Clear Path Blog

In an effort to demonstrate how regular inspections and hazard identification can really help employers to prevent workplace incidents, in this blog we decided to interview Clear Path's Health & Safety expert, Denise Williams CRSP.  We asked Denise to review two recent convictions found on the Ontario Ministry of Labour court bulletins posted on their website.   Denise shares her tips on how to prevent workplace injuries by placing more importance on inspections and recognizing hazards.  We hope these tips will help you avoid incurring similar charges from the Ontario Ministry of Labour like the companies listed in the scenarios below.

Scenario #1

Toronto, ON - Res 2000 Structures Inc., a Cookstown constructor, was fined $160,000 for a violation of the Occupational Health and Safety Act after a worker was killed. On March 12, 2010, workers were installing formwork and concrete at a building project in Toronto when a worker fell about 10 meters through an opening in a concrete slab. The worker died as a result of the fall.

A Ministry of Labour investigation found that the opening's protective floor covering, which was unmarked and unsecured, had been removed before the worker fell through.

Res 2000 Structures Inc. pleaded guilty to failing to ensure that the floor covering completely covered the opening in the work surface, was securely fastened and was adequately identified as covering an opening.

We asked Denise, "Would regular workplace inspections have identified this issue?  Why are inspections so important"

" Definitely!  If this workers on this site were performing regular planned supervisor inspections they should have been able to identify hazards like the one above, implemented a control to neutralize the hazard and prevent an injury and potentially the fatality in this case.  Regular workplace inspections and hazard identification:

• Confirm safety/controls are in place and working
• Discover new hazards, since the workplace is constantly changing
• Help you get to know your workplace better, work safer and make you a better inspector

Employers, Supervisors AND Employees have a general duty to do everything reasonable in their workplace to protect everyone's health and safety.  To build a culture of safety between this Internal Responsibility System (IRS), it is also of outmost importance to be completing unplanned inspections, and "eating and breathing" the concept of controlling hazards."

Scenario #2

Hamilton, ON - Triple M Metal Corp., a Brampton company that recycles metal, was fined $75,000 for a violation of the Occupational Health and Safety Act after a worker was injured. On May 25, 2010, at the company's facility in Hamilton, a worker was using a torch to cut a railcar coupling. The coupling contained a cylinder that held compressed hydraulic fluids. The torch pierced the cylinder, allowing the hydraulic fluids to escape and ignite. The worker suffered second and third degree burns.

A Ministry of Labour investigation found that the company's procedures to identify hazardous materials failed to ensure that objects containing compressed hydraulic fluids were not cut using torches.

Triple M Metal Corp. pleaded guilty to failing take the reasonable precaution of having a safe procedure to ensure that objects being cut contained no hazardous materials.

We asked Denise, "Can you help us understand what hazard identification is and how this might have prevented this unfortunate incident?"

"Hazard recognition is a documentation process that is required during your workplace inspections (daily, weekly monthly, annually etc) to ensure ALL areas of the workplace are safe and continuously maintained. The documentation can be done in a variety of forms:

• Accident Investigation Reports
• Workplace Inspection and JHS Reports
• Process Downtime Sheets
• Reviewing work conditions to ensure no new hazards
• Pre work inspection of machines and materials in the workplace
• Hazard types (liquids, solids, gases, dusts, vapors, mists)

In this case having a documented Hazard Recognition process would have ensured this worker checked his workstation and materials prior to utilizing tools or equipment that might cause a workplace incident.  Keeping your policies and procedures up-to-date, training your workers and supervisors on how to keep your business a safe place for everyone to work will help you avoid workplace injuries and Ministry of Labour visits by identifying exposures in your workplace."

The Ontario Ministry of Labour posts court bulletins on their website in regards to convictions and violations of the Ministry of Labour.  http://www.labour.gov.on.ca/english/  

If you are concerned that you might be next on the MOL's hit list, join Denise as she presents more real world tips and strategies during Clear Path's Incident Investigation and Safety Inspections learning sessions coming up on Tuesday May 8th 2012. 

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April 28^th is the National Day of Mourning in Canada, to commemorate workers whose lives have been lost or injured in the workplace.

The National Day of Mourning was officially recognized by the federal government in 1991. At present time about 80 countries around the world recognize April 28^th as their National Day of Mourning for lost or injured workers.

