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April 2008
WSIB Reviewing the Experience Rating Program
Firms without proactive health and safety programs may forfeit their rebates
On March 10, the WSIB made two announcements:
one, that it is conducting a review of the Experience Rating program, and two, that effective immediately,
firms responsible for a workplace fatality, will no longer be eligible for a WSIB rebate for that calendar year.
The Experience Rating program is a cost-based incentive program designed to promote good health and safety practices,
early and safe return to work, and appropriate disability management practices. Employers receive rebates or surcharges according to their performance based on claims costs.
Under certain circumstances a company could have experienced a workplace fatality and received a rebate in the same year.
"I didn't realize that we were paying out those kinds of bonuses to companies that are breaking the law," said WSIB chair Steve Mahoney,
as reported in the Toronto Star on April 7, "and when I saw that, I said 'This is nonsense.' There has to be accountability." That gap is now closed.
As for the Experience Rating program, the review is intended to align the program with the WSIB Road to Zero. Here's what you need to know:
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The Experience Rating program currently awards rebates to firms who reduce their overall costs to less than projected.
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However, reduced costs do not necessarily mean a firm has an effective health and safety program in place.
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VRP applies to new employer registrations only.
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The changes to the program are likely to affect the minority of firms that hide claims,
bring people back to work on modified duties to improve their experience, and fail to promote proactive health and safety initiatives.
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The WSIB has indicated that the revised program will require firms to
demonstrate that their health and safety program is meeting the grade before they're eligible to receive rebates.
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Recommendations and decisions resulting from the review are expected in March 2009. The Advocate will monitor and report on any updates.
Sentencing for Workplace Death a First
Bill C-45 shows its teeth
A Quebec paving-stone company is the first Canadian organization to be convicted of criminal negligence causing the death
of an employee under Bill C-45 of the Criminal Code of Canada. Here's what happened and what it means for service sector firms in Ontario.
In October 2003, a 23-year-old employee of Transpave—-a family-owned organization employing less than 100 people—-was killed when the company's
guarding system failed and he was crushed by heavy machinery. It was later revealed that the young worker had not been properly trained to operate the machinery.
In December 2007, a court fined the firm $100,000 plus a $10,000 victim surcharge.
For the vast majority of Canadian employers, the incident simply serves as a reminder of the liabilities they are exposed to
if they fail to properly manage the risks to their enterprise and operate their business in a way that respects the value
of their people. In board rooms across Canada, directors and senior leaders have done a good job of making the health and
safety conversation front and centre and asking the difficult questions.
Here are a few highlights that will be of interest to Advocate readers:
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A Canadian law firm has summarized the two-step formula that Bill C-45 uses to determine the guilt of an organization:
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Failure of any "representative" of the organization to take "reasonable steps to prevent bodily harm." |
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Proof that a "senior officer" failed to ensure due diligence of occupational health and safety. |
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To reduce risk, organizations need to ensure that they:
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Develop, implement and audit an effective occupational health and safety management system that complies with the Ontario Occupational Health and Safety Act. |
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Prevent workplace-related injuries and illnesses (a conviction under Bill C-45 requires that there be "bodily harm"). |
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Some law firms believe the fine would have been higher had Transpave not invested several hundred thousand
dollars in safety improvements to avoid similar accidents in the future, and had it not been such a small company.
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The Ontario Prevention System Intervention Initiative Replaces MOL Last Chance and High Risk
11,000 service sector firms selected for special attention
A new WSIB intervention initiative has replaced the Last Chance and High Risk initiatives with a single,
combined program using new criteria. The campaign launched at the beginning of April.
The updated risk assessment model once again confirms that the service sector presents both significant and persistent risks to employees.
More than 11,000 service sector firms are on the list, with 6,100 of them referred to OSSA for assistance. Are you on the list?
The big news is that the criteria has changed, significantly. Instead of selecting firms based on a comparison
with their industry or rate group average, the new program selects firms based on their own track record; for example, you're on the list if your firm:
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Has results that are lower than the industry or rate group average, but is trending upward in terms of its own track record.
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Is improving its record, but not as quickly as the industry average.
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Had a workplace-related injury or illness in 2006.
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The initiative also:
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Reduces confusion by using WSIB data to select firms that employers are already accustomed to seeing on their WSIB statements;
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Takes a gentler approach by emphasizing prevention; i.e. it seeks to have a conversation with firms
who have experienced an incident and offers assistance in an effort to prevent another incident from happening.
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Focuses on the three highest, most costly hazards in Ontario: falls, MSD injuries, and being struck or caught in machinery.
