WORKERS’ HEALTH & SAFETY LEGAL CLINIC http://www.workers-safety.ca/

August 2015. Vol. 23 No.3.

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newsletter Toronto, Ontario, Canada.

NOTICE OF MEETING & documents: 1

in this issue: Vol. 23 No.3. August 2015. page

● AGM -- ● NOTICE 1 ● ANNUAL REOPORT. 2 ● FINANCIAL REOPORT. 7 ● previous AGM minutes. 7

● Submission to Ontario Select Committee. 7

● Case & Comment: Metron Scaffolding Disaster / R v Kazenelson.

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● CLINIC NAME CHANGE. 15 ● Case -- R v Live Nation, et al. 15 ● Board & Committer membership. 17

●in the press –

● US OSHA – Beryllium. 18 ● Pb poisoning. 18 ● Pb in home renovation. 18 ● Salon Workers, New York City. 18 ● US soldiers chemical exposure in Iraq. 19 ● Helmet Sensors. 19 ● formaldehyde. 19 ● US Toxic Substances Control Act. 19 ● US Truck Safety. 19 ● Coal mine disaster, West Virginia, 2010. 20 ● Bangladesh garment industry tragedy. 20 ● Soccer concussions. 20 ● Takata airbags. Ammonium Nitrate. 20 ● Ammonium Nitrate fertilizer – Texas. 20 ● Coal Mining Disaster --Turkey. 20 ● W. Va. Physician – black lung. 21 ● 9/11 Dust. 21 ● Criminal charges – construction pit collapse – N. Y. City. 21 ● Strippers. 21 ● Tianjin toxic chemical storage. 21 ● RCMP labour violations. 21 ● Chemicals in Nova Scotia case ruled not threats. 21 ● industrial fatality at Algoma Steel, Hamilton; inquest ~1959.

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● CAS -- 100 millionth chemical. 22

● facebook. twitter. 22 ●data added to http://www.workers-safety.ca/ 23

●notes. 23 ●for future issues. 26 ●publication data. 26

PLEASE CALL 416 971 8832 1 877 832 6090

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TORONTO WORKERS’ HEALTH & SAFETY LEGAL CLINIC

ANNUAL GENERAL MEETING

30 September 2015. 2

at 180 Dundas Street West, 19th Floor; 6 pm.3

1. Last AGM minutes.4

2. Annual Report. 5

3. Financial Report.6

4. Appointment of auditor.

5. Election of new Board members & thanks to previous.

At this AGM, ~½ of all Board positions7 will become vacant

– to be filled for two-year terms. Also other vacancies

would be filled.

6. Name change.8 9 10

7. Other business.

8. Guest Speaker: Dr. Graeme Norval, P.Eng., Associate

Chair and Undergraduate Coordinator, Department of

Chemical Engineering and Applied Chemistry, University of

Toronto: Engaging And Educating Young Students/Workers.

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TORONTO WORKERS’ HEALTH AND SAFETY LEGAL CLINIC

AGM September 2015.

Annual Report. 11 12 13

The Toronto Workers’ Health and Safety Legal Clinic exists to promote and provide access to justice to low income non-union workers/organizations by providing advice, representation, public legal education and law reform concerning occupational health and safety and related workplace laws through consistently high quality services in a cost-effective, efficient and innovative manner. The Clinic’s activities in pursuit of those goals are described below under the following headings:

1. Law Reform 2. Casework 3. Outreach (including networking, community development and education)

1. LAW REFORM The Clinic continues to promote improved occupational health and safety laws and their enforcement. As well, we promote improved ESA and WSIB laws on behalf of our client community. The Clinic’s law reform activities are as follows: Oral Submissions

(i) Reforming the workers’ compensation appeals system (Ministry of Labour staff); [1] (ii) Institute of Work and Health study (inspection process); [2] (iii) Health and safety enforcement (Ministry of Labour staff - twice); (iv) Employment Standards Consultation Conference (advocating increasing minimum termination pay); (v) Bill 18 regarding health and safety/WSIB/temporary employment agencies (Standing Committee of

the Ontario Legislature on General Government); [3] (vi) Safe at Work Ontario discussion of Ministry of Labour enforcement (Ministry of Labour staff); [4] (vii) Prevention Programming – Experience Rating (submission to PPRG); [5] (viii) Ministry of Labour Enforcement (Prevention Council and Chief Prevention Officer); (ix) Minister of Labour Enforcement - advocating better training (to Vulnerable Worker Task Group); (x) Health and Safety Awareness Training/Working from Heights Training (Minister of Labour);

Written Submissions (xi) Submission to the Prevention Program Review Group - the Discussion Paper is being reviewed by the

Ministry of Labour; [6] (xii) Bill 18 – WSIB/Health and Safety/Temporary Employment Agencies - written submission to the

Standing Committee on General Government; [7] (xiii) Submission on WSIB Practices to the Ministry of Labour; (xiv) Submission on WSIB Clothing Allowance, advocating for implementing WSIAT decisions; [8]

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(xv) Submission on WSIB Benefits Policy. [9] As reported in our 2015-16 Funding Application, during the 2014-15 funding cycle the Lawyer/Director participated in Prevention Council meetings and built relationships with Ministry staff and Prevention Council members and member organizations. The Staff Lawyer participated in the Prevention Program Review Group and contributed to a draft document regarding improving prevention programs. The Lawyer/Director was reappointed to a three-year term commencing August 15, 2014 as a member of the Prevention Council. The challenge is to convince the Council and labour ministry to enhance funding to support stronger enforcement of occupational health and safety laws and regulations with a focus on the need for proactive inspections to prevent reprisals to vulnerable workers who raise health and safety concerns in the workplace. The Clinic participated along with community organizations, worker organizations and other legal aid clinics in the Ministry of Labour’s cross-sectorial planning strategy conducted by the Workplace Safety and Prevention Services Organization during June 2014. The Staff Lawyer trained Occupational Health Clinic of Ontario Workers medical staff on how to read the information on Workplace Safety and Insurance Board workers’ compensation files and provide relevant information to the WSIB to assist their clients with valid claims.