Businesses are asked to participate in this day by declaring April 28^th as their day of mourning and observe a moment of silence. The goal of this annual observance is to create awareness about the importance of Health & Safety Programs in the Workplace and establishing safe work conditions for all. The Canadian Centre for Occupational Health & Safety states: "It is as much a day to remember the dead as it is a call to protect the living"

In 2010 there were 1014* documented workplace fatalities, which is an increase from 939 in 2009. This averages out to 2.78 each day.

Maintaining a "culture of safety" at your business is critical for protecting the wellbeing of your employees and for creating a productive, effective working environment. Not meeting the required standards can result in fines, lost productivity, direct involvement by the Ministry of Labour and WSIB in your business, and worst of all, injury or death of your workers.

Clear Path recommends the following tips for implementing and managing your Health & Safety Program:

• Create and Maintain a written health and safety policy and program
• Ensure that your company complies with the Occupational Health & Safety Act and Regulations
• Documented system for identifying, reporting and responding to hazards
• Establish safe practices, procedures and controls for the hazards identified
• Provide training to all employees: managers, supervisors and workers
• Communicate regularly with employees about foreseeable health and safety hazards
• Allocate adequate time and resources to the health and safety program
• Monitor and audit your program on a regular basis

Be sure to join us on May 8^th, where we will be discussing in detail two very important tools in establishing safe conditions in the workplace. 

• Incident Investigations- 9:00am-12:00pm
• Safety Inspections - 1:00pm-3:00pm

*Fatalities accepted in 2010 according to "Number of Fatalities, by Jurisdiction 1993-2010" summary table, statistics from the Association of Workers Compensation Boards of Canada

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"Every day in Ontario, nearly 50 young workers under age 25 are injured or killed on the job. Research shows that both young and new workers are four times more likely to be injured during their first month of employment than at any other time." [source]

Health and Safety Ontario recently published a great article summarizing the results of the blitz. Click here to access the article. We have summarized below.

Recently the Ministry of Labour released the results of their 2011 "Young and New Workers Blitz"results. The blitz took place between May 2011 and August 2011. About 3000 workplaces were visited and over 10,000 orders were issued. 214 of those were stop work orders.

What was this blitz focusing on?

1. new young workers from 14 to 24 years of age
2. new workers aged 25 and older who have been on the job less than six months or reassigned to a new job
3. checking whether these workers are properly instructed, trained and supervised, are working in accordance with the requirements of the Occupational Health and Safety Act, and meet the minimum age requirements prescribed for the work they are doing.

The three sectors issued the most work orders were Retail, Restaurants, and Tourism, Hospitality and Recreational Services.

Read the Top 10 most frequently issued orders relating to the failture to:

1. take reasonable precautions to protect the health and safety of workers
2. prepare and review a health and safety policy and develop a program to implement the policy
3. maintain equipment in good condition
4. provide workers with information, instruction and supervision to protect their health and safety
5. post a copy of the act in the workplace
6. have a health and safety representative
7. assess the risk of workplace violence
8. have a workplace violence and harassment policy in place
9. conduct workplace inspections by a health and safety representative or JHSC member
10. comply with machine guarding and lockout requirements

Ontario Ministry of Labour "Young Workers" Resources

• What Young Workers Should Know
• New and Young Workers: Keeping them Safe
• Stay Safe on the Job Poster

Source: http://www.healthandsafetyontario.ca/Resources/Articles/WSPS/2011-young-and-new-worker-blitz-results.aspx#ftn1

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An article published by the Labour and Employment Group and McCarthy Tetrault highlights a decision of the Ontario Divisional Court in regards to an employer's obligation to report critical injuries and fatalities to the Ministry of Labour (MOL)

This decision centered around Blue Mountain Resort in Collingwood Ontario when on Decemer 24, 2007 a guest at the resort drowned in a swimming pool located on the resort property. Blue Mountain did not contact or report the incident to the MOL, believing that because the incident involved a guest at the resort and not one of it's workers, and that the swimming pool was not supervised at the time, the accident was not a workplace accident that need to be reported to the MOL.

Read on in the article to find out the concequences of not reporting the incident and what the term "employer's obligation" means under the broad definition of "workplace".

Source article: The Broad Scope of an Employer's Obligations to Report Critical Injuries: The Blue Mountain, Resort Case: Author: Daniel Pugen, Ben Ratelband

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Over the holidays there were several news stories about workplace fatalities and in one case workplace violence.  Reading these stories is a reminder to us all about our responsibilities as employers to provide a safe and healthy workplace for our employees.  A good health and safety program provides a clear set of guidelines for activities that if followed diligently will reduce accidents. The key to a successful program is the matter in which it is implemented and maintained.

