and arms if the shovel hits rock or hard ground. •R ecognize symptoms early on: Planters should report any numbness, tingling, swelling or pain in the wrists, shoulders

PLANTING PREPARATIONS: Occupational health and safety law requires employes to take all reasonable precautions to protect employees from illness and injury. Workplace Safety & Prevention Services in Mississauga, Ontario advises employers to establish a health and safety program that covers worker and supervisor training and orientation, pre-season physical preparation for the job, hazard identification and control, improvements on tool design and emergency preparation. WSPS also notes that tree planting is often done by young, inexperienced workers with minimal training and supervision, making a safety program vital. A 2013 research paper from the University of Victoria, Power, Profit, and Precarity: Occupational Health and Safety in the Tree Planting Industry, claims that tree planters are highly vulnerable to injury in part because of the sector’s lack of unions, oh&s committees or representatives and of general knowledge about workers’ rights. The largely seasonal, nonpermanent nature of the workforce also contributes to the risks, study author Russell Claus writes. Follow us on Twitter @OHSCanada

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LAW FILE

DUTY TO ACCOMMODATE

Righting a Wrong modate. He also recommends that hearing-impaired workers contact CHS’ Employment Services department to assess he Ontario Court of Appeal recently awarded $266,000 accommodation needs. “We have the skills and knowledge to help employers and in damages to a woman who had accused her former employer of mocking and abusing her after she lost employees to break down communication barriers,” McKenzie her hearing. The court decision, authored by Judge Gloria explains. “There are many workable solutions for employers; Epstein and released on June 30, states that management at there are different systems and devices that can be used in the Applied Consumer & Clinical Evaluations Inc. (ACCE) con- workplace to help accommodate an employee.” For example, ducted a “campaign of abuse” against Vicky Strudwick, who technologies that help employers and employees interact include e-mail and other text-based options. worked for the company for more than 15 years. While workplaces have a legal obligation to ac“It is almost impossible to imagine that in this The ruling commodate disabled employees, Du Vernet clarifies day and age, an employer would treat an employee is a victory that the duty to accommodate is not absolute or un— a long-time employee, a dedicated employee — so horribly,” says Christopher Du Vernet, a partner for disabled limited. “It is tempered in the legislation by the word ‘reasonable’, and what is reasonable depends, of with law firm Du Vernet, Stewart in Mississauga workers. course, upon the circumstances. And that includes and one of Strudwick’s lawyers. the cost of accommodation, how the accommodaAfter Strudwick lost her hearing in October 2010 for reasons unknown, firm general manager Andrew Hoffman tions would fit into the workplace, that sort of thing.” He adds that if an employee cannot perform the job deand Strudwick’s supervisor, Liz Camilleri, began mistreating her. “Ms. Camilleri would purposely give Ms. Strudwick in- spite accommodation, “the employer is entitled to terminate.” But in Strudwick’s case, Du Vernet believes, the duty to structions in a manner that prevented her from lip reading. Then, Ms. Camilleri would call Ms. Strudwick ‘stupid’ for not accommodate would not have required much from the comunderstanding the instructions,” Epstein writes. When Strud- pany. She even offered to pay for all of the adjustments out of wick could not provide a doctor’s note about her hearing loss her own pocket — including new fire-exit signs that would due to the uncertainty about the cause, “Ms. Camilleri ac- flash light rather than just sound alarms and a device for her cused Ms. Strudwick of being ‘too cheap’ to produce a doc- telephone that would have translated spoken words into print — despite a $23,000 annual salary. tor’s note” and advised her to quit. Complicating the situation further was that Strudwick was Hoffman refused to accommodate Strudwick’s disability at the office, and the company would not allow the Canadian a stellar ACCE employee who had received glowing perforHearing Society (CHS) to conduct an accommodation as- mance reviews and regular raises before she went deaf. “She sessment. On May 27, 2011, Hoffman berated Strudwick in was a lifer there,” Du Vernet says. “And then they kick her to front of 13 other employees, because she had declined to give the sidewalk the moment she gets a disability.” Upon receiving an accommodation request for an ema presentation at an office Toastmasters meeting the previous day. Strudwick was then fired for supposed insubordination ployee, an employer is expected to determine the barriers and wilful misconduct. Strudwick suffered severe financial affecting the worker, explore all options for removing those and psychological issues as a result of the company’s abuse barriers and accommodate up to the point of undue hardship on the company, according to CHS. and required extensive cognitive behavioural therapy. For McKenzie, the ruling is a victory for disabled workers. Raymond Berta, ACCE chief executive officer, says that To Du Vernet, the decision is a strong warning to employthe company has since taken proper action in response to Strudwick’s mistreatment. “As a good corporate citizen, we ers of the risks or financial consequences of failing to accomhave taken corrective action as reported and we have imple- modate a disabled worker who is willing and able to work. He adds that the Strudwick case is a first in Ontario in two mented procedures to prevent any reoccurrences.” respects. “It is the first time that the Ontario Court of Appeal has rendered a decision with respect to the Ontario HuDUTY TO ACCOMMODATE The legal duty to accommodate disabled employees is cov- man Rights Code,” Du Vernet explains. “Second, it represents ered in the Canadian Human Rights Act. Brian McKenzie, di- the present high-water mark for damages for employment rector of training and employment services for CHS, advises breaches such as this.” Ontario employers to consult the two key pieces of legislaFollow us on Twitter @OHSCanada tion, Accessibility for Ontarians with Disabilities Act and the Ontario Human Rights Code, regarding the duty to accom- Jeff Cottrill is editor of canadian occupational health & safety news.