2. CASEWORK/ADVICE Because of our increased presence outside the GTA, both lawyers attended hearings and mediations in Ottawa, Hamilton, Kitchener, Windsor, London and Sudbury (most of these cases involve multi-issue files, usually human rights, workers’ compensation, employment standards as well as health and safety and/or employment insurance), thus increasing our range and ability to provide multi-service worker-side legal representation. In Zaigh v. S.B. Towing and Brenda Schrans, 2014 HRTO 1010 (CanLii) the Clinic represented a tow truck driver working in London, Ontario on one such multi-issue file. The case went to a hearing before the Ontario Human Rights Tribunal of Ontario. The decision held in favour of the worker, who the Clinic assisted by proving that the employer had fired the worker for stating that he was going to file a workers’ compensation claim. The Clinic successfully intervened in Martin v. WSIB, 2014 HRTO 479 (CanLii). At issue in that case was whether a service provided by the WSIB is within the jurisdiction of the Human Rights Tribunal of Ontario and covered under the Human Rights Code. The Clinic recently received a decision by the Ontario Labour Relations Board in a case where the Clinic represented a manager of a hair replacement salon who was fired from work for calling a Ministry of Labour inspector to report an electrical hazard that caused injury to her. In Bastien v. Pro Hairlines, 2014 CanLii 65582 (OnLRB) the OLRB affirmed and expanded its ability to award aggravated damages. In doing so it relied on wrongful dismissal and other appellant level court cases that, over the past thirty years, broadened the situations where aggravated damages are allowed in employment situations and applied the standard to a reprisal Application under Section 50 of the Occupational Health and Safety Act before the Ontario Labour Relations Board. In this case the manager had been fired and then applied for employment insurance. The

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Vice-Chair noted that, even though the employer had issued T4’s during the past year of employment, the employer insisted that she was an independent contractor and refused to issue a Record of Employment. This resulted in a four month delay in receiving EI benefits. During that four month period she spent all of her savings and had to rely on her father for support, which was a very humiliating experience for her. As a result, she was awarded $7,500.00 in aggravated damages as a result of the mental stress she suffered because of the employer’s actions. She also received her wage loss plus an additional six weeks of wage loss after the hearing date. The aggravated damages award is the highest damages award that the OLRB has ever awarded. It is significant to vulnerable workers who raise health and safety concerns for the following reason. In the past, these workers received for the most part a wage loss award which then caused them to pay back employment insurance and the amounts were also taxed. For low wage workers, although a small amount of money can be important to them, some have considered it not worthwhile to pursue a reprisal case against their employer. Instead, the aggravated damages award is not subject to tax or considered wages for the purpose of employment insurance benefits. This result encourages workers to seek enforcement of their right to be free from reprisals, thus contributing to injury prevention at work. 2015 Casework/Advice Update – up to the end of July 2015, our advice calls went down 7% from 245 to 262 that occurred in the same period in 2014. This may be due to the fact that we were short-staffed for one month. However, regarding new cases, in 2014, we opened 34 new cases. In the same period in 2015 we opened 41 cases, up 8 from the previous year. 3. OUTREACH/PUBLIC LEGAL EDUCATION Our community legal worker continues to be dedicated to providing public legal education sessions in the community on occupational health and safety and other workplace laws. As reported in our Funding Application for 2015-16, the number of public legal education presentations has again increased as follows:

2013-2014 2014-2015 Explanation for changes

Outreach 109 Presentations; 1782 Participants

120 Presentations; 2202 Participants

The number of PLE presentations has increased. Our volunteers contributed to the increase as well as greater outreach efforts to new organizations. As a result we are connected to more community organizations and educational institutions that provide job readiness training and other programs.

The Clinic is acting as adviser to the Regent Park Youth Focused Media Project. The group was granted $40,000.00 Ministry of Labour funding to provide radio and TV shows by young people for youth within the Regent Park community on the subject of occupational health and safety/workplace rights. The Staff Lawyer conducted training for Occupational Health Clinics for Ontario Workers staff on WSIB matters. He also worked in tandem with the reprisal caseworkers at the Office of the Worker Adviser on improving public access to Ontario’s health and safety system and the OLRB’s jurisdiction to hear Section 50 reprisal cases. The Clinic Director and staff from ISAC and Justicia, as part of the Provincial Migrant Workers Working Group, presented a webinar on health and safety/income maintenance programs accessible by temporary foreign workers and migrant workers. The webinar was arranged through Community Legal Education Ontario and is available online. Around about 70 clinic workers and workers from community organizations

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attended the webinar. The Clinic Director., as part of the Prevention Council, met twice with the Minister of Labour and advocated for increased Ministry of Labour enforcement of the Occupational Health and Safety Act and provided information about the isolation and plight of vulnerable workers who contact the Clinic for legal advice about workplace health and safety. The Clinic continues to work with other groups who share similar goals and objectives. These groups are:

1. Workers’ Compensation Network 2. Toronto Injured Workers Advocacy Group (TIWAG) 3. O.F.L. Health and Safety Committee 4. Employment Standards Work Group (ESWG) 5. Institute of Work and Health and Occupational Health Clinic for Ontario Workers (OHCOW) 6. The Ontario Bar Association, WSIB Section 7. Prevention Program Review Group 8. Prevention Council 9. Experience Rating Working Group 10. Provincial Migrant Worker Working Group 11. Clothing Allowance Committee 12. Metro Toronto Clinic Learning Committee

Clinic staff also participated in a two-part Specialty Clinic presentation to the staff of Find Help (211). In keeping with tradition, every year both Clinic lawyers speak about new developments in WSIB and OH&S on the Labour News Program, which runs for an hour at 8:00 p.m. every Thursday night on 1610 AM Radio. In 2015 the Clinic again hosted placement students from the University of Toronto’s Engineering Strategies Practice and included 4th Year Engineering students as well. [10] 4. STATISTICAL INFORMATION As of December 2014, the date the Funding Application was submitted, our Clinic’s statistics were as follows:

Casework 61 Summary Advice 450 Law Reform 66 Community Legal Education 141 Community Development 40

5. MEMBERSHIP REPORT As of December 31, 2014 the Clinic had 152 members and a newsletter mailing list of approximately 200 names of individuals and organizations.

