ABOUT OSSA

I HAVE FEEDBACK

FACING MOL ORDERS?

SUBSCRIBE A COLLEAGUE


 
 

June 2009

ON THE MOL & WSIB RADAR

Ontario Government Introduces Violence and Harassment Bill
Lack of awareness about this prevalent hazard threatens employee safety


When
Queen's Park eventually passes Bill 168--it received its first reading on April 20--the Occupational Health and Safety Act will finally embrace another vulnerable group: people who are abused, bullied and harassed on the job. Find out what the legislation, if passed, will require employers to do; who's most at risk; and four steps you can take to address workplace violence hazards and stay ahead of the curve.

Statistics indicate that workplace violence is on the rise--supported by two recent news stories about workplace stabbings, one involving a security guard who chased a shoplifter who had allegedly stolen baby food at Zellers.

The Ministry of Labour reports that between April and September 2008, inspectors visited 198 firms and issued 185 orders related to violence in the workplace. Surprised? Don't be. It's more prevalent than many employers think--making lack of awareness the biggest threat to employee safety. Here's what you need to know.

Check out these highlights from Bill 168
Employers will be happy to know the amendment does not micro-manage. Rather it sets out general obligations for employers, supervisors and workers, allowing you to customize solutions to meet your unique needs. The proposed legislation:

  • Defines workplace violence as a physical act (or attempt at a physical act) that causes (or could cause) physical injury to a worker;
  • Defines workplace harassment as comments or conduct against a worker that are known (or ought reasonably to be known) to be unwelcome;
  • Requires employers with five or more employees to develop two written policies--one for workplace violence, the other for workplace harassment--and supporting programs;
  • Requires employers to take precautions related to domestic violence that could spill into the workplace;
  • Gives workers the right to refuse work if workplace violence is likely to endanger their well-being.

Know who's most at risk
Several work activities put staff more at risk of workplace violence than others; these include handling cash; looking after valuables; working with the public; working alone or with just a few people; working where alcohol is being consumed; and working late nights or very early mornings. Sounds a lot like the service sector, doesn't it? Roles worth looking at twice include:

  • Hotel staff who clean bedrooms
  • Fast-food servers
  • Convenience store clerks
  • Office workers who work late
  • Gas station attendants
  • Restaurant staff who close up at night
  • Staff who handle cash
  • And...youth!


  • Why youth? While every employee is at risk of workplace violence, no group is more so than young workers, who are prone to being heroes, convinced of their invincibility, and eager to please their supervisors. Channel some of your efforts here.

    Take four steps to address workplace violence hazards

    1. Provide regular, updated training so staff know how to quickly recognize, respond to and defuse aggressive people and situations.
    2. Communicate to help workers deal with workplace changes, particularly during the recession, to prevent build-up of tension and frustration.
    3. Design the workplace and your policies to reduce risk, such as keeping the facility well lit at night and introducing a buddy system. Some of your best ideas will come from staff: use OSSA's complimentary Employee Risk Assessment Questionnaire to find out what makes them feel uneasy on the job.
    4. Develop a policy that addresses the ten best practices of an effective violence prevention program.


    Check out two great OSSA products designed for the service sector
  • Self-paced Cert II Violence Hazards Workbook
  • Awareness training workshop on Working Alone



  • Read the full story at ossa.com to find out:
    • How the recession impacts workplace violence;
    • Ten tips on how to design an effective workplace violence and harassment program;
    • Four different categories of workplace violence;
    • What student-workers can tell you about their on-the-job experiences;
    • Ten best practices of an effective violence prevention policy;
    • Suggestions on how to customize your violence prevention program to your workplace, and eliminate surprises.


    Summer--The Best and Worst of Times for Young Workers
    MOL blitz focuses on youth at risk in June


    Workers of any age are up to four times more likely to be injured during the first month on the job than at any other time. That's why the
    Ministry of Labour is focusing its blitz in June on protecting young and new workers. Inspectors will be addressing five key areas of your health and safety program, and homing in on a wide range of service sector workplaces that particularly attract new and young workers. Are you ready?

    School's out and summer jobs beckon. Young workers, some of them entering the job market for the first time in their lives, start out eager to please and breathtakingly inexperienced.

    It can be a formula for tragedy.

    Between 2001 and 2008, workers aged 15 to 24 sustained 573 critical injuries. During that period, 27 individuals died as a result of workplace injuries--shattering the lives of families, friends and colleagues.