Accident #1

• December 14, 2011, Toronto ON - Security guard was struck by a motor vehicle while on break in the company’s parking lot.
• Motorist fled the scene leaving the victim knocked to the ground. Subsequently the security guard was then struck a second time by a reversing company tractor trailer. -The security guard was pronounced dead at the scene. 
• Since this incident originally began with the security guard being struck by the motorist and not the truck it became a Toronto Police investigation, however once that investigation is complete the Ministry of Labour (MOL) will step back in and check for any possible violations under the Occupational Health and Safety Act.

Accident #2:

• December 20, 2011, Milton ON - A 28 year old construction worker was killed on the job while doing renovations at a mushroom farm. He was run over by a front-end loader. 
• He was pronounced dead at the scene.

Accident #3

• December 28, 2011, Kitchener ON -The Ministry of Labour is investigating the death of an 11 year old boy while he was working at his family’s local meat, produce and baked goods market
• The boy suffered a fatal head injury when riding in an elevator between the basement storage area and the main floor of the business.
• The MOL has determined that the apparatus that the boy was injured on is not a standard elevator and was more of a “makeshift” device that is often used by other workers as well. Investigation is ongoing

Accident #4 (Workplace Violence)

• December 28, 2011, Toronto ON - An argument broke out between two employees (one male, one female) in the kitchen of a restaurant in Chinatown.
• Male worker stabbed the female worker in the neck. The woman died after several days in the hospital.

A workplace fatality may be the single most hardest thing for an organization to deal with. All of these incidents showcase how important it is to have a solid Internal Responsibility System (IRS) working together to ensure the safety of employees, specifically:

• Management providing a safe environment and setting standards for health and safety.
• Front Line Supervisors taking the responsibility for communicating the standards, monitoring the enforcement of them as well as inspecting the work area and removing any hazards.
• Employees ensuring they are complying, participating and raising safety concerns to the management when necessary.
• And last but not least having a Joint Health and Safety Committee that is entrusted with the authority to  monitor this system of Internal Responsibility.

Although some fatalities in the workplace may not be preventable, ultimately, organizations who use a proper hazard assessment process to identify and deal with hazards in the workplace have a better chance of avoiding these kinds of incidents.  As of June 15, 2010 Bill 168 legislation took this obligation further by requiring  Ontario businesses to take steps to protect their employees from workplace violence and harassment, including threats of domestic violence.

If you have questions about how to engage your leaders so they take their due diligence responsibilities seriously or with Bill 168, Joint Health and Safety Committees or any health and safety concerns please contact Anna at anna@clearpathemployer.com or by phone at (519) 624-0800.

News: Ontario Ministry of Labour starts off 2012 with Safety Blitzes

February is scheduled to be a month long inspection blitz on musculoskeletal disorders (MSDs).  The inspections will focus on manual material handling in the industrial, construction, mining and health care sectors. This will be the third time this type of inspection has been initiated.  During last year’s 3,550 visits 8,851 orders were handed to organizations. The most common were problems pertaining to training, maintaining equipment, keeping floors free from obstacles, materials handling and employers not taking every precaution reasonable under the circumstances to protect their workers.

What is an MSD?

Musculoskeletal disorders are a type of injury prone to individuals working in every sector involving manual material handling and repetitive movement.   MSDs are injuries that involved the muscles, nerves, tendons, ligaments, joints, cartilage or spinal discs. They result from forceful exertion, awkward body positions, hand arm and whole-body vibrations, contact stress and repetitive tasks. It can take time for MSDs to develop and can lead to chronic back pain, shoulder problems, carpal tunnel syndrome etc.

What is the impact of MSDs in Ontario?

• MSD claims account for 44% of all lost time
• MSD claims account for 44% of all lost time days
• MSD claims account for 41% of all lost time claim costs
• 913,000 losts work days
• 28,000 WSIB claims worth $112 million

How should I prepare for my visit?

Employers are required by law to take every reasonable precaution to protect workers from hazards and injury.  There are steps you can take to prepare for your visit, and ensure you are meeting your obligation to provide a safe workplace for your employees.