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6. LEGAL AID ONTARIO Increased Funding to the Clinic The most positive news from LAO came during early March 2015 when it announced that LAO is increasing its investment in clinic services by 9.8 million dollars a year. The letter also advised that our Clinic would receive an additional $86,000.00 for our 2014-15 funding year as part of that initiative. This money is to allow us to fulfil the expanded financial eligibility guidelines for low income Ontarians. During mid-June 2015, LAO advised that our Clinic’s adjusted allocation for 2015-16 would be increased by a total of $100,000.00 per year. The Clinic decided to hire a lawyer and a part-time articling student with this funding. [11] Co-Location Decision In our 2014 Annual Report we advised that the Clinic was involved in a Co-Location Project involving ten specialty clinics and the ACLCO. When we entered into the Project we had hoped to achieve actual savings that we and our sister specialty clinics could reinvest in direct service. The Clinic invested a lot of staff time and participated in all of the Co-Location Project sub-committees, such as the Site Selection Committee, Shared Resources Committee, IT Committee and Design Committee as well as the Governance Committee. When it became evident that the Project would result in no actual savings and instead would cost much more than the current rental expenses of all the clinics combined, we became disillusioned about the Project itself and whether it was worth the obvious cost and disruption to relocate. As well, we had concerns about the joint and several liability for rental arrears should a clinic/co-tenant fall into arrears. LAO was not willing to guarantee the rent of any defaulting party. This was a major concern for us. At that point we had spent a lot of time on the Project itself. Further, it became clear that as a new group as part of a co-operative, some of our current direct service time would be spent on the administration of the Project itself particularly in the first five years. As a result of all these reasons we withdrew from the Project and began in earnest to find other ways to achieve similar results that would result in actual savings to the Clinic and ultimately to Legal Aid Ontario. Our decision was communicated to the co-location participants and LAO February 13, 2015. [12] Because we withdrew from the Project we are required to make administrative savings in our own budget. As a result, we reduced our annual budget by $2,000.00 in the categories of communication and library expenses. This is a permanent reduction in our budget. 7. VALUE FOR MONEY AUDIT As reported last year, all the specialty and ethno-specific clinics were part of a Value for Money Audit during March 2014. In March 2015 we received the Report and Recommendations. The Clinic is currently in tandem with other specialty clinics working on responding to the recommendations that concern mainly governance and administration of the Clinic.

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A copy of the Financial Report is appended to this newsletter issue. 2015 03 31. HILBORN.PDF

A copy of last year’s AGM minutes is appended to this newsletter issue. 2014 10 22. AGM Minutes .pdf

Clinic Submission to the Ontario Legislative Select Committee on

Sexual Violence & Harassment.1 On 13 May 2015, Clinic lawyers John Bartolomeo and Linda Vannucci made submissions2 to the Legislative Committee.3 From “Committee Transcripts …” : 4

… SELECT COMMITTEE ON SEXUAL VIOLENCE AND HARASSMENT … Wednesday 13 May 2015 … Strategy on sexual violence and harassment Child and Youth Advocacy Centres of Ontario Ontario Association of Interval and Transition Houses The Men’s Project Toronto Workers’ Health and Safety Legal Clinic Canadian Federation of University Women Burlington Ms. Elizabeth Grace Ms. Susan Vella Ms. Sherry Anderson

The committee met at 0902 in committee room 1. Strategy on sexual violence and harassment

The Chair (Ms. Daiene Vernile): Good morning, everyone. The Select Committee on Sexual Violence and Harassment will now come to order. Committee members, we have some information we need to share with you concerning a presenter who was scheduled for this afternoon, and we are just going to go in camera now to discuss that with you. The committee continued in closed session from 0903 to 0919. The Chair (Ms. Daiene Vernile): The Select Committee on Sexual Violence and Harassment will now continue.

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I want to welcome our presenters this morning and the guests who are here with us in our committee room. I want to share with you the mandate of this committee. We’re here to listen to your experiences as survivors, front-line workers, advocates and experts on the issue of sexual violence and harassment. You’re going to inform us on how to shift social norms and barriers that are preventing people from coming forward and reporting abuses. However, I do want to stress that we do not have the power or the authority to investigate individual cases. That is better left to the legal authorities.