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More information on the new intervention strategy will appear in the summer edition of The Advocate.
Ontario Bill 29 Receives First Reading
Protects workers from harassment and violence
Canada ranks fourth in the world for workplace aggression, with certain factors common to the service sector—working
with the public, providing services, serving alcohol, or working alone—putting people at increased risk.
Proposed legislation in the form of Ontario Bill 29 would require employers to take additional steps to protect workers from harassment
and violence in the workplace.
The new bill would protect workers from harassment and violence in the workplace whether perpetrated by employees,
clients or other individuals the employer might serve. According to the Business Insurance web site, it would require employers to:
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Develop and deliver regular harassment and violence prevention training to employees
(including those who exercise managerial functions), and mandate employee attendance at training sessions;
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Investigate allegations of workplace harassment or violence;
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Identify the source of harassment or violence and remove the source if necessary;
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Ensure adequate steps are taken to prevent and remedy the effects of the harassment or violence;
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Compensate victimized workers for any absences related to the harassment or violence that are not compensated through the workers compensation system.
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Violence in the workplace is a burning issue for Minister of Labour Brad Duguid, and it is expected that we will see further focus on this topic
later in 2008. Keep an eye on "Popular Topics" at the bottom right section of the MOL web site for updates.
More information:
The Answer is "Yes"
OSSA to expand safety groups in 2009
Service sector firms interested in joining one of OSSA's service sector safety groups for the tremendous benefits it offers,
will be pleased to know that recruitment begins this summer for new safety groups to be launched in 2009 when OSSA expands
its offerings across the province. Foodservices—based on initial interest from the business community—might be first in line for lift-off.
OSSA's inaugural Safety Group has attracted 38 companies representing 66 auto dealerships and hotels—surpassing the goal for these two groups,
and reflecting positively on the participating firms and their commitment to improve the management of their health safety in their workplaces.
Safety Group members understand that health and safety is not a competition, and that by sharing their leading health and safety best practices,
pooling resources, and improving their health and safety system, they can:
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Focus more of their attention on growing their business;
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Earn collective financial rebates from the WSIB (an average of 3.2 per cent of their annual WISB premiums in 2006);.
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See a reduction of over 20 per cent in their injury frequency;
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Decrease their premiums paid.
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If you have questions about joining an OSSA Safety Group, contact John Aird at (905) 614-3001.
Big Boost for Prevention of Sprains and Strains
MOL unveils its prevention toolbox
Half of all working days lost due to injury are a result of workplace pains and strains,
creating huge financial costs for employers and serious and disabling injuries for workers.
Firms that wage a daily war against workplace-related musculoskeletal disorders now have a wealth of
free knowledge and tools available to evaluate and respond to these issues.
In February, the Occupational Health and Safety Council of Ontario and the
Centre of Research Expertise for the Prevention of Musculoskeletal Disorders (CRE-MSD)
launched
the MSD Prevention Toolbox,
containing information sheets, sample surveys, hazard identification tools and control strategies.
The toolbox is the third and final component of the MSD Prevention Series—a program aimed at helping Ontario employers and employees reduce
the number of MSDs in their workplaces. The series also includes:
The MSD Prevention Guideline for Ontario
and the Resource Manual for the MSD Prevention Guideline for Ontario.
The MSD Prevention Series has been developed for use by workers, employers,
joint health and safety committee members, health and safety representatives, unions and associations.
In support of the MSD initiative, OSSA has developed two new Safe Lifting Training Programs – one for employees and one for supervisors.
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Employee session: includes information on safe lifting guidelines,
reviews five lifting techniques and provides interactive hands-on practice.
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Supervisor session: provides supervisors with additional information that equips
them to apply the knowledge back in the workplace through regular reinforcement of the safe
lifting guidelines and techniques, conducting safety talks and tools for use in the workplace such as checklists, posters and a video.
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If you would like help addressing MSDs in your workplace:
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Call the Client Services line at 1-888-478-6772 to book a Safe Lifting Training session, or ask for more information;
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Visit the OSSA web site and download the MSD Prevention Series, articles and other resources.
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Man of Action
Tom Beegan in Conversation with the OSSA Board of Directors
Tom Beegan was appointed Chief Prevention Officer of the Workplace Safety & Insurance Board (WSIB) on February 1, 2007.
He previously served for five years as Chief Executive of the Health and Safety Authority in Ireland, during which time
he developed and instituted the most modern occupational safety and health legislation in Europe; implemented a smoking ban in all workplaces;
and integrated occupational health and safety into the national education curriculum.
