Monday, August 12, 2013

New courses on workplace violence for federally-regulated businesses and organizations

Single Seat (90 days access)
Multi-seat (1 year access)

Wherever people interact at work there is a potential for violence, regardless of the job. Frontline supervisors, workers and anyone else in the Canadian federal jurisdiction with an interest in workplace safety can take this course to develop an understanding of the nature of workplace violence, the consequences of workplace violence and preventive measures that can be taken.

This course contains information on the recognition and prevention of workplace violence, with many examples relevant to work done in federally-regulated workplaces, plus information on the requirements for the prevention of violence under the Canada Labour Code, Part II.


Why workplace violence is an important issueDefining the scope of workplace violenceRisk factors of workplace violencePreventive measures How to reduce the risks What to do when involved in an incident of workplace violenceLegal responsibilities of employers to prevent workplace violence
Understand why workplace violence is such an important issueUnderstand what workplace violence isIdentify incidents of workplace violenceKnow if you are at risk for violence because of the work you do, where you work or when you workKnow what to do if you are involved in or witness a violent situationUnderstand what your employer should do, including legal responsibilities under the Canada Labour Code, Part II

Average time to complete this course is approximately one hour.

Managers, supervisors and workers in federally-regulated business and organizations.

If you need to develop and implement a workplace violence prevention program in your organization, see the course, Workplace Violence in the Canadian Federal Jurisdiction - Establish a Prevention Program.

None

This course is delivered as an on-line e-learning course. All you need is a computer, access to the Internet - and you are ready to go! This e-learning course is designed to help you learn at your own pace and in your own environment at your own convenience.

Registration for this course is provided online, or by contacting Client Services or calling 1-800-668-4284.

CCOHS courses are unique in that they are developed by subject specialists in the field, and reviewed by representatives from labour, employers and government to ensure the content and approach are unbiased and credible.

We partnered with Vubiz - an international leader in e-learning development - to create this e-course.

Vubiz offers other related e-learning courses that may also be of interest to you. Read about them in the Vubiz Catalogue of e-learning courses.



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Lac-Mégantic update: On-site operations wrapping up, ongoing investigation remains a top priority

LAC-MÉGANTIC, QC (The Transportation Safety Board of Canada)

The Transportation Safety Board of Canada (TSB) is wrapping up its on-site operations at Lac-Mégantic. The team of investigators has completed their examination and documentation of the wreckage scene and gathered the data they need from the accident site (red zone). Now that the field phase is winding down, the TSB is moving into the examination and analysis phase of this investigation. The investigation is on-going, and while there are no definitive findings to report at this time, there are some important next steps.

Next steps

The investigation team has identified a series of tests to be completed and a number of items to be examined at the TSB laboratory in Ottawa. In the coming months, the investigators and engineering experts will:

-- Analyse metallurgical samples, damage records, and photographs to determine the crashworthiness of the tank cars involved in the derailment; -- Review 3D imagesùscanned with the assistance of the U.S. National Transportation Safety Boardùwhich have preserved the exact state of a number of damaged tank cars and which will help investigators understand tank car performance during the accident in greater detail; -- Examine selected wreckage in the laboratory and test selected components (such as brakes, and wheel sets) to help investigators better understand their accident performance; -- Conduct theoretical analysis to determine the retarding forces required to prevent the unintended movement of a train of this size and weight from rolling down the 1.2% grade; -- Create simulations and reconstruct events to learn more about the accident sequence (i.e., validate data, test hypotheses, and verify assumptions); -- Process, analyse and compare numerous fluid samples in order to verify the properties of the petroleum product in these tank cars. This analysis is being carried out to help investigators determine why the oil created such a fierce fire that night; -- Review data from the locomotive event recorder and validate information, such as speed and air brake reaction. An identical set of locomotives was tested to simulate performance of the locomotives in the occurrence. Event recorders from this simulation will be compared against those from the train involved in the accident; -- Conduct brake tests on the locomotives from the accident and arrange to conduct similar brake tests on the tank cars being held at Nantes. This will help determine their condition, their reaction, and their performance; and -- Continue to collect information from both the railway and Transport Canada. This information will be cross-referenced to help investigators validate the data they have collected, and get a clear picture of the way in which this railway was being operated and overseen by the regulator.

Completing these tests, verifying the results and conducting thorough analyses will allow the TSB to piece together exactly what happened and why. "We need to be thorough and it will take months," said Donald Ross, TSB's Investigator-in-Charge. "This investigation remains a top priority for the TSB. As we leave the site, we wish to assure the citizens of Lac-Mégantic and all Canadians that the TSB's key experts will continue to be dedicated to this important investigation," he added.

If at any stage during the investigation the TSB identifies additional safety deficiencies, it will communicate directly with Transport Canada and the industry, and will inform the public. Visit the active investigation page for more information about this investigation.

The TSB is an independent agency that investigates marine, pipeline, railway and aviation transportation occurrences. Its sole aim is the advancement of transportation safety. It is not the function of the Board to assign fault or determine civil or criminal liability.

News release via Canada NewsWireFor further information: Transportation Safety Board of Canada Media Relations 819-994-8053 The TSB is online at www.tsb.gc.ca.

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Heat stress and your health


Whether you work in a hot smelting plant or outdoors in the summer months, heat exposure can be dangerous. Workers who are exposed to extreme heat or work in hot environments may be at increased risk of heat stress. In foundries, steel mills, bakeries, smelters, glass factories, and furnaces, extremely hot or molten material is the main source of heat. For people working outdoors in jobs such as construction, road repair, open-pit mining and agriculture, summer sunshine provides the hot environment. In laundries, restaurant kitchens, and canneries, high humidity adds to the heat burden. In all cases, the cause of heat stress is a working environment which can potentially overwhelm your body's ability to deal with heat.