… Toronto Workers’ Health and Safety Legal Clinic The Chair (Ms. Daiene Vernile): I would like to call on our first presenter this afternoon, the Toronto Workers’ Health and Safety Legal Clinic. Please come forward. You will have 15 minutes to address our committee, and that will be followed by questions. Please start by stating your names. Ms. Linda Vannucci: My name is Linda Vannucci. Mr. John Bartolomeo: Good afternoon. My name is John Bartolomeo. The Chair (Ms. Daiene Vernile): And begin any time. Ms. Linda Vannucci: Thank you for this opportunity to speak to you this afternoon about this important subject of harassment. I’m the lawyer/director at Toronto Workers’ Health and Safety Legal Clinic. With me is the staff lawyer. We field calls every day about harassment at work. We’re with Toronto Workers’ Health and Safety Legal Clinic. We’re a community legal clinic funded by Legal Aid Ontario. We’re one of 80 clinics in the province, and we specialize in workers’ rights. We’re considered a specialty clinic. Unlike a neighbourhood clinic that’s geared towards a local community, our mandate is province-wide. We have a very specific purpose: to provide legal advice and representation to non-unionized, low-wage workers who face health and safety problems at work. We’ve done this for 25 years. We’ve been appearing before the Ontario Labour Relations Board on behalf of workers who lose their jobs for raising health and safety concerns. They raise their concerns by complaining to the employer, by calling a Ministry of Labour inspector. Sometimes they’re fired for even saying they’re going to call a Ministry of Labour inspector. We also act for people who are post-prevention—that is, people who are injured on the job—with respect to workers’ compensation claims. We have a community legal worker who does community education and outreach programs to settlement agencies and apprenticeship programs regarding workers’ rights, and these programs are aimed at vulnerable workers. Where we feel the law is deficient, we engage in law reform initiatives. We provide information about health and safety hazards that workers face in their employment, and advice about their rights under the law. Our activities are controlled by a board of directors from the community. Our clients may vary. They can be new Canadians who work in small, non-unionized workplaces—well, there are always people who work in non-union workplaces. They can also be workers who are assigned to larger workplaces but through temporary agencies and who have very precarious employment. We respond to inquiries from young workers who don’t know their rights. To qualify for our services, clients have to meet the legal aid eligibility criteria; that is, they’re non-unionized and are very low-wage workers. In other words, they have no resources to go to private bar lawyers or to take matters into their own hands in that matter. Workplace harassments can create dangerous working conditions that can lead to serious harm. According to a 2014 Angus Reid survey, three in 10 Canadians say they have been subject to unwelcome sexual advances, requests for sexual favours or sexually charged talk on the job, and a vast majority, four in five, say they never reported the behaviour to their

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employers. This is very telling. The key problem, in our regard, is how to get people to report and get these problems resolved at the workplace. Under the Occupational Health and Safety Act, workplace harassment is very broadly defined to be engaging in the course of vexatious comment or conduct against a worker that is known or ought reasonably to be known as unwelcome. This can capture a broad range of behaviours. At the clinic, we’ve seen episodes that would fit within this definition and we receive a very broad range of calls. Some can be very serious, involving unwanted sexual advances and actions that really amount to physical assault at work. They can amount to things like repeatedly being yelled at by a boss or a co-worker and very demanding and humiliating behaviour such as, “I need that report right now, so let’s get with it.” There are cases where a worker is isolated by a group of co-workers who don’t like the worker and refuse to speak to them. The complaint of that worker often goes ignored. People who are overworked and can’t meet unrealistic deadlines and are reminded verbally daily and pressured daily—“Remember, I can get you fired,” as said by one supervisor; office assistants who are regularly called “stupid” by their boss; a warehouse worker who’s referred to as a “moron” in front of colleagues: These are just a few of many, many examples that we see. In many of those workplaces in those examples I just referred to, there was a written health and safety harassment policy in place. It just wasn’t followed. In some cases in smaller workplaces, the harasser is the boss. If you have a workplace with five people, how is a harassment policy going to be effectively enforced in that workplace? Many of the workers, like the examples I referred to, end up developing anxiety and depression and having their doctor sign them off work. The lucky ones will qualify for EI sickness benefit, because usually in this wage category they don’t have a short-term disability plan at work, so they’re reduced to 55% of their net wages. They suffer quite a loss of income and that only lasts for 15 weeks. In those examples, they recover while off work and then end up looking for other work, so the harassment really is never addressed in these types of workplaces. Litigation is after the fact. They’re out of the workplace. They may receive some compensation. A person can apply to the Human Rights Tribunal. We deal with those matters as well. There can be other remedies, such as a posting of the workplace, that the Human Rights Tribunal can order. However, more often than not, the issues remain in reference to the other workers, and the general culture and climate at the workplace remain unaddressed. Someone else will be treated to similar disrespectful behaviour. All the workers I mentioned lost their livelihood as a result of workplace harassment. The government has proposed a number of solutions to this problem in It’s Never Okay: An Action Plan to Stop Sexual Violence and Harassment. I think this plan is a good first step, but the solutions seem to revolve around strengthening the employer’s obligations to investigate harassment, create a code of conduct, the hiring of specialized teams of inspectors and increasing employer education about workplace harassment. We feel that there should be further steps taken and have four recommendations. The first one is that the Ministry of Labour operations policy—this is the policy that the inspectors use to go in and enforce the health and safety act—should state quite explicitly that harassment is a workplace hazard that should be taken seriously and investigated. The act should be amended so that employers have an obligation to protect workers from harassment. That isn’t currently in the Occupational Health and Safety Act. 1540 The code of practice that’s proposed should have a positive obligation on the employer to create and maintain a working environment where employees are treated with dignity, integrity and respect in the workplace. We endorse the proposal of the specialized team of inspectors who are knowledgeable about harassment and its effects. Where there’s a complaint, we think that Ministry of Labour inspectors should attend the workplace and actually evaluate the investigation, its outcome and its efficiency. The inspector should have the authority to substitute his or her decision for that of the workplace decision-maker. The mere existence of a workplace harassment policy cannot be treated as adequate for ensuring a harassment-free workplace. We’ve learned that since the time when Bill 168 came into place.