On February 12, 2008, Tom joined the OSSA Board of Directors to share his view of the issues driving Ontario's new Prevention Strategy,
part of the WSIB's Five Year Strategic Plan 2008-2012, called the
"Road to Zero."
The strategy will affect us all. Find out more about what's behind it and the man who's shaping it.
What Ontario has that lured Tom from Ireland
Ontario and the WSIB had indicated that this province could have the healthiest and safest workplaces in the world.
Nobody else had the guts to say that. I've sat at the table with our prevention partners, business and labour,
and the one thing everyone agrees on is that we must and can achieve this. This is a province of articulate, educated people,
which in many respects defines a Canadian. It's about believing in what's right: a quality that is recognized around the world.
We also have some of the best modern technology, research and innovation in Ontario. To me, an obvious extension of all
this is to hear people say that we can and will have the healthiest and safest workplaces in the world.
The numbers: the good and the ugly
When we look at the approximately 230,000 firms that are insured with the WSIB in any one year, there's an interesting statistic:
80 per cent of them had no health and safety-related incidents in 2006. And a number of sectors have no fatalities.
So some people are doing it right. Yet clearly we're not doing enough. The fact that in 2007 over 100 people lost their lives,
that another 230 people died from occupational-related disease, that every day we received about 1,400
claims from people have been injured on the job, and that tragically more than 17 people have died already this year from
workplace-related incidents in Ontario…it's not good. It challenges our very fibre.
The fabric of a human being
We continue to see stubborn resistance to change on things like musculoskeletal disorders.
We continue to see falls and injuries related to contact with machinery.
Contact with machinery has been an issue since the industrial revolution and we still haven't licked it,
yet we can put people on the moon. So for me, when we talk about measuring our performance,
in many respects we're trying to measure the fabric of the human being—the principle that people
will fight for: their determination not to do something because it might injure someone else or themselves.
Hazards that can't be seen
The knowledge economy is moving us toward video screens, keyboards, repetitive strain.
We're also moving toward hazards that can't be seen, such as dangerous chemicals where the odour has been removed,
and such as stress, bullying, harassment. How should we deal with these?
As long as we have the human race, these issues will be with us. But they are there to be solved,
and they can be solved. And people are solving them.
Through the lens of vulnerable workers
In all of what we do, we need to see through two lenses. One is the employer. The other is the vulnerable worker—the fellow who's
lost his job and goes into construction. He's not as good as he thought he was, physically, but this is where he can get work
and he needs an income. It could be the person from another country who may not have English as a first language.
Or the woman working for a temp agency who will damage her back tomorrow because she's been asked to move something heavy
and doesn't feel she can say anything: she needs the money and there are ten more ready to take her place.
The world of small business
In the service sector, we have probably the higher proportion of micro-enterprises and small businesses.
When we talk to them about internal responsibility systems, health and safety management systems, risk assessments, control measures,
data sheets, WHMIS… they haven't got the time and it doesn't resonate in their world. The WSIB has got to position itself—and
we're moving in that direction—as a business partner. You can be both profitable and safe: they are linked. We need to be able
to communicate in ten seconds how health and safety is relevant. Then we have to coordinate and integrate our products and services
so we're easier to do business with.
The road to collaboration
I will be meeting with the other boards [of Ontario health and safety associations] to look at presenting opportunities.
At the end of the day, it can only be by collaboration, understanding and challenging one another that we will meet the hard
targets we've set: 35 per cent reduction in lost-time incidents over the next five years. I hope we exceed that; I believe we will.
We're clear about where we want to go. We might argue a little bit about what's the best way to get there, but it's beneficial to have
these types of conversations. I view my relationship with OSSA and the other health and safety associations as a genuine partnership.
The Latest Health & Safety Violations for Service Sector Firms
Opportunities to learn from others
Every month, organizations take an entirely preventable hit on their bottom line when they are fined tens of thousands of dollars for violations
of the Occupational Health and Safety Act that injure or kill Ontario workers. In recent weeks, one person died,
three more were seriously injured, and countless people were put at risk in Ontario's service sector...
Don't mess with the Ministry of Labour
Ion Cenuser, a plumbing contractor in Kitchener,was sentenced to seven days in jail and fined $3,000 for
pushing a Ministry of Labour health and safety inspector who was
visiting a Toronto construction site. The inspector was inquiring why
two workers were not wearing head protection, and why Ion Cenuser was
not wearing protective footwear, when Cenuser shouted and swore at the
inspector, and then grabbed and pushed him across the trailer. Cenuser
was convicted on a count of hindering, obstructing, molesting or
interfering with an inspector in the exercise of a power or the
performance of duty under the Occupational Health and Safety Act.