"Heat stress" is a buildup of body heat generated from a combination of the effort you exert while working, the environment (air temperature, humidity, air movement, radiation from the sun, or hot surfaces/sources), and the clothing and equipment you wear.

Most people feel comfortable when the air temperature is between 20?C and 27?C and the when relative humidity ranges from 35 to 60%. When air temperature or humidity is higher, you may feel uncomfortable but your body can cope with a little extra heat. However, very hot environments can increase your internal body temperature several degrees above the normal temperature of 37?C, overwhelming your body's natural cooling systems and leading to a variety of serious and possibly fatal conditions.

Illnesses caused by heat exposure
The risk of heat-related illness is different for each person. You are at greater risk of heat stress if you have pre-existing health issues (e.g. are overweight, have heart disease, high blood pressure, or respiratory disease), are 65 years of age or older, or you take medications that may be affected by extreme heat. Also, you may be more susceptible to heat if you have skin diseases or rashes.

Heat stress puts workers at risk for illnesses such as heat cramps, heat syncope, heat exhaustion, and heat stroke. Heat can also lead to accidents resulting from the slipperiness of sweaty palms, and from accidental contact with hot surfaces. As a worker moves from a cold to a hot environment, fogging of eye glasses can briefly obscure vision, presenting a safety hazard. The first step in preventing them is learning more about heat illnesses and how they can impact your health.

Heat cramps are sharp pains in the muscles that occur when there is a salt imbalance in your body from not replacing salt lost with sweat. Cramps occur most often when you drink large amounts of water without enough salt (electrolyte) replacement. You may experience heat cramps alone or combined with one of the other heat stress illnesses.

Heat syncope occurs when you feel dizzy, light headed or faint suddenly and lose consciousness due to low blood pressure. It can be caused by blood pooling in the legs if you have been standing still for a long time in a hot environment, or by the loss of body fluids through sweating. Your risk of developing heat syncope increases when you have not adjusted (acclimated) to a hot environment or are dehydrated. Resting in a cool area usually brings about a quick recovery.

Heat exhaustion is caused when you lose body water and salt through excessive sweating. Signs and symptoms of heat exhaustion include: heavy sweating, weakness, dizziness, visual disturbances, intense thirst, nausea, headache, vomiting, diarrhea, muscle cramps, breathlessness, palpitations, tingling and numbness of the hands and feet. People usually recover after resting in a cool area and drinking cool salted drinks (e.g. sports drinks).

Heat stroke and hyperpyrexia (elevated body temperature) are the most serious types of heat illnesses and require immediate first aid and medical attention. Signs of heat stroke include body temperature of more than 41?C, and complete or partial loss of consciousness. The signs of heat hyperpyrexia are similar except that your skin remains moist. Sweating is not a reliable symptom of heat stress because there are two types of heat stroke - "classical" heat stroke where there is little or no sweating (usually occurs in children, the chronically ill, and the elderly), and "exertional" heat stroke where body temperature rises because of strenuous exercise or work and you do sweat. Heat stroke can cause death or permanent disability if emergency treatment is delayed or not given.

Prevention tips for employers
Every year, Canadian workers die on the job because of heat-related causes. As an employer you must manage this risk - evaluate the situation and determine appropriate controls. Depending on the workplace, a heat stress control program may be necessary. You can help reduce the risk by managing work activities so that they match the employee's physical condition and the temperature.

Provide training. Take time to train your workers on the serious health risks of heat illness, how to avoid it, how to recognize the symptoms and what to do if it happens.

Keep workers cool and hydrated. Demonstrate your commitment to worker health by allowing some flexibility in work arrangements during hot conditions. If possible, schedule heavy tasks, and work that requires personal protective equipment, for cooler times such as early mornings or evenings. Keep the work area cool, or provide air-conditioned rest areas. For workers on duty in the heat, provide plenty of water and encourage them to drink even if they don't feel thirsty, and to take frequent rest breaks.

Prevention tips for workers
Acclimate. Do not expect to tolerate the heat right away. It can take up to two weeks to build up a tolerance (acclimate) to working in hot conditions. Adapt your work and pace to the temperature and how you feel.

Take breaks. A simple but potentially life-saving practice, taking a break to cool off in the shade or in an air-conditioned building or vehicle helps prevent your body from overheating. If you don't have a shady or cool place, reduce your physical efforts.

Keep cool. Stay out of the sun as much as possible. If your job includes some physically demanding tasks, try to save those for the early morning or late afternoon hours when the sun is less intense. Wear lightweight clothing and a hat. The risk of heat illness can be greater if you wear certain types of personal protective equipment. If necessary, consider also wearing a cooling vest to help keep your body temperature down.

Stay hydrated. This is essential. As a general guideline, drink one cup of water every 15 to 20 minutes, whether you are thirsty or not.

Avoid alcohol and drugs. They can worsen the effects of heat illness. If you are on medication, read the label or talk to your doctor to understand how it might cause your body to react to the sun and heat.

Recognize the symptoms of heat stress in yourself and your co-workers. These symptoms include rash, cramping, fainting, excessive sweating, headache and dizziness. You may not see or feel the effects so always use the buddy system to monitor one another.

Heat illness is a serious but easily preventable health risk.