•  Familiarize yourself with the MSD hazards in your workplace
• Perform a workplace audit to identify the hazards
• Have documented information publicly available that explain strategies for preventing MSD injuries.
• Offer training to your employees that provides tools on recognizing MSD hazards and prevention tools (ex. Proper lifting techniques, avoid working on the floor, avoiding storing objects too high, encouraging more trips with lighter weight load as opposed to less trips with a heavier weight load)
• Consider implementing ergonomic principles to reduce repetitive or forced movements and fixed or awkward positioning
• Implement a health and wellness program that focuses on exercises to reduce MSD injuries as well as a positive healthy work environment
• Evaluate your program for preventing MSD injuries for their effectiveness. (Ex. Establish a feedback program from your employees through your JHSC)

Inspectors will be reviewing your JHSC, written procedures and training on MSD hazards, signs, symptoms and controls, how your workplace measures up under the Internal Responsibility System and your MSD statistics. Don’t get caught making excuses! Be prepared for your inspection by performing your due diligence and ensuring a safe workplace that has standards in place for the prevention of musculoskeletal disorders.

If you require assistance in this area, please don’t hesitate to contact us by phone (519) 624-0800, or email anna@clearpathemployer.com.  Our next learning session on Leadership Safety: 101 would also be beneficial to obtain a comprehensive overview of due diligence, Health and Safety and the law, inspections, investigations and incident reports.

 Sources:

Blitz Results: Preventing Musculoskeletal Disorders (2010), Ontario Ministry of Labour, www.labour.gov.on.ca/english/hs/sawo/blitzes/blitz_report23.php

www.healthandsafetyontario.ca

 Blitz Results: Preventing Musculoskeletal Disorders (2010), Ontario Ministry of Labour,

www.labour.gov.on.ca/english/hs/sawo/blitzes/blitz_report23.php

As a part of the Safe at Work Ontario initiative launched in June 2008 the Ministry of Labour will be conducting inspections on racking and storage facilities used by workers in industrial workplaces across Ontario.  Inspectors will be checking whether required precautions are being met by all who work in and around racking systems, in accordance with the Occupational Health and Safety Act.

What areas are being focused on?

1. Installation and Selection

• Employers need to determine if they need to conduct at Pre-Start Safety Review. This is not required if you have documentation that the rack was designed and tested in accordance with current applicable standards. [Reg. 851 subsection 7(7)]

• **A Pre-Start Health and Safety Review includes a written report on the construction, addition or installation of a new apparatus, structure, protective element or process, or modifications to an existing apparatus, structure, protective element or process.[Ontario Ministry of Labour, Guidelines for Pre Start Safety Review April 2011]

 2. Condition, Maintenance and Repair

• Employers are responsible for the proper good maintenance of racking by replacing and repairing damaged components.

3. Use of Racks

• Ensure loading and unloading is conducted in safe manner

• Employees should be provided with information, instruction and supervision

It is also a good idea to make sure the work area is in safe condition. Be sure aisles are free from obstructions, your pallets are in good condition (no nails or broken pieces of wood that could injure someone) and that the lighting is adequate. If natural lighting is not adequate consider artificial lighting sources to ensure worker’s safety.

The best way to be prepared for your inspection and to maintain a safe work environment for your workers would be to continually provide your workers with training on:

• Manufacturer loading recommendations

• Procedures to report damaged racking

• Safe operation of mobile equipment (forklift, pallet trucks)

• Regular daily inspections of racking

If you have any questions or concerns regarding Health and Safety in the workplace contact Anna Aceto-Guerin by email at anna@clearpathemployer.com or 519-624-0800 (Toll Free 1-800-253-2704)

[Source: Ontario Ministry of Labour Racking and Storage Safety October 2011]

How Prepared Is Your Business for an Emergency?

May marks “Emergency Preparedness Month” in Canada. This annual event is meant to raise awareness of having an emergency safety plan ready and to highlight areas of risk.

It should also prompt business owners to consider what they would do if faced with an unexpected event - whether it is a violent situation or a catastrophic event like a natural disaster that shuts down your business. You may have established a disaster recovery plan for your business and its assets– including contacting vendors, ensuring inventories are not lost, and locating alternative locations to do business. But have you considered your most important asset?

Ensure you have a plan for your “Human Capital”

Many businesses fail to create a plan for their most important asset – their human capital. What should your employees do in such a situation? How will you know they are safe? Who should they contact? What is your chain of command? How will you distribute information to them? It is important to have a written plan (ready to be executed at any time) on exactly what you expect from your employees for at least 3 days.