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In addition to increasing employer education, equal emphasis needs to be placed on educating workers about their rights—about their rights, actually—in relation to workplace harassment and what they can do about it. John is going to take it from here. Mr. John Bartolomeo: I want to address the inclusion of harassment under the Occupational Health and Safety Act. When the government passed Bill 168 to add workplace violence and workplace harassment to the Occupational Health and Safety Act, violence and harassment were treated differently. The difference was noticed by decisions of the Ontario Labour Relations Board. We handle unlawful reprisal cases: people who are terminated or reprised against for making health and safety complaints. The difference in terms of what rights were afforded to workers who made complaints about violence versus harassment was noted, and our submission makes a couple of references to decisions that contemplate and effectively said that if the Legislature had intended similar protections vis-à-vis violence and harassment, it would have done so explicitly. As this was not done, the labour board has said in a couple of decisions that there is no right to a harassment-free workplace. Our concern is that any proposals must include the protection that workers do have that right. Whether or not it is achievable depends on whether or not clear recommendations are made such that workers have the right to protection. One of the proposals we made was the inclusion of the duties that employers, supervisors and workers have with respect to workplace harassment. That inclusion, in our view, would open the field up to the Ministry of Labour and their inspectors to take a more involved role. Our concern in what is colloquially known as the internal responsibility system, where employers and workers are supposed to work it out amongst themselves without oversight or involvement, is that no one will be there to go behind the decisions and go behind the policy. As the amendments to Bill 168 came, an employer was expected to have a program and policy in place. Whether or not it’s good and whether or not it’s followed is not something the ministry can come in and check for. That’s just the way the legislation is. Our proposal is to include it as a duty. Further to that, we suggest a code of practice that recognizes dignity and respect for workers. Included in that would be the expectation that the Ministry of Labour’s inspectors can evaluate substantively whether or not it has been followed and substitute their own decision and write orders to protect workers. Losing one’s job is difficult, as is enduring the harassment. What we do as practitioners is try to find compensation for people who have lost their jobs. But does that repair the damage to the workplace? It does not. Does it fix the workplace in the sense that someone has been educated on what is and is not correct? It does not. So by creating a code of practice we have something to measure. More about the inspector’s role will be from Linda. Ms. Linda Vannucci: Just to be specific about that, what we’re talking about is, right now in the Occupational Health and Safety Act, what is often relied upon in dealing with a lot of different workplace hazards beyond harassment is the “general duty” clause in section 25, where employers are required to take all reasonable precautions to protect workers. I guess what we’re proposing is that harassment be subsumed in section 25, which would then give inspectors the authority to enforce that section under section 57, where inspectors can write orders and order compliance with the law. Where violence is already in there, we want harassment in there as well. Beyond that, we’re proposing that the inspector be able to go into the workplace, look at the investigation—in most cases in our review, there hasn’t been an investigation—cause an investigation, determine an outcome and write orders that will stop the harassment in the workplace. That’s the only way to ensure that people like our clients are protected. It’s very frustrating to have to ask people who are quite distressed from harassment, “Well, does your workplace have a policy?” They say, “Well, yes. I see it posted, and I’ve tried to get some help with that policy,” and they’re still in the same situation: no help at all.

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The Chair (Ms. Daiene Vernile): You have one minute remaining. Ms. Linda Vannucci: Oh, one minute remaining? Okay, then I guess we’ll wrap it up. Harassment education: Do you want to speak a bit about that? Mr. John Bartolomeo: I just wanted to add, on the notion of education, that workers should have just as much education as the employers have. But as well, they should be made aware that there is recourse to the government, to the Ministry of Labour, beyond just what the employer is—if there is a problem at work, there should be no barrier to them contacting the occupational health and safety branch or calling for an inspector to come, as opposed to having to follow a workplace policy. With that education, we hope that workers have enough within their arsenal to protect themselves. The Chair (Ms. Daiene Vernile): Thank you very much. Our first questions for you this afternoon will be from our PC caucus: MPP Jones. Ms. Sylvia Jones: Thank you very much for your presentation. We have had a number of presentations from people who have worked within the hospitality industry specifically. I wonder if you could provide a breakdown. It doesn’t have to be precise, but what I’m looking for is, where are the hot spots? Where are the issues? The feeling of the previous presenter was that the hospitality industry and the individuals who are working within it either don’t understand or do not have their rights clearly articulated. Can you share with the committee a bit of a breakdown? I understand that you do exclusively work with non-unionized staff, so it will already skew it, but I’m interested, if you have that. Ms. Linda Vannucci: I think our experience in terms of hospitality would be the small workplaces, like restaurants. We have had complaints from restaurant workers. Ms. Sylvia Jones: So it’s more related to the size as opposed to the industry? Ms. Linda Vannucci: I think so, actually. Retail, restaurant, warehousing— Mr. John Bartolomeo: Because we deal with smaller employers, these are generally small businesses where the individual owner is in charge of everything. That’s where we find most of our caseload from. With respect to the hospitality industry, a good number of cases also have the age/power imbalance. These are young people, teenagers, who are expected to participate in terms of the internal responsibility system with just as much force as a unionized workplace like the automotive industry. Ms. Linda Vannucci: We’ve also had male-dominated workplaces where there are a lot of complaints from women who are working in warehouses and car dealerships, places with a minority of young women working in an environment of men. So there’s that as well. Not many institutional workers—because those are mostly unionized environments—unless they’re temporary workers. The Chair (Ms. Daiene Vernile): Thank you. Our next questions for you are from our NDP caucus. Ms. Peggy Sattler: Thank you very much for the presentation and the very specific recommendations. It’s very helpful. 1550 You mentioned initially that some of the clients you serve who fall through the gaps of the current legislation are people who are being harassed by the employer in a small workplace where there’s only a handful of employees. These proposals that you’ve made, how would they address that? They would address the situation where an employer is the harasser in a very small workplace? Ms. Linda Vannucci: Well, they would address that situation in that if there’s a workplace policy that isn’t enforced and there’s no investigation that takes place favourable to the person being harassed, then they can call a Ministry of Labour specialized inspector who knows how to deal with workplace harassment to come out and review the situation and make orders, if necessary.