More information on heat illness:

Hot Environments - Health Effects, CCOHS

Fast Facts: Protecting Yourself from Heat Stress PDF, NIOSH

Working in Hot Environments Health and Safety Guide, CCOHS

Keep Your Cool poster for outdoor workers, CCOHS

Safety and Comfort - Feet First

What do cashiers, assembly line workers and healthcare workers have in common? They work in occupations that have them standing for long periods of time, or working in hazardous areas, all which can take a toll on feet and increase the risk of foot injury. Feet can get hurt, punctured, crushed, sprained, and lacerated. A lack of attention to foot safety can also cause slips, trips and falls.

Feet don't just get hurt while in motion - they also can be injured when standing in one place for too long. The human foot is designed for mobility. Continuous standing not only tires your feet but can cause the joints of foot bones to become misaligned. It can even cause inflammation that might later lead to rheumatism and arthritis.

Wearing the wrong footwear can cause blisters, calluses, corns, arthritis, toe malformations, fallen arches, bunions and other problems.

However, there are things you can do to reduce foot problems and injuries in the workplace such as keeping your feet healthy, and identifying relevant hazards. Start with these factors:

Job design
Tasks should incorporate varying body positions that use different muscles. Job rotation, job expansion and teamwork, as well as frequent short rest breaks, can all help reduce the toll on your feet

Workplace design
A workstation should allow you room to change body position. A foot-rail or footrest allows you to shift from one leg to the other when standing and reduces stress on the lower legs. Where possible, a worker should be able to work sitting or standing at will. And even when work can only be done while standing, a seat should be provided for resting purposes.

Standing surface
An unyielding floor, such as concrete, has the impact of a hammer on the feet when stepped on. Any other type of floor is preferable - wood, cork, carpeting, or rubber. As a last resort, anti-fatigue matting provides cushioning that reduces foot fatigue, but should be used with caution (see OSH Answers to read about the limitations of matting).

Footwear
When choosing footwear, look for the following qualities: inner side of the shoe must be straight from the heel to the end of the big toeshoe must grip the heel firmlymust be roomy enough for the toes to move freelymust have a fastening across the instep to prevent the foot from slipping when walkingmust have a low, wide-based heel; flat shoes are recommendedmust fit properly as it may not stretchshock-absorbing insoles to help cushion the foot from impact

For workers exposed to foot hazards, protective footwear is essential to ensure safe and healthy feet. Safety shoes and boots protect your feet, help prevent injuries to them, and reduce the severity of injuries that do occur in the workplace. All jurisdictions in Canada require that workers wear adequate protection against workplace hazards. For workers exposed to foot hazards, the required protection is protective footwear certified by the Canadian Standards Association (CSA Standard "Protective Footwear", CAN/CSA-Z195-09). Ensure that your protective footwear conforms with the appropriate standard for your jurisdiction. All working footwear, for both men and women, whether it is safety wear or not, should provide comfort without compromising protective value.

Foot care
Feet are subject to a great variety of skin and toenail disorders. You can avoid many of them by following simple rules of foot care: Wash your feet daily with soap and dry them thoroughly, especially between the toes.Trim toenails straight across and not too short. Do not cut into the corners.Check your feet frequently for corns, calluses, and cracks.Wear clean socks or stockings and change them daily.

Some feet sweat more than others and are more prone to athlete's foot. Again, following a few simple guidelines may help: Select shoes made of leather or canvas, not synthetic materials.Keep several pairs of shoes on hand and rotate shoes daily to allow them to air out.For some workers, non-coloured woollen or cotton socks may be recommended since dyes may cause or aggravate skin allergies.Use foot powder.If problems persist, see a doctor or health care specialist.

In cases of persisting ingrown toenails, calluses, corns, fungal infection and more serious conditions such as flat feet and arthritis, see a doctor and follow the doctor's advice.

More information
Foot Comfort and Safety at Work, OSH Answers fact sheet, CCOHS

Safety Footwear, OSH Answers fact sheet, CCOHS

Foot Health, Canadian Podiatric Medical Association

Health Canada is seeking written comments from all interested parties on a proposal to repeal and replace the Controlled Products Regulations, and make consequential amendments to related regulations, to implement the Globally Harmonized System of Classification and Labelling of Chemicals (GHS) in Canada.

The implementation of the GHS through the proposed regulatory amendments is intended to achieve the Canada-United States Regulatory Cooperation Council commitment to align and synchronize implementation of common classification and labelling requirements for workplace hazardous chemicals within the mandate of Health Canada and the United States Occupational Safety and Health Administration.

The proposed regulatory amendments would support the Government of Canada in facilitating international trade through common labelling and other hazard communication requirements; lowering costs for businesses and consumers by reducing the need for re-testing and re-classifying chemicals from, or for, different markets; and increasing worker protections through the adoption of a globally recognized standard for communicating the hazards associated with workplace chemicals.

In addition, amendments are being proposed to the Hazardous Materials Information Review Regulations and the Hazardous Materials Information Review Act Appeal Board Procedures Regulations to reflect amendments to the Hazardous Materials Information Review Act that came into force on April 1, 2013, as a result of the Jobs and Growth Act, 2012.

This Notice is an opportunity for the public to provide early comments and input into the proposed regulatory amendments before the regulations are prepublished in the Canada Gazette. The prepublication process will provide an additional opportunity for public consultation on the proposed regulations.

The proposed regulatory amendments will be made available to the public through Health Canada's Web site at www.hc-sc.gc.ca/ewh-semt/consult/_2013/ghs-sgh/index-eng.php.