    If the MOL arrives at your door, will you be ready?
    You'll need to demonstrate that your young and new workers are properly trained, supervised and meet minimum age requirements. The MOL suggests employers ask themselves five questions to get ready:

    1. Is the workplace prepared for new workers? Are you in compliance with the Occupational Health and Safety Act? Do workers meet minimum ages for work, and do you have competent supervisors?
    2. Are new workers ready for work? Have you checked workers' prior education, experience and qualifications? Do workers know their rights and responsibilities?
    3. Is there comprehensive safety orientation? Have you showed new workers where to find health and safety instructions? Put emergency procedures and personal protective equipment in place?
    4. Is job-specific training well done and validated? Do workers understand the training you've provided before new tasks are assigned? Are your trainers competent?
    5. Are workers supervised adequately? Are your supervisors providing regular instruction and supervision?

    MOL zeroing in on the service sector
    The service sector is a magnet for young workers, especially during summer months. Inspectors will be homing in on a wide range of workplaces where new and young workers can be found; for example:

  • Retail stores
  • Wholesalers
  • Restaurants
  • Vehicle sales and service outlets
  • Hotels and other tourism outlets

  • For more information
    Check out these resources for insights and answers:

    • The MOL news release and backgrounder on the young worker blitz: check out "Headlines" or "News Releases" at www.labour.gov.on.ca
    • The WSIB Young Worker Awareness Program: www.ywap.ca
    • The Canadian Centre for Occupational Health and Safety (CCOHS) "Young Workers Zone": www.ccohs.ca/youngworkers
    • The Ontario Service Safety Alliance (OSSA): search on "young workers" at www.ossa.com.
    • Find out how being a workplace champion at one of Rob Ellis's "My Safe Work" Simulcasts events can reach thousands: www.mysafework.com.


    MOL Gearing Up to Target Slips, Trips and Falls
    MOL blitz will focus on this tenacious hazard in September


    Advance warning is a gift. The MOL is now posting its workplace hazard blitz schedule a year ahead of time, with slips, trips and falls slated for this September. Find out how this hazard hits your firm's bottom line--and what you can do before MOL inspectors come calling.

    Let the numbers do the talking
    Here are a few statistics to help put this hazard in perspective:

    • 60,000 Canadian workers are injured from slips, trips and falls each year--that's about 15% of all lost-time injuries across the country (CCOHS: Canadian Centre for Occupational Health and Safety);
    • In 2008, almost 19% of all workplace injuries in the service sector (3,259 lost-time injuries) were caused by slips and falls--each one preventable (WSIB data, March 2009);
    • For retail and wholesale, the new claim cost per lost-time injury is $16,110; in all other service sectors, it's $13,893 (see WSIB's 2008 Premium Rate Manual, page 565).
    With numbers like these, clearly slips, trips and falls represent a hazard that demands extra attention--especially since risks are even higher for the service sector; e.g. kitchens, retail outlets, vehicle repair shops and tourism workplaces.

    Anticipating what MOL inspectors are looking for
    For insight on what MOL inspectors will be looking for (and why), and for checklists that will help you strengthen your workplace control, download OSSA's slips, trips and falls check sheet; check out the self-paced Cert II Slips, Trips & Falls Hazards Workbook; and print off a copy of "Don't Fall For Workplace Injuries: Awareness is the Best Strategy."

    Blitzes on the horizon
    November and February will be here before we know it. Upcoming blitzes include:

  • Hazardous materials: November 2009
  • Fork lifts: February 2010


  • Contact OSSA with your questions.


    No Lost-time Injuries? MOL Inspectors May Drop In Anyway
    "Safe at Work" program leaves no place to hide


    It used to be that MOL inspectors would only visit workplaces where lost-time injuries and other statistics indicated there might be a problem with compliance--which lulled some employers with good results into resting easy. Well, they're not resting easy anymore. The MOL now conducts random inspections of organizations whose numbers would not normally put them on the radar. Find out what's happening, how you could be at risk, and what you can do.

    The MOL's "Safe at Work" program was announced in 2008, and replaces similar "targeted intervention" programs it has employed since 2004 under different names--you may remember the "High-risk," "Last Chance" and "High Opportunity Firms" initiatives, which focused on higher than average lost-time injury rate sand claim costs.