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Ms. Peggy Sattler: Because currently there’s no ability to do that. Ms. Linda Vannucci: Unless the ministry chose to interpret the general duty clause to allow the inspector to do that, which at this point they don’t, at this point the ministry’s response to a harassment complaint if a worker calls in is, “Do you have a policy? Ask your employer to enforce the policy.” There’s no visit from an inspector. Ms. Peggy Sattler: Okay. And the other question is, on page 2 you have some bullet points explaining examples of harassment but only the first one refers specifically to sexual harassment. Would your recommendations deal with harassment more broadly? Or were you looking at these recommendations as dealing with gender-based harassment and sexual harassment? Ms. Linda Vannucci: We were looking at it more broadly, including gender-based harassment, in terms of enforcement, because right now sexual harassment is covered by the Human Rights Code and so the remedy there is to go to the Human Rights Tribunal if you’re harassed. That’s usually resorted to only after a worker has left the workplace. It’s pretty difficult to stay in the workplace and work while there’s a pending action at the Human Rights Tribunal. So if it’s all looked at under the Occupational Health and Safety Act, that would invoke an inspectorate where there is not an inspectorate at the Human Rights Tribunal that would go out and address complaints. Ms. Peggy Sattler: Thank you. The Chair (Ms. Daiene Vernile): Thank you. Our final questions for you are from our Liberal caucus, from MPP Dong. Mr. Han Dong: First of all, thank you for the presentation. I think I learned a lot and there was a lot of good advice. Currently, in your mind, what are some of the factors that discourage victims from coming forward, in particular the newcomers? Because I think that they’re particularly vulnerable, given their short time in this country. That’s my first question. My second question is—I want to give you a chance to highlight some of your recommendations—what would say are the top three best practices for effective changes you would like to see adopted? Ms. Linda Vannucci: I think the reason why people aren’t reporting in terms of workplace harassment is fear of reprisal, fear of being fired if the harassment is from the boss. Often we hear workers report that the employer’s answer—if it isn’t direct employer harassment, if it’s a supervisor as well—is, “Frank’s been working here 25 years; that’s the way he is,” that kind of thing. They’re afraid if they take it further and go outside the workplace, they’ll be fired. I think that’s the number one thing, particularly with newcomers or people with precarious employment. In terms of the top three recommendations— Mr. Han Dong: But if the person is already fired, let’s say—let go—do you think there’s something preventing them from coming forward and seeking your assistance? Mr. John Bartolomeo: I think the difficulty is that what we do is remedial. This is after the fact, after you’ve been fired, and so we don’t get to address the situation at heart. Our key point is that with an inspectorate that will go in and assess harassment complaints if a worker is not satisfied, the worker keeps their job and the employer is educated and made aware of what they are doing that is wrong. By allowing the inspectorate to go in and take effect and make recommendations, the employer is educated, the worker gets to keep their job, and they aren’t sitting at home quietly, making themselves ill, not saying anything to anyone. The Chair (Ms. Daiene Vernile): We thank you both very much for coming and appearing before this committee this afternoon. We invite you, if you wish, to sit in our audience.

…

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13

Case & comment -- 5

Metron Scaffold Disaster

R v Kazenelson 6 7 M. Grossman 8

MacDonnell, J., Ontario Superior Court, Toronto, 26 June 2015 : 9

“… Conclusion re criminal negligence … I am satisfied beyond a reasonable doubt that Mr. Kazenelson’s

failure to take reasonable steps to prevent bodily harm to the workers in relation to the work over which

he had authority was a breach of the duty imposed on him by s. 217.1 of the Criminal Code. I am also

satisfied that in failing to take reasonable steps in that respect Mr. Kazenelson showed a wanton and

reckless disregard for the lives and safety of the workers, and that his failure to act was a marked and

substantial departure from what a reasonable supervisor would have done. The risk of serious harm was

foreseeable, he had adverted to that risk, and he failed to act. Accordingly, I am satisfied beyond a

reasonable doubt that Mr. Kazenelson was criminally negligent. …”

Almost six years ago, four construction workers died in Toronto, and a fifth was seriously injured, from high-rise falls, from failure of a swing-stage scaffold, without safety lines. This has been followed in this newsletter. 123456789

Prosecutions of corporations and individuals in this tragedy have involved both the Occupational Health & Safety Act and the Criminal Code. The Criminal Code proceedings are particularly significant because they involve the first major application of the Westray amendments10 to alter the law of criminal negligence for workplace injuries and fatalities. The distinction between administrative/regulatory law (OH&S Act) and crime (Criminal Code) is very significant. It is the difference between trying to control a social and technical

system with prospective rules and inspections, verses retrospectively accusing persons of intentional serious transgressions against society and its morals. After a tragedy, the choice of which legal regime to apply is of great moral significance. And arguably, if there is a great tragedy, that choice is sometimes subject to a kind-of stampede mentality. The main corporation involved plead guilty to criminal negligence charges; criminal charges were withdrawn as against its executive, who plead guilty to OH&S Act charges. Left to face criminal negligence charges was Vadim Kazenelson, who although had supervisory functions, was apparently not a senior executive of the corporation. His trial proceeded at Ontario Superior Court, Toronto, after a preliminary hearing.

On 26 June 2015, Justice Ian MacDonnell found Mr. Kazenelson guilty. This would be the first actually contested trial for workplace criminal negligence charges, in the decades after the Westray coal mine disaster in Nova Scotia, that inspired the United Steelworkers of America to push for the amendments.11

I have argued previously1213 that the use of the criminal law for workplace health & safety is not such a good idea; that generally comprehensive and consistent government inspection would better protect workers. But even so, there still may be situations where the criminal law is appropriate and should be applied. Such as

the Metron Scaffold Disaster? Based on the extensive evidence and argument heard, Justice MacDonnell found that there was crime in allowing workers to be on a scaffold without independently secure safety

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lines. The Criminal Code characterizes criminal negligence with the words “wanton and reckless disregard.”14 The key questions: Were the accused’s actions, although wrong and in violation of workplace regulatory law, of such a “wanton and reckless” nature as to properly attract the attention of the criminal

law? Not a mere oversight? Not a mistake of judgment in

the rush of a moment? Crime

of a “wanton and reckless” nature? His Honour effectively answered those questions: Yes – crime. (This was only for the guilt finding phase. The sentencing hearing is to follow – starting 16 October, 361 University Ave.) The reasons for judgment show that His Honour gave careful consideration in coming to his conclusion, and in Canada’s not-quite-perfect justice system that is the best that can be expected (but still reviewable on appeal). Facts of this case were not substantially in dispute: a defective scaffold without its required placards and insufficient safety lines. Essentially, a judge made a judgment call, and that was his job. It is important to note that His Honour had a particularly difficult job. Finding “wanton and reckless” in a workplace

context involves subtle, not-obvious, factors; not as would be, in comparison, with a shootout scene in an old Western movie with black hats. But, there are still some difficult policy-related issues:

Why was someone more senior not criminally tried, as would seem to have been the intention of the Westray amendments –

-- and would seem to have been the intention of the Ontario Federation of Labour’s “Kill a Worker,

Go to Jail” campaign? 151617

Was the Crown’s intention to prosecute criminally unfairly influenced by the

OFL’s campaign? Was there proper independent decision-making by police

and Crown?