You have until September 15, 2013 to provide your comments on the proposed regulatory amendments, in writing, to the address provided below.

Questions and requests for additional information, as well as comments on this Notice and the proposed regulations, may be directed to the Workplace Hazardous Materials Directorate, Health Canada, 427 Laurier Avenue W, 7th Floor, Ottawa, Ontario K1A 1M3, 613-993-9167 (telephone), 613-993-5016 (fax), whmis_simdut@hc-sc.gc.ca (email).

Podcasts: Chemical Inventories and Car Seat Ergonomics

This month's Health and Safety To Go! podcasts discuss workplace chemical inventories, and feature an encore presentation on car seat ergonomics.

Feature Podcast: Workplace Chemicals - Know What's in Store
It is essential to know what chemicals you have in your workplace. A chemical inventory is a fundamental piece to your chemical safety program and is your first step towards chemical safety compliance - whether it's WHMIS training, environmental reporting, or emergency planning. This podcast discusses how to create a workplace chemical inventory program or take steps to improve an existing one.

The podcast runs 3:48 minutes. Listen to the podcast now.

Encore Podcast: Car Seat Ergonomics
Dhananjai Borwankar, Technical Specialist at CCOHS explains how drivers can adjust their car seats to ensure proper posture and eliminate pains and strains while driving.

The podcast runs 8:45 minutes. Listen to the podcast now.

CCOHS produces free monthly podcasts on a wide variety of topics designed to keep you current with information, tips, and insights into the health, safety, and well-being of working Canadians. You can download the audio segment to your computer or MP3 player and listen to it at your own convenience... or on the go!

See the complete list of podcast topics. Better yet, subscribe to the series on iTunes and don't miss a single episode.

New poster has tips to help you safely work outdoors

Working outdoors in the summer may conjure up images of sunshine and warmth, but the soaring temperatures, humidity and poor air quality also increase the risk of dehydration, harmful UV radiation, and heat-related illnesses. Display this new poster from CCOHS packed with safety tips for workers who take it outdoors in the sun and extreme heat. Drink up, acclimatize, cover up, shield yourself, time your tasks right, and take breaks so you can keep it cool all summer long. You can download a free PDF or purchase double-sided - English on one side, French on the other - full-color 16" x 25" copies. Learn more about the poster. See all posters from CCOHS.


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Road worker killed while working on highway

STEPHENVILLE, NEWFOUNDLAND (The Canadian Press)

An employee of Newfoundland and Labrador's Transportation Department was killed today while working on the Trans-Canada Highway near Stephenville.

Transportation Minister Paul Davis says the collision occurred when a pickup struck the 40-year-old man while he was working with a painting crew in the area.

The incident occurred about six kilometres west of Flat Bay Hill, just south of Stephenville.

Police say three other people have been taken to Sir Thomas Roddick Hospital in Stephenville with undetermined injuries.

Traffic was stopped in both directions of the highway for over an hour while police investigated and the scene was cleared.

Copyright (c) 2013 The Canadian Press


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Man hit by helicopter blade in Saskatchewan recovering in hospital in Edmonton

LA LOCHE, SASK (The Canadian Press)

A man is recovering in a Edmonton hospital after being hit by a helicopter blade while carrying out geological work north of La Loche, Sask.

On Tuesday morning, the man was one of three people arriving at an exploration site near Forrest Lake.

The helicopter, an AS-350, touched down on a soft muskeg heli-pad.

According to the Transportation Safety Board, the man and one of his colleagues then exited the craft while the rotor-blades were still spinning.

The man walked to the cargo bay, and then around to the front of the helicopter where he was hit.

Chris Krepski of the Transportation Safety Board says it appears the front skids of the helicopter may have sunk down into the soft ground, causing it to be lower than it normally would have been.

Teddy Clarke, chief of the Clearwater River Dene Nation, said medical help was summoned immediately.

''From talking to his wife and from talking to other people who are in Edmonton, he is actually doing pretty good considering the incident he was involved with,'' he said.

A spokeswoman for the Ministry of Labour Relations and Workplace Safety says they are also reviewing the incident. 

Copyright (c) 2013 The Canadian Press


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Sunday, August 11, 2013

Nova Scotia labour minister proposes new fines for workplace violations

HALIFAX, N.S. (The Canadian Press)

The government of Nova Scotia is proposing new penalties such as escalating fines for employers and employees who repeatedly break workplace safety rules.

Labour Minister Frank Corbett released a discussion paper on July 29 that he says aims to crack down on companies that put workers at risk.

The paper proposes a structured fine schedule that would see the province levy higher fines for repeat offenders.

Corbett says the government also wants to focus on prevention of workplace safety violations, adding that inspectors would be called upon to educate employers and employees for infractions considered to be less serious.

The Labour Department is seeking public feedback on the proposed changes until Sept. 26.

Copyright (c) 2013 The Canadian Press


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Moving oil by rail requires special care, not just tinkering: safety advocates

OTTAWA, ON (The Canadian Press)

The sort of disaster that struck Lac-Megantic may thankfully be rare but the consequences are so grave when serious derailments involving oil do occur, extraordinary measures must be taken to prevent them, say proponents of stricter protocols.

A Montreal, Maine & Atlantic train carrying 72 tank cars filled with oil exploded after it unexpectedly began rolling and went off the tracks in the small Quebec town on July 6, taking an estimated 47 lives.