By Jeff Cottrill

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Canadian Occupational Health & Safety News

So, what’s on your mind? MARCH/APRIL 2016

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Should WCBs get second opinions from doctors regarding injured workers’ treatment plans?

Do you think that drones present a safety concern? Yes 78% No 15% Maybe 7% Total Votes

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TIME OUT PILFERING PAWS: Shopowners who train their closed- but a bylaw change in 2012 determined that no new licences circuit televisions on two-legged shoppers with pilfering hands may also have to keep their eyes on their four-legged counterparts. According to a July 18 news report by CBC News, a cat owner in Vernon, British Columbia has caught her cat named Sketch coming home with loot ranging from gardening gloves, shoes, bras and dog toys. Apparently, Sketch is not alone — cats from California to Oregon have displayed kleptomaniac tendencies. One possible explanation is that it could be a manifestation of domesticated felines’ misplaced hunting or maternal instincts. So cat owners, beware. If you see objects with price tags lying on the porch, call the cops.

LETTER TO GRANDMA: An 11-year-old girl’s letter to her grandmother, sent in an envelope with an incomplete address, found its way to the intended recipient, thanks to a dedicated postal worker, a paramedic and social media. The letter, addressed “To Grandma, From Abby”, included the postal code to a home at “R.R. #3” in Perth, Ontario. But there are 850 homes at Rural Route 3, CBC News reported on July 17. A Canada Post employee posted a photograph of the letter on Facebook, and after nearly 16,000 shares, a paramedic who answered a call at Rural Route 3 asked the elderly woman whom he was assisting if she had a granddaughter named Abby, and she replied yes. Apparently, Abby’s mother did the same thing two decades ago when she sent a Mother’s Day card with an incomplete address. TO THE RESCUE: Rescuing a dog stuck on a cliff is no walk in the park. North Shore Rescue, a mountain searchand-rescue team based in Vancouver, harnessed up and rappelled down a cliff to save a dog that had chased a chipmunk almost straight off a 42-metre cliff at a popular trail summit on Vancouver’s north shore. The rescue team managed to secure the dog on a ledge and brought it back to safety, CBC News reported on July 17. The dramatic dog rescue serves as a reminder that park users should keep dogs leashed at all times. PISTOL IN PANTS: It could have been a scene straight out of a western cowboy film starring John Wayne, when a 44-year-old male boarded a bus in Vancouver with an antique pistol in his belt. Transit police arrested the man and seized his weapon shortly after the gun-toting passenger disembarked. It was found that the pistol was a non-functioning replica of an old flintlock-style gun, the Vancouver Sun reported on July 18. The rider, who was well-known to police, was found to be in breach of probation, including a condition not to possess firearms or replicas. ANIMAL FARM: A Canadian couple who operate an ani-

mal shelter in Hamilton, Ontario are fighting to change a local law so that they can keep their pet pot-bellied pig, which they rescued two years ago. A complaint from a neighbour had compelled the couple to seek a licence to keep the pig,

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for pigs would be issued. The couple started an online petition, requesting that the City of Hamilton change the bylaws around keeping pigs, CBC News reported on July 15. The couple, who are willing to move to another community that accepts pot-bellied pigs should their petition fail, run the animal shelter out of their home and have three other dogs.

BEARING DOWN: It was an extraordinary start to what would have been an ordinary day when a Colorado teen found a bear stuck inside her car as she was heading out to work. It was unclear how the bear got into the vehicle, which was left unlocked the night before. The bear managed to escape after the sheriff ’s deputy opened the rear hatch while another stood nearby with a shotgun, CBC News reported on July 13. It is not unusual for bears to get into cars looking for food. According to a 2015 report by Colorado Parks and Wildlife, bear conflict reports are growing at an annual rate of four per cent. For those who live in bear country, it may be a good practice to look inside vehicles prior to entry. ON THE GO: Police in Manchester, New Hampshire have come up with a novel way to lure fugitives: Pokémon Go. Riding on the tide of the popular location-based mobile game, police in New Hampshire’s largest city recently announced on their Facebook page that they had detected Charizard, one of the more rare Pokémon characters, in the booking area. The post invites those whose names appear on a list to be “one of the lucky ones” to come capture the Charizard. The list includes the names of the more than 500 fugitives on the department’s wanted-persons roundup, the Associated Press reported on July 17. While the ruse has yet to net an arrest, it had captured more than 30,000 “likes” as of July 16. IN “HIGH” SPIRITS: Clinching a job calls for a celebra-

tion, but a 27-year-old man in the United Kingdom took his to the nth degree when he got drunk and fell asleep two metres up on the glass roof of a mall in Cambridge, Metro.co.uk reported on July 18. He had no recollection of how he ended up on the roof and the business disruption he had caused: 11 shops had to be evacuated, and a cordon was put in place while he was being rescued.

HEAT OF THE MOMENT: The most dangerous place

is also the sexiest: that seemed to be what a homeless and drunken couple in Russia thought when they were engaging in carnal relations inches away from the Trans-Siberian railway track in Buryatia. The woman was decapitated as she was standing up upon hearing the sound of an approaching train. She would have been safe had she remained in her original position, the United Kingdom’s Mirror reported on July 14. The train company has since issued a warning, urging members of the public to respect safety rules. Follow us on Twitter @OHSCanada

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