    What sets Safe at Work apart from its predecessors is a growing intolerance for firms flying below the radar--employers with unsafe conditions or unreported injuries.

    Do zero injuries equate to safe working conditions?
    The MOL is already making random inspections to determine the reality behind no reports of lost-time injuries. Are these firms:

    • In full compliance with no injuries?
    • Not in compliance with injuries waiting to happen?
    • Working unsafely with unreported injuries?
    We'll find out at the end of the MOL's fiscal year, which is March 31, 2010. In the meantime, what we know now is:
    • Relaxing your grip on health and safety, in spite of recessionary pressures, and in spite of no lost-time injuries, is not an option;
    • The best defense is an effective health and safety program championed by senior management, owners and operators.

    How Safe at Work works
    Here are some of the over-arching objectives of MOL's Safe at Work program:

    • As stated above, the MOL is not limiting its interventions to workplaces with injuries.
    • It is focusing on prevention by identifying workplaces and industries with known risks; for example, fast food outlets can expect visits during the young worker blitz in June.
    • The MOL works closely with its system partners--the WSIB and health and safety associations (HSAs), including OSSA--in what is called an "integrated approach" to referrals.
    • An integrated approach means MOL can refer workplaces to HSAs for training and consulting. If workplaces decline to work with the HSA, MOL inspectors may call.
    • MOL is focusing on compliance with the Ontario Health and Safety Act and evidence of a sustainable "internal responsibility system."
    • But it goes beyond compliance: the Ministry is also interested in a workplace culture that fosters health and safety because it is the right thing to do.
    The foundation of the MOL's Safe at Work program is that safe companies are Ontario's future, profitable, viable workplaces.

    Contact OSSA if you have any questions about your compliance within the context of MOL's Safe at Work program.

    EXTENDING YOUR REACH

    The Art of the Long View
    The future trumps the recession


    Take the quiz: What do these three groups have in common?

    • Social investors: a growing contingent of people who decide what stocks and mutual funds to include in their investment portfolios based on evidence that firms have an active social conscience and promote the well-being of society.
    • Millennials: the generational group (also known as Gen Y) who were born in 1982 or later--well-educated, busy shaping society, on most firms' recruitment lists, and passionate about personal safety, community action, and long-term planning.
    • Road to Zero advocates: the individuals, employers, trade associations and prevention system partners who know from experience that applying effort and resources to achieving zero workplace injuries and illnesses has both social benefits and tangible economic rewards.
    And the answer is...

    What these three groups share is membership in what author Tim Sanders calls the "Responsibility Revolution"--the "rise of a new value system" that demands a certain behaviour from companies before you will be allowed to be successful. As Sanders says in his new book, Saving the World at Work, this is not a revolution that can be ignored: "If you work in a company that is not socially responsible, whether it is a Fortune 500 company or a mom-and-pop operation, it will feel the impact on its profits and revenues..."

    Investors, consumers, employees, health and safety advocates--those proficient in the art of the long view are shaping the future. They understand that making employees' health and safety the centerpiece of a company's corporate social responsibility activities makes sense for two reasons:

    • One, because at its most fundamental level, advocacy--actions that bring about a just, decent society and improve people's lives--starts with the individual. It starts at home. We foster health and safety with our employees for the same reason we do it with our family members; to promote growth, well-being achievement and prosperity.
    • And two, putting staff health and safety first makes good business sense from the point of view of stakeholder relationships. According to two other authors, Don Tapscott and David Ticol in The Naked Corporation, transparency is both the best defense and offence in a world of growing scrutiny. "Wherever you look, employees are looking back at the firm. Every action by its leaders is scrutinized, analyzed, and judged, and the employees use the Internet and other communication tools to reach shared conclusions that directly affect morale and productivity. No firm can afford to ignore this voice."
    It's difficult to imagine a more fundamental, achievable, critical role for executive leaders than advocating, within their firms and without, for employee health and safety. It is the essence of human rights, and it resonates powerfully at both a corporate and social level.

    Indeed, the business case for health and safety resonates whether you're motivated by the bottom line, your reputation, or doing good for others.

    If you're a parent and employer, you're predisposed to "get it"
    A client shared a story with us recently during a dialogue on the achievability of zero injuries and illnesses in this province. He'd just hired his 17-year-old son to work at his family-run truck centre for the summer, and it led him to grasp the imperative of the Road to Zero in visceral way. "We take health and safety seriously and have always done our best," he said. "We don't want anyone hurt. But could you imagine if it was my son who was seriously injured or killed, and I had to go home and tell that to my wife?" He shuddered. "There'd be no place to hide. The buck stops with me."