The disaster --one of the worst rail accidents in Canadian history-- has prompted as many as nine investigations and extensive discussion about how best to prevent a similar tragedy. Many seek urgent solutions given projections of steadily rising petroleum shipments by train.

The Canadian rail industry points to an improving safety record, noting the number of derailments --including those involving dangerous goods-- is stable or decreasing.

There were four main-track derailments involving dangerous goods last year, below the 2008-12 annual average of eight incidents, according to the Transportation Safety Board. Derailments involving hazardous materials on secondary tracks stood at 32 in 2012, below the 2009-12 annual average of 37.

The Railway Association of Canada says 99.9977 per cent of all dangerous goods shipped by rail reach their destination without a release caused by a train accident. It adds that the oil spillage rate is lower for railways than for pipelines.

Those who study catastrophes say the numbers don't tell the whole story.

A major derailment of a train carrying large quantities of oil is what disaster experts call a low-probability, high-consequence event. In other words, it's not likely to happen, but if it does the fallout may well be devastating.

"These are totally different from other types of train crashes,'' said Ali Asgary, an associate professor of emergency management at York University in Toronto.

The rail industry has a very good safety record compared with other modes of transportation, said Manish Verma, an associate professor at McMaster University's DeGroote School of Business in Hamilton, Ont.

But that means only so much when dozens of tank cars filled with oil are passing through a community. "Even if something minor happens, the consequence could be very, very huge,'' he said.

Previously a train might have a handful of tank cars carrying chlorine or other such hazardous goods, notes Keith Stewart, climate and energy campaign co-ordinator with Greenpeace Canada. Now a train might have scores of cars transporting oil to a refinery.

"That's relatively new, and it's a lot more dangerous because the consequences when something goes wrong are much higher,'' Stewart said.

"I'd look at it as loading the dice in favour of disaster.''

In 2009, major railways moved just 500 carloads of crude oil, but that has jumped to about 140,000 carloads a year, the railway association says.

While only about three per cent of Canadian crude moves by rail, one industry estimate has the figure rising to as high as 25 per cent by 2035.

Last week, in a preliminary response to the Lac-Megantic derailment, Transport Canada issued a series of emergency orders. From now on, at least two crew members must work trains that carry dangerous goods. In addition, no locomotive attached to a tank car filled with dangerous materials can be left unattended on a main track.

But those concerned about the hazards of transporting oil by train say much more must be done.

"You can never have absolute safety with moving fossil fuels, but it can be a lot safer than it is today,'' Stewart said. "We just think the federal government hasn't done its job, which is to set the rules in a way that protects community safety and the environment.''

Among the suggested solutions: ensuring the tank cars used to move crude oil will not easily rupture, giving trains with large amounts of crude priority in order to avoid unnecessary stops and delays, diverting trains carrying oil away from towns and cities, and shielding populated areas by reclaiming land around tracks or building barriers to protect people.

Stewart would like to see broad public hearings on the movement of oil by all modes, including rail, truck, pipeline and ship.

The Railway Association of Canada refused to make anyone available for an interview. However, in a recent commentary posted on the association's website, president Michael Bourque says operators continue to improve safety when it comes to transporting crude oil and other dangerous goods.

A May 2012 Transport Canada memo, obtained by Greenpeace Canada, said the department had "identified no major safety concerns with the increased oil on rail capacity in Canada, nor with the safety of tank cars that are designed, maintained, qualified and used according to Canadian and U.S. standards and regulations.

"Indeed, Canada and the U.S. work collaboratively to ensure the harmonization of rail safety requirements.''

The same wording appears in versions of the memo prepared as recently as January.

Asked during a conference call with reporters last week whether Transport Canada stands by that assessment, Gerard McDonald, the department's assistant deputy minister of safety and security, declined to discuss the internal memo.

Stewart points to a Transportation Safety Board recommendation that stricter safety provisions apply to all Class 111A tank cars that carry crude oil, not just a limited segment. A 2013 board assessment says the watchdog will continue to monitor the issue, concluding that ''a large number of the existing tank cars carrying dangerous goods will be vulnerable to puncture, even during derailments at moderate operating speeds.''

Verma acknowledges that altering routes to avoid populated areas would be expensive, but says it should be a collaborative effort between rail operators, governments and regulators.

Asgary fears the possibility of an oil-fuelled derailment fire in a large city.

"We should look at the worst-case scenarios when we are dealing with these type of activities and how we can handle them-- or if we can handle them, really.''

Copyright (c) 2013 The Canadian Press


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Union demands help on violence against nurses

(Canadian OH&S News)

The Ontario Nurses’ Association (ONA) is working to arrange a meeting with the provincial government and the Ministry of Health to develop a strategy for preventing physical harm against nurses. This follows a June 9 incident in which a patient beat up a nurse and injured three others at the Southlake Regional Health Centre in Newmarket.

“I’ve spoken with one of the Premier’s staff, who have acknowledged the letter and the request we sent in,” said ONA president and registered nurse Linda Haslam-Stroud. “I don’t have any date set yet, but I expect we’ll be getting together to discuss further how to develop some kind of action plan.”

Southlake nurses had already been requesting extra security for dealing with Form 1 patients (defined as patients who are considered risks to themselves or to others), but nothing was done, Haslam-Stroud charged. The centre’s management had even taken away the nurses’ panic buttons months before the incident because they were deemed too expensive, according to Haslam-Stroud but returned the buttons after the attack.