The Ontario government has some tips on helping you prepare for an emergency situation at work:

·         Step 1: Learn About Hazards at Work

·         Step 2: Learn How You Will Be Informed Of an Emergency

·         Step 3: Workplace Emergency Plan

·         Step 4: Develop a Communication Plan

·         Step 5: First-Aid/CPR Training For Staff

·         Step 6: Prepare a Workplace Emergency Survival Kit

·         Step 7: Practice and Maintain Your Plan Kit

·         Step 8: Learn How to “Evacuate”

·         Step 9: Learn How to “Shelter-In-Place”

·         Step 10: Consider any Special Needs

More details can be found at http://www.emergencymanagementontario.ca/english/prepare/atwork/atwork.html.

What can Clear Path do for you?

Clear Path can help you create an emergency preparedness plan for your people. In addition, other areas where Clear Path can help you pro-actively manage some other human capital risks, include:

• Ensuring your business is compliant with Bill 168 legislation (Workplace Violence & Harassment)
• Developing and implementing Health & Safety policies & procedures
• Training your staff on how to perform an effective accident investigation
• Implement strategies to retain your “key” employees and develop succession plans for all
• Serve as an "on-demand" resource in the event of a MOL visit or other similar situations

Intro to Health & Safety for Small Business Owners Learning Session:

You are invited to attend this informative half-day session will help small business owners create a "culture of safety" within their company. Topics for discussion will include:

• What is the Occupational Health & Safety Act (OHSA)?
• What is meant by due diligence?
• Internal Responsibility System (IRS) - what does it mean and why does it matter?
• The worker's rights, role and responsibilities
• Work refusal rules under Bill C-45 and Bill 168
• The role of the Ministry of Labour
• New obligations for the employer under Bill 168 (Workplace Violence & Harassment)
• How to identify specific risks in your workplace
• How being proactive can help you avoid a WSIB Workwell Audit

Next steps:

In the meantime, if you have any questions or would like to book a complimentary one hour consultation with certified HR professional Anna Aceto-Guerin, don’t hesitate to contact us at (519) 624-0800 or by email at anna@clearpathemployer.com. Take a look at an example Emergency Preparedness in the Workplace Checklist by clicking here.

The WSIB recently released its list of Ontario companies identified for a Workwell Health & Safety Audit. The big news this year is that, contrary to previous practice, the WSIB has included a number of federally-regulated companies who were previously exempt from the audit.

The Workwell program was established by the WSIB to promote health & safety practices in Ontario by charging penalties to employers who do not maintain safe and healthy workplace environments.  The extensive audit measures 12 "elements" of health & safety and a company must achieve a grade of 75% in order to pass.

The WSIB states that 72% of companies fail their first evaluation and are then granted 6 months to prepare for a second evaluation. If a company fails the second evaluation, they are penalized between 10% - 75% of their annual WSIB premium.

Workwell identifies employers with: 

• Particularly poor accident records, and/or
• High accident costs compared to their rate group, and/or

• History of non-compliance with the Occupational Health & Safety Act

Note: Since 1999, the WSIB has not included companies that are federally regulated (including those in the trucking and transportation industries) on their annual Workwell audit list.

New in 2011:

Ken Langer, Assistant Director of the Workwell program, released a memorandum in March stating that contrary to previous practice, this year's Workwell list includes federally-regulated, Schedule 1 companies. His memo details the reasons behind this change in practice and why the WSIB is confident that recent court cases support this change in practice. To read Mr. Langer's memorandum, click here.

It is currently unknown whether any of the newly identified firms plan to challenge this ruling in the courts.

**Update in May 2011!

TORONTO – The Ontario Trucking Association (OTA) has learned that the Workplace Safety and Insurance Board (WSIB) has reconsidered the recent decision taken by the administrators of its Workwell program to conduct audits of federally regulated firms, including extraprovincial trucking companies. Heretofore, the WSIB will revert to its previous policy on this matter, meaning that federally-regulated companies will NOT be audited. Those carriers who have already been contacted about an audit will have that audit cancelled. Click here to read more in Clear Path's May 30, 2011 News Article

How Clear Path can help:

Being identified for a Workwell audit can be a stressful experience for an employer, whether they are federally-regulated or not. Clear Path is offering a quick survey for employers regarding Workwell audits and how we can help improve your score. Click here to check out our survey.

If you have any additional questions, please don't hesitate to contact Anna Aceto-Guerin at (519) 624-0800 or anna@clearpathemployer.com.