    For more information on the Road to Zero, visit:

  • The WSIB Prevent-it page, which includes a copy of the vision and plan;
  • Stories about the Prevention System's changes to make the Road to Zero a reality.

  • Things are Heating Up
    How to make sure this doesn't include your people


    Many of us in the health and safety sector recall the fatality that occurred in Barrie in 2001 when a bakery worker died of heat stroke when temperatures in the workplace climbed to over 49 degrees. Temperatures don't need to climb nearly that high for heat stress to take its toll on people's health. Employers have a duty under the
    Occupational Health and Safety Act (section 25(2)(h)) to develop hot environment policies and procedures to protect workers from hot processes (bakery) or hot weather (golf courses).

    Our bodies try to rid themselves of excess heat through the evaporation of sweat, with an escalating series of symptoms. When body temperature gets above 38 or 39 degrees, the brain starts to overheat and sweating stops--leading quickly to heat stroke and possibly death.

    Employers and workers need to team up to understand the symptoms and what to do--for themselves and for others. It could save a life.

    What to teach your staff
    Many emergencies start small with warning signs that may be easily overlooked. Here's an outline in an escalating priority of seriousness about how to recognize the symptoms and what to do about it:

    • Heat rash: red, bumpy and itchy. Change into dry clothes, avoid hot environments, and rinse skin with cool water.
    • Sunburn: red, painful or blistering and peeling skin. Use lotions, seek medical aid for skin blisters, and work in the shade.
    • Heat cramps in arms, legs or stomach: occurs suddenly at work or later at home. Move to a cool area, drink electrolyte-replacement beverages, and/or seek medical aid.
    • Sudden fainting: Cool, moist skin and weak pulse. Get medical attention; assess need for CPR, move to cool area; loosen clothing; offer sips of cool water; seek medical aid.
    • Heat exhaustion: heavy sweating; cool, moist skin; body temperature above 38 degrees; weak pulse; normal or low blood pressure; tired and weak; nausea; thirsty; rapid breathing; blurred vision. Get medical aid immediately.
    • Heat stroke: body temperature above 41 degrees; weak, confused, upset, acting strangely; hot, dry red skin; fast pulse; headache; dizziness; fainting; convulsions. This is an immediate, life-threatening medical emergency: call an ambulance.

    Five steps to an effective control program:

    1. Training: Train your workers so they recognize early signs and symptoms of heat stress and know how to prevent them
    2. Clothing: Know what clothing workers should wear under certain conditions.
    3. Select a measurement location: Divide your workplace into zones with similar heat and exposures and select a spot in each zone to regularly measure the temperature.
    4. Measure: Using a thermal hygrometer, measure the temperature and relative humidity in each zone; then adjust for clothing and other prevention responses.
    5. Adjust: add one or two degrees to your Humidex measurement to adjust for radiant heating:
      • Outdoor work in direct sunlight between 10am and 5pm;
      • Indoor work, using your knowledge of radiant heat exposures.

    For more information:

    LEARNING FROM OTHERS

    The Latest Health & Safety Violations for Service Sector Firms
    Opportunities to learn from others


    Every month, organizations cause untold suffering for workers, families and the community, and take an entirely preventable hit on their bottom line, as a result of violations of the Occupational Health and Safety Act. In the last few weeks, how many people have died on the job in Ontario, how many seriously injured, and how many put at risk?



    Isn't training workers on how to operate equipment enough?


    Atlas Tube Inc., Windsor, which manufactures structural steel tubes, was fined $90,000 for a violation that resulted in a young temporary worker being struck by a moving bundle of steel traveling on a conveyor line and critically injured. The employer had failed to ensure a perimeter gate was locked and a warning sign posted.

    Highrise Window Technologies Inc., Newmarket, was fined $160,000 for a violation that resulted in a worker dying when a rear castor broke off a moving cart, pinning the worker between falling glass and the cutting machine. The employer failed to ensure that the glass was moved in a way that would not endanger the worker.

    Brewers Retail Inc., Hamilton, was fined $50,000 for a violation that resulted when a worker was using a forklift to remove a pallet containing cases of beer from a storage rack, when the pallet knocked the rack, making it unstable, and causing several cases of beer to fall and land on the forklift. The worker was unharmed. The employer failed to ensure that materials removed from a storage rack were removed in a way that would not endanger the safety of the worker.