ONA sought criminal charges against Southlake following the June attack, alleging the hospital disregarded nurses’ safety. The York Regional Police (YRP) did lay an assault charge against the patient, but filed no charges against the hospital itself.

“Police conducted a thorough investigation on the allegations the nurses had made,” explained Constable Laura Nicolle of the YRP. “There were extensive consultations with the Crown’s office, which determined this was an issue of internal policy and didn’t meet the threshold of the criminal offence under Section 217.1 of the Criminal Code.”

Matt Blajer, a spokesperson for the Ontario Ministry of Labour, added that the ministry is currently investigating the Southlake attack, but couldn’t provide further details.

On July 23, Southlake released a public statement praising its own staff for their response to the attack against the nurses. “Reaction to the incident was quick and responsive,” the press release read, adding that the hospital has since initiated an internal root-cause analysis and contacted the Ministry of Labour.

Regarding ONA’s lobbying for criminal charges against Southlake, the statement read: “It is disappointing that a request of this nature was made, considering the high priority that Southlake... continues to make with regards to the safety of its staff, physicians, volunteers, patients and their family members.”

Haslam-Stroud isn’t convinced. There have been further violent incidents at the hospital involving Form 1 patients incidents to which the hospital has failed to respond to appropriately, she charged. “There needs to be a higher level of acknowledgement by the employer of the seriousness of the risk, specifically with Form 1 patients.”

Despite the gravity of the situation, ONA is hopeful that it can work something out with the government. “I know the Ministry of Health at the higher level and certainly the government are very interested in ensuring we have safe workplaces,” Haslam-Stroud said.


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Authorities want closer look at highly flammable cargo in Lac Megantic disaster

LAC MEGANTIC, QC (The Canadian Press)

The cargo that exploded in the centre of Lac-Megantic appears to have been more flammable than regular crude oil, says the federal Transportation Safety Board as it sends the liquid for laboratory analysis.

The TSB said Thursday that it plans to take a closer look at the fluid that sloshed inside the railroad tankers that erupted into towering fireballs when the train derailed in the town.

The agency took samples of the liquid out of concern that the series of powerful blasts was much more intense than what might normally be expected from the petroleum product.

''I'm not an expert in this domain, but it seems that the crude oil reacted in an abnormal way,'' Ed Belkaloul told reporters in Lac-Megantic.

''That's why we took samples _ to know exactly what the ingredients are in this crude oil and to know why the railcars blew open like this.''

The TSB wants to ensure that the goods involved in the fiery derailment were properly described and packaged in the right tankers.

A thorough examination of the train's crude comes amid debate over the potentially explosive characteristics of so-called shale oil.

The train that derailed in Lac-Megantic on July 6, killing 47 people, was transporting crude from a large shale deposit in North Dakota known as the Bakken field.

Some shale oil has been found to contain hydrogen sulphide vapour _ a flammable, corrosive, and highly explosive compound. Bakken crude is known to hold considerable amounts of flammable hydrogen sulphide gas.

The Lac-Megantic crash came just a couple of months after pipeline company Enbridge Inc. presented documents to the U.S. Federal Energy Regulatory Commission stating that it refused to carry Bakken oil with extremely high levels of hydrogen sulphide in its lines.

The company explained to the commission that the sulphide posed a serious risk to the health and safety of workers that came into close contact with the substance.

In Canada, federal government regulation and safety standards do not distinguish between different types of crude oil, Keith Stewart of Greenpeace said in a recent interview.

He added that they are all labelled as Class 3 flammable liquids for transportation purposes, even though the chemical make-up could make one type more explosive than another. Stewart said the regulatory failure to distinguish between different types of crude could cost lives in the future.

But some don't believe different types of crude oil require separate and distinct classifications as dangerous goods.

Railway analyst Chris Damas of BCMI Research has said the composition of the oil is not a major safety concern, adding he believes that establishing separate regulations and rules for handling different types of crude would make little difference.

TSB investigator Donald Ross, who also took part in Thursday's Lac-Megantic news conference, acknowledged that the Class 3 shipping designation includes a range of products.

''From a very thick, tarry, black, oily type of petroleum products _ crude oil and that sort _ right down to the very, very thin, light oils that are highly volatile and burn very fiercely, like jet fuels,'' Ross said.

He was later asked if the contents of the ill-fated Lac-Megantic tankers might have contained a liquid stronger than jet fuel.

''We're not prepared to say anything at this point. What we want to say is we're checking that for everybody,'' he said. ''We've taken samples of the product, we've sent it away for analysis, we're going to wait for the results of those analyses to understand exactly what the properties were....

''I think for most people that arrived on the site, they were quite surprised at the extent of the fire and the subsequent explosions that occurred.''

Copyright (c) 2013 The Canadian Press


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Garage wall in Quebec under construction collapses, killing boy, 7

SAINT-ISIDORE-DE-CLIFTON, QC (The Canadian Press)

A seven-year old boy is dead after being crushed by a garage wall that collapsed during construction.

Police say the accident happened at about 3 p.m. Wednesday in the town of Saint-Isidore-de-Clifton in the Eastern Townships region southeast of Montreal.

The boy was pronounced dead in hospital a few hours after his arrival.

Investigators and crime scene technicians were sent to the scene to try to understand what caused the wall to collapse.

The boy's name was not released.

Copyright (c) 2013 The Canadian Press


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Injured soldier lawsuit should be dismissed, Ottawa tells B.C. court

VANCOUVER, B.C. (The Canadian Press)

Lawyers for the federal government are asking a British Columbia judge to dismiss a class-action lawsuit filed by current and former soldiers injured in Canada's combat mission in Afghanistan, saying Ottawa owes them nothing more than what they have already received under its controversial New Veterans Charter.