The point is...
Inspectors have more authority and power than that of a
police officer, and even though they do not carry handcuffs or a
firearm, can have people obstructing them forcibly removed and/or
arrested. Furthermore, they do not require a warrant or other notice in
order to inspect a workplace, remove evidence, or even immediately shut
the workplace down due to failing to control unsafe work practices and hazards.
Great Events & Tents Inc., an event rental company in Windsor, was fined $50,000 for repeated failures to
comply with Ministry of Labour orders. Between June 7 and September 12, 2005, the Ministry of Labour repeatedly
inspected the company location as part of its High Risk Initiative, issuing dozens of orders for numerous violations.
The company failed to comply with several of the orders and the ministry laid charges. The company was found guilty, as an employer, of failing to:
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post a health and safety policy;
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provide instruction to workers on safe lifting techniques and proper material handling;
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provide a guardrail at an open side of a mezzanine storage area;
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provide an eyewash station;
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provide a material safety data sheet for controlled products.
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The point is...
Ministry of Labour orders are to be taken seriously. Although these orders seem somewhat simple and easy to comply with,
failure to do so resulted in a $10,000 fine for each one. Add on the 25% victim surcharge,
and it adds up to a $60,000 fine that goes against the company's bottom line. Not complying is not a profitable business decision.
Know your equipment-related responsibilities
DDM Plastics Company, which makes parts for the auto industry in Brampton, was fined $60,000 for a violation
that resulted in the injury of two workers. A worker was told to stand on a mobile ladder to manually remove and
lower materials from a storage rack. Normally, this would have been done using a reach truck, a platform on which
a worker stands to be raised and lowered, and to which he or she is tied using a fall-arrest system.
But on this day, the reach truck experienced mechanical problems and could not be used to complete the work.
The worker was attempting to pass a bumper down from the ladder stand to a co-worker below when the ladder stand became unstable,
tipped and sent both workers falling to the floor, sustaining injuries.
The company pleaded guilty to failing to ensure that materials were safely removed from a storage area, pile or rack.
The point is...
Firms need an effective preventative maintenance program to ensure that equipment (like the reach truck)
is properly maintained and operational. If equipment breaks down, then an iron-clad maintenance contract is also desirable
to ensure that equipment is serviced and repaired immediately. This reduces the amount of downtime at the facility,
as well as reduces the likelihood of workplace injuries.
Matthew Equipment Limited, operating as Hertz Equipment Rental of Etobicoke, was fined $95,000 for
a violation resulting in the death of a worker. The worker had offered to assist two delivery drivers from another company.
He climbed into the driver's seat of a motorized vehicle belonging to his company. In the process of moving the equipment,
the worker fell to the ground in the path of the machine, and was killed. An investigation found that the company had
failed to provide to the worker information, instruction and supervision on how to safely operate this equipment.
Super Pet, a pet supply company in Brampton, was fined $70,000 following the injury of a worker in a forklift accident.
The employee and a co-worker were moving supplies from store shelves onto a skid that was elevated on a forklift.
The worker was standing atop a platform ladder, having loaded four bags onto the skid,
and asked the co-worker to lower the forks and the skid. As the forks came down,
they came in contact with the top guardrail of the platform ladder, tipping it and causing it to fall.
The worker on the platform fell with it and suffered leg and arm injuries.
An investigation found that neither worker was trained in the use of the electrically powered forklift,
neither were they being instructed and accompanied by a competent person.
The store had a policy that the forklift was to be operated only by a certified operator.
The point is...
In this instance and the one above, failing to adequately train staff resulted in the serious injury of one person,
and the tragic death of another. Both of these could have been avoided with the implementation of a readily available training program.
Anticipate surprises before you renovate
Retirement Residences Genpar Inc. in Hanover, was fined $50,000 for failing to notify the
Ministry of Labour of an asbestos removal project. Maintenance workers removed a boiler from a boiler room,
which was insulated with an asbestos-containing material, chrysotile.
The point is...
When undertaking any renovations, it is important to anticipate what you may find when you begin
dismantling or disassembling walls or equipment. Asbestos, mould and lead may be just some of the hazardous materials you may find,
and operators must understand their legal obligations and reporting requirements in the event that any designated substances are found.
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5110 Creekbank Road, Suite 500,
MISSISSAUGA, ONTARIO, L4W 0A1
Client Services Line: 1.888.478.OSSA
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