Why did Metron and Kazenelson draw attention for criminal law prosecution, but apparently not Filsinger’s,18

McFeeters19 and Live Nation?20

Where were the provincial labour inspectors before the

tragedy happened?21 The use of the criminal law should be of concern to workers, many of whom have, from time-to-time, various, often minor, supervisory functions. What is the likelihood of such a worker

being accused of not having taken proper health or safety

precautions? If tragedy happens, and someone is needed to blame to satisfy public outrage, could these workers find themselves as easy targets for criminal

accusations? Under such circumstances -- regardless of fault -- workers might be well advised to consider not talking to anyone in authority without legal counsel.22 A chill comes upon what might have been useful conversations with helpful inspectors and other workers. I referred above to Canada’s not-quite-perfect justice system. But sometimes downright injustice happens. Wrongful accusations and convictions are not unknown,23 with severe personal consequences. And the victims of these wrongs are often people without the financial means to protect themselves. In a policy sense would it not be better to advocate comprehensive and consistent government inspection in a regulatory legal regime, rather than give the criminal

law too much of a workplace role? Who is to say, in our real work-a-day world, which of the abundance of mistakes – our own and everybody else’s

– should be criminalized? Has Kazenelson changed the rules of engagement for going to

work? Should workers worry

about this?

DRAFT.

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August 2015. Vol. 23 No.3. 15

“ … CLINIC NAME CHANGE

After a discussion, moved by John F. and seconded by Genevieve D. that the

Clinic take steps to change its name from Toronto Workers’ Health and Safety

Legal Clinic to Workers’ Health and Safety Legal Clinic to better reflect the

Clinic’s provincial mandate and to clarify our presence on the internet for out-of-

town potential clients. Motion was CARRIED with one abstention. …” 1234

Case – 5

R v Live Nation, et al. Ontario OH&S Act.

As reported previously in this newsletter,1 in June 2012, there was a fatality related to a stage collapse in Toronto2 that resulted in charges under the OH&S Act, still before the Ontario court.3

http://www.workers-safety.ca/ Home page Main Menu Publications Downloads

2015 07. R v Live Nation, et al. information document .PDF On 30 May 2014, trial dates, at Old City Hall, were set for this year: 1317 July, 2031 July, 09 27 November. On 13 July 2015, the matter was adjourned to 10 September 2015, Old City Hall, courtroom 112. Text of the charges, from the court information document: 1

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August 2015. Vol. 23 No.3. 16

WORKERS’ HEALTH & SAFETY LEGAL CLINIC

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Board members & committees. 2

Clinic Board membership is elected for staggered two-year terms.345 One-half of the Board was re-elected at the

AGM, 22 October 2014. 6 With subsequent changes, Board membership now: 78910

ending ~September 2015: ending ~October 2016: 11 Sumaiya Sharmeen John Field Ashley Fisch [vacant]

Selvathy Kumar Georgina Clinton Genevieve D’Iorio Carl Mohan

Hilary Balmer Ivan Lancaric [vacant] Michael Grossman

Jason Achorn Richel Castaneda 12 [vacant]

Clinic committees continue after the AGM until Board or Executive decisions would make changes

(including by Board attrition; there were no Board or Executive motions to change committee membership):

Executive Committee – [to assist the Board in its functions, and to act for the Board when the Board is unable to meet] :

Carl Mohan - Chair Hilary Balmer - Vice-Chair Michael Grossman - Treasurer Jason Achorn - Secretary Ivan Lancaric - Member-at-Large

Planning & Priorities Committee – [To set Clinic priorities in relation to casework, community education and organizing and law reform, within parameters of Objectives of the Clinic as established by the Board; to decide which kind of cases the Clinic will undertake and whether or not particular cases fall within one of these categories] :

Carl Mohan (ex officio) Hilary Balmer John Field Selvathy Kumar

Personnel Committee – [To negotiate with Clinic staff on terms and conditions of their employment and to resolve all other personnel matters that may arise] :

Carl Mohan (ex officio) Hilary Balmer John Field

newsletter Committee – [To consider improvements to the Clinic's newsletter] :

Carl Mohan (ex officio) Michael Grossman Genevieve D’Iorio

Outreach Committee – [To develop and implement strategies for reaching non-unionized workers with OH&S problems and to monitor and evaluate all outreach undertaken by the Clinic] :

Carl Mohan (ex officio) Hilary Balmer Jason Achorn Genevieve D’Iorio

Website Committee – [To consider improvements to the Clinic's website] :

Carl Mohan (ex officio) John Field Michael Grossman

WORKERS’ HEALTH & SAFETY LEGAL CLINIC

August 2015. Vol. 23 No.3. 18

in the press – 13

In The New York Times : “[US] OSHA Proposes Beryllium Limit Long in Works /

An industrial metal is linked to a deadly lung disease.” 14 15

16 17 18

In The New York Review of Books: “Lead Poisoning: The Ignored Scandal.” 19 20

From the University of California Press: Lead Wars: The Politics of Science and the Fate of America’s Children. 21 22

In The New York Times : “The Menace in Our Own Backyard / When my son

was poisoned by lead, I had to act. But how?” 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38