The lawsuit filed last fall by six veterans claims that the new charter, and the changes it brought to the compensation regime for Canadian Forces members, violates the constitution and the Charter of Rights and Freedoms.

That claim is ''unnecessary, frivolous or vexatious or otherwise an abuse of process,'' argue lawyers for the federal Attorney General, who were in B.C. Supreme Court last week asking a judge to dismiss the case.

''In support of their claim, the representative plaintiffs assert the existence of a 'social covenant,' a public law duty, and a fiduciary duty on the part of the federal government,'' Jasvinder S. Basran, the regional director general for the federal Justice Department, said in an application filed with the court.

The lawsuit invokes the ''honour of the Crown,'' a concept that has been argued in aboriginal rights claims.

''The defendant submits that none of the claims asserted by the representative plaintiffs constitutes a reasonable claim, that the claims are frivolous or vexatious, and accordingly that they should be struck out in their entirety.''

Each of the six current and former soldiers named in the lawsuit has received a pension and other compensation from the Department of Veterans Affairs, including lump sum payments ranging from $41,000 to nearly $261,000, the document said.

But the soldiers say the disability payments for injured soldiers pale in comparison to awards handed out for worker's compensation claims and by civil courts for far lesser injuries in motor vehicle accidents or personal injury.

Among the soldiers named in the suit is Maj. Mark Douglas Campbell, a 32-year veteran of the Canadian Forces who served in Cyprus, Bosnia and Afghanistan.

In June 2008, Campbell, of the Edmonton-based Princess Patricia's Canadian Light Infantry, was struck by an improved explosive device and Taliban ambush. He lost both legs above the knee, one testicle, suffered numerous lacerations and a ruptured eardrum. He has since been diagnosed with depressive disorder and post-traumatic stress disorder.

Campbell received a lump sum payment for pain and suffering of $260,000. He will receive his military pension, with an earnings loss benefit and a permanent impairment allowance but he is entirely unable to work and will suffer a net earnings loss due to his injuries, the lawsuit claims.

The new charter eliminated the lifetime disability pension for disabled soldiers and replaced it with lump sum payments.

Another plaintiff soldier suffered severe injuries to his leg and foot in the blast that killed Canadian journalist Michelle Lang and four soldiers. He was awarded $200,000 in total payments for pain and suffering and post-traumatic stress.

The allegations in the lawsuit have not been proven in court.

The federal government application says policy decisions of the government and legislation passed by Parliament are not subject to review by the courts.

''The basic argument that they're making is that Parliament can do what it wants,'' said Don Sorochan, the soldiers' lawyer.

He said he receives calls almost daily from soldiers affected by the changes, and thousands ultimately could be involved.

Sorochan, who is handling the case for free, said he doesn't believe the objective of the legislation was to save money at the expense of injured soldiers, but that's what's happened.

''When the legislation was brought in it was believed by the politicians involved _ and I've talked to several of them, in all parties _ that they were doing a good thing,'' Sorochan said.

''But anybody that can objectively look at what is happening to these men and women who have served us, can't keep believing that.''

Copyright (c) 2013 The Canadian Press


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Saturday, August 10, 2013

Employer’s Random Alcohol Testing Policy Constitutes Unreasonable Invasion of Employees’ Rights to Privacy

Home > Employment Standards > Employer’s Random Alcohol Testing Policy Constitutes Unreasonable Invasion of Employees’ Rights to Privacy

An employee’s right to ensure workplace safety versus an employee’s right to privacy – these competing rights have been present in the workplace for many years. On one hand, employers must be able to adopt policies to protect their workforce and abide by statutory health and safety obligations. On the other hand, employees expect that they will not be subject to intrusive policies that unreasonably infringe on their privacy expectations.

In Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp & Paper, Limited, the Supreme Court of Canada (SCC) recently weighed in on how to balance these rights in the context of an employer implementing a drug and alcohol testing policy. In this case, a majority of the SCC favoured employees’ privacy rights. Key in the majority’s decision was that the employer could not demonstrate the necessary safety concerns to justify the inroads the random alcohol testing component of its policy made on employee privacy. As such, the testing was found to be unreasonable, in excess of management’s right to implement policies impacting the workforce and, therefore, unlawful.

In 2006, Irving Pulp & Paper, Limited unilaterally adopted a Drug and Alcohol Policy at its Saint John, New Brunswick paper mill, a component of which entailed random alcohol (but not drug) testing via breathalyser of employees holding safety-sensitive positions (the Policy). Employee tests revealing a blood alcohol level concentration greater than 0.04% would warrant disciplinary action determined on a case-by case basis, up to and including termination. Over a 15-year period, Irving had documented 8 incidents of alcohol consumption or impairment in the workplace. Fortunately, there had been no accidents, injuries or near misses due to intoxication.

The union grieved the random alcohol testing component of the Policy as an unreasonable exercise of management rights. The union did not grieve the rest of the Policy, which included drug and alcohol testing in the event that the employer had reasonable cause to believe an employee was impaired while on duty, when an employee was involved in a workplace incident and for the purpose of monitoring an employee’s return to work following voluntary treatment for substance abuse.

Although it was undisputed that the workplace was a dangerous one, the Board of Arbitration (who first heard the case) determined that the random alcohol testing was unreasonable. The Board concluded that, on the evidence, Irving had not demonstrated “any significant degree of incremental safety risk attributable to employee alcohol use” and that the harm to employee privacy and security of the person far exceeded the “limited” benefit arising from the random alcohol testing. As such, the need for the testing could not be justified.