    The point is... it's not enough to train staff on how to run conveyor belts, carts and forklifts. They also need training on how to load and properly balance pallets, conveyors, and lift trucks. It's interesting to note that while the Brewer's worker was not injured, the company was still fined.



    If a contractor subs work out and there's an injury, isn't the sub solely responsible?


    Gerpro Construction Inc., Chateauguay, Quebec, and Construction Bao Inc., Montreal, Quebec, were fined $100,000 and $105,000, respectively, for violations in Cornwall, Ontario, that resulted when a Construction Bao employee fell off a scaffolding and became paralyzed. Both Gerpro, the constructor, and Construction Bao, had failed to ensure that access to the scaffold was by stairs, runway, ramp or ladder.

    The point is... both organizations were responsible for the injury, and both were fined for the same incident. The same holds true for when you hire a temp: you and the temp agency are both responsible for the temp worker's safety.



    Is gravity really a concern in a lockout program?


    TDL Spring & Suspension Specialists Inc., Ottawa, was fined $120,000 for a violation that caused the death of a worker who was repairing the valve stem on the rear tire of a recycling truck, when a side bin on the truck that had not been braced to prevent movement, was accidentally released, trapping the worker between the bin and tire. The employer failed to ensure that temporarily elevated equipment was securely and solidly blocked to prevent it from falling or moving.

    Southern Sanitation Inc., a Toronto garbage hauling company known as Wasteco, was fined $85,000 for a violation that caused the death of a worker who was working alone at the company garage and was crushed between the rails and frame of a roll-off truck. The employer failed to provide information, instruction and supervision to block the hoist rails of this type of truck when in the raised position.

    The point is... gravity is an active force that needs to be figured into your health and safety procedures. Don't forget about securing moving equipment and materials that may fall due to gravity. It's interesting that Wasteco, the bigger company, was fined less than TDL Spring & Suspension Specialists--possibly because Wasteco had a procedure but didn't follow it, whereas TDL didn't have a procedure at all.



    Is it customary to see inspectors again after they issue an order?


    Royal Edge Incorporated, Brampton--which makes edge-banding products for materials like kitchen countertops--and director, were fined $40,000 and $4,000, respectively, for a violation that involved failing to comply with orders issued by a MOL inspector during multiple visits.

    Stayana International Trading, Toronto--which shreds plastic materials for recycling--and manager, fined $60,000 and $5,000, respectively, for a violation that caused serious injuries to a worker who fell from a 1.9-metre high platform to the concrete floor below. The MOL issued a stop work order, and later discovered the manager had removed the tag and authorized use of the grinder until a company owner shut down the line. The employer failed to ensure there was a guardrail on the open sides of the platform, and the manager pleaded guilty to knowingly furnishing an inspector with false information.

    The point is... yes, MOL inspectors do follow up after issuing orders, and in some cases repeatedly.



    How seriously do you have to take the recommendations of a third-party consultant?


    Booth Centennial Healthcare Linen Services, Brampton, was fined $90,000 for a violation that killed a worker who was trapped between a chute and the door opening of one of the washer extractors. The employer failed to acquaint the worker with the hazards associated with the use of the washer extractor (which had been pointed out by a third-party consulting firm), and failed to provide a copy of the consulting firm's safety review to the joint health and safety committee (JHSC).

    The point is... if you get a recommendation from a health and safety consultant, don't ignore it. You need to fully investigate and implement any findings, and you need to share the report with your JHSC. If you disagree with a finding, seek a second opinion and get it in writing.



    A ladder's a ladder, right?


    Guess? Canada Corporation, Toronto, a national clothing and accessories retailer, was fined $50,000 for a violation that seriously injured an employee who was standing on an eight-foot, A-frame ladder to return a box to a top shelf when the ladder gave way. The ladder was too wide for the storage room, which meant the worker could not fully open the ladder and lock it into place to prevent it from collapsing. The employer failed to ensure that the worker could carry, move and lift store merchandise safely.

    The point is... use the right ladder for the situation, and train people how to use them.



    Ontario Service Safety Alliance
    5110 Creekbank Road, Suite 500,
    MISSISSAUGA, ONTARIO, L4W 0A1
    Client Services Line: 1.888.478.OSSA
    Unsubscribe