On judicial review, the Board’s decision was set aside as unreasonable due to the dangerous nature of the workplace. The appeal was dismissed by the New Brunswick Court of Appeal, but was further appealed to the SCC.

The SCC’s Ruling

The Majority

In a ruling that divided the SCC 6 to 3, the majority applied a reasonableness standard of review to the Board’s decision, concluded that the decision had been a reasonable one and, therefore, upheld it.

The majority discussed the scope of an employer’s unilateral rule-making authority under a collective agreement, citing with approval the well-established KVP test, which provides that “any rule or policy unilaterally imposed by an employer and not subsequently agreed to by the union, must be consistent with the collective agreement and be reasonable”. The majority agreed with the Board that in the absence of satisfactory evidence of enhanced safety risks due to alcohol use – such as workplace accidents or a general problem with substance abuse among employees – the mere fact that a workplace is inherently dangerous cannot (on its own) justify the significant intrusion that random alcohol testing has on employee privacy. The majority concluded that the Board’s decision had been reasonable and allowed the appeal.

The Dissent

The dissenting opinion is worthy of comment.

The dissent, too, adopted a reasonableness standard of review but took issue with the majority’s approval of the evidentiary standard adopted by the Board, which was more stringent than that used in previous arbitration cases on the reasonableness of an employer’s random alcohol testing policy.

The dissent noted that there are important differences in the principles adopted in the arbitral case law with respect to random alcohol testing policies, random drug testing policies and policies that provide for reasonable cause drug and alcohol testing. The consensus regarding random alcohol testing policies in the arbitral case law, the dissent asserted, is that the employer must “demonstrate evidence of an alcohol problem in the workplace” – the requirement is not, as the Board had applied (and which the majority adopted), that the employer provide evidence of a “serious” or “significant problem” related to an actual alcohol-related experience of accident, injury or near-miss in the workplace.

Since the Board departed from the arbitral consensus without any explanation of its reasons for doing so, the dissent argued that the Board’s decision fell outside a reasonable range of outcomes and therefore ought not to have been followed.

Key Takeaways

While Irving does not produce an ideal result for employers who understandably see the safety and deterrence benefits that random alcohol testing provides, it is important to stress that Canada’s highest court has not prohibited such testing in its entirety. Rather, employers with dangerous operations who wish to unilaterally impose such a policy must adequately justify and substantiate the policy’s reasonableness through verifiable evidence that the workplace in question has problems with alcohol use. Testing where there is reasonable cause, post-incident testing and testing as part of a return to work generally remains permissible at Irving.

Nonetheless, the SCC’s decision leaves uncertainty regarding the quantum and nature of evidence that will be satisfactory to establish the reasonableness of a random alcohol testing policy. In light of such uncertainty, employers should continue to carefully document drug and alcohol-related incidents (and, indeed, all safety incidents) in the workplace and seek union consensus where possible. While we do not believe the SCC expects an actual serious safety incident to arise before a random alcohol policy will be reasonable, employers would certainly have preferred that the following passage from the dissent carried the day:

…to require that an employer tie alcohol use to actual incidents at the mill… is not only unreasonable, it is patently absurd. The arbitral cases recognize that evidence of alcohol use at an inherently dangerous facility such as the Irving mill — where the impact of a catastrophic failure could extend well beyond the safety of workers — is “a problem” enough.

This blog offers our perspectives on the latest legal developments applicable to the workplace. It provides our insights on legislative and regulatory developments, as well as new case law, while providing practical tips for employers and their human resources professionals when managing the workforce.

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Workplace chemicals: know what's in store

It is essential to know what chemicals you have in your workplace. A chemical inventory is a fundamental piece to your chemical safety program and is your first step towards chemical safety compliance - whether it's WHMIS training, environmental reporting, or emergency planning. This podcast discusses how to create a workplace chemical inventory program or take steps to improve an existing one.  

Date: July 4, 2013

Availability: On Demand – Listen to it now!

File Size: 3.48 MB

Length: 3:48 minutes


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New CANWrite GHS

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Falling steel kills male pedestrian, 32, in downtown Montreal

MONTREAL, QC (The Canadian Press)

A huge slab of steel broke free from a front-end payloader in downtown Montreal on Monday, fatally slamming into a 32-year-old pedestrian.

''He was hit by a big metal plate, he was severely injured and he was quickly taken to hospital where he was pronounced dead shortly after his arrival," said Montreal police spokeswoman Anie Lemieux.

Lemieux confirmed the plate was being moved at the time. She also added that the workplace accident near the Bell Centre is being investigated by Quebec's health and safety board.

According to a safety board official, the mishap occurred while an excavation company was operating a mechanical shovel that was transporting a steel plate.

"The hook that was preventing the plate from sliding opened,'' Fanny Geoffrion said in an interview. "Something happened to the hook ...and the plate fell on the pedestrian.''

She said the board will continue its investigation and make public its report in six months.

The tragedy occurred as thousands of Quebec's construction workers began returning to their jobs following their traditional two-week summer vacation period.

Coincidentally, the health and safety board had issued a statement just a few hours before the death to remind some 160,000 construction workers to be vigilant on the job.

There were 7,537 accidents in Quebec's construction sector in 2012, with 42 per cent of them taking place between the busy months of August and November.

Copyright (c) 2013 The Canadian Press


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