Also in The New York Times : “Behind Perfect Nails, Poisoned Salon Workers /

Manicurists Tell of Illness and Tragedy.” 39 40 41

82

Pb [Xe]4f145d106s26p2

207.2

82 Pb

4 Be

4

Be [He] 2s2

9.01

WORKERS’ HEALTH & SAFETY LEGAL CLINIC

August 2015. Vol. 23 No.3. 19

Also in The New York Times : “[US] SOLDIERS PIERCE VEIL OF MYSTERY ON

IRAQ AILMENTS / WHAT WAS IN BARRELS? / 12 Years Later, Army

Details Brush With Chemicals.” 42

3,4-dimethyl-benzenamine

121.18 g/mol. CAS 95-64-7 43 44 45

Also in The New York Times : “N.F.L. Players’ Union Weighs the Benefits and the Pitfalls of Helmet Sensors / Eager for technology, but cautious about the use of data.” 46 47

Also in The New York Times : “The Fight to Regulate Formaldehyde.” 48 49 50

30.03 g/mol. CAS 50-00-0

Also in The New York Times : “Stronger Regulation of Toxic Chemicals.”51 52 US Toxic

Substances Control Act. 53 54

Also in The New York Times : “A Foolish Attempt to Weaken Truck Safety.” 55 56

WORKERS’ HEALTH & SAFETY LEGAL CLINIC

August 2015. Vol. 23 No.3. 20

Also in The New York Times : “The People v. the Coal Baron / Don Blankenship

ruled Massey Energy with an iron fist, until a deadly mine disaster [Upper

Big Branch coal mine, Montcoal, West Virginia, 05 April 2010] landed him in

court.” 57 58 ”… killed 29 men … four [federal] criminal counts …”59 60

Also in The New York Times : ““Bangladesh Police Charge 41 With Murder Over Rana Plaza Collapse.” 61 62 & CBC News : Bangladesh to lay murder charges in

2013 garment factory collapse” 63

Also in The New York Times : “Playing a Safer Sport [soccer] And Paying the

Price / A young athlete’s self-diagnosis [concussion] is confirmed in the

most difficult way.” 64 65

Also in The New York Times : “Lawmakers Press Takata On Propellant in Airbags / The company says it has tamed a volatile explosive.” 66 67 “… Ammonium

nitrate … has become a central concern …” 68 69

Ammonium nitrate CAS 6484-52-2 70 71 72

In CHEMICAL & ENGINEERING NEWS : “TEXAS TIGHTENS RULES ON

AMMONIUM NITRATE.” “… Legislature has passed a bill that strengthens rules for storing

and handling ammonium nitrate, the source of the 2013 explosion at the West, Texas, fertilizer facility that killed 15 people …” 73

Also in The New York Times : “Anguish One Year After [coal] Mining Disaster in Turkey.” 74 75

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August 2015. Vol. 23 No.3. 21

Also in The New York Times : “Dr. Donald L. Rasmussen, Crusader For Coal Miners’ Safety, Dies at 87 / A [West Virginia] physician who set off a grass-roots movement that upended an industry.” 76 77 “… examined as many as 50,000 miners …

signs of black lung disease in 40 percent …”

Also in The New York Times : “Paul Lioy, 68, Scientist Who Analyzed 9/11 Dust And Its Health Effects, Dies.” 78 79 80 81 82

Also in The New York Times : “Manslaughter Charges for Construction Managers After Worker Dies in [New York City] Pit Collapse.” 83 84

Also in The New York Times : “Stop Stealing From Strippers / There’s nothing exotic about our abysmal working conditions.” 85 86 87

Also in The New York Times : “Death Toll in Chinese Fire Rises, Along With Anger at Apparent Safety Lapses.” 88 89 “… Tianjin’s toxic chemical storage inferno …” “ … about

700 tons of sodium cynanide …” “… site was also licensed to handle calcium carbide …”

Na+ [C N]- CAS 143-33-9 90 91 Ca+2 [:C C:]-2 CAS 75-20-7 92 93

In The Globe and Mail: “RCMP charged with labour violations in relation to

deaths of Moncton officers.” 94

In The NATIONAL POST, Toronto : “CHEMICALS, EMAILS NOT THREATS,

JUDGE SAYS.” 95 96 “… A man who was the subject of a manhunt from Halifax to Ottawa over

an alleged chemical threat against police walked free …” [R v Christopher Phillips], Dartmouth, Nova Scotia, 24 June 2015. 97 98 99 100

Osmium tetroxide

CAS 20816-12-0 254.23 g/mol

CBC radio, The Doc Project, 15 July, 2015 : “What can you tell me about Stanley?...”

“Every family has secrets. But few have been held as tightly - and for as long - as this. Freelance Producer Alison Motluk uncovers tragedy [industrial fatality at Algoma Steel, Hamilton; inquest ~1959] and truth in her documentary: What can you tell me about Stanley?” 101 102

http://www.cbc.ca/radio/docproject/what-can-you-tell-me-about-stanley-1.3151737

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August 2015. Vol. 23 No.3. 22

In CHEMICAL & ENGINEERING NEWS, American Chemical Society, Washington, D.C. : “CAS

[Chemical Abstracts Service, a division of the American Chemical Society]

MARKS MULTIPLE MILESTONES.” “… On June 23, the scientists at CAS registered the

100 millionth unique chemical substance — a silicon-based linker designed to treat acute myeloid

leukemia … assigned CAS Registry Number 1786400-23-4 … ” 103 104 105 106 107 108

109

http://www.workers-safety.ca/ 110

https://www.facebook.com/pages/Toronto-Workers-Health-and-

Safety-Legal-Clinic/226662537458898?fref=ts

https://twitter.com/TWHSLC 2015 03 24 09 05. tweets history.csv

CAS 1786400-23-4

“(4S)- 6-(4-Chlorophenyl)-N-ethyl-8-[2-[[4-[(hydroxydimethylsilyl)methyl]benzoyl]amino]ethoxy]-1-methyl-4H- [1,2,4]triazolo[4,3-a][1,4]benzodiazepine-4-acetamide”

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August 2015. Vol. 23 No.3. 23

data added to http://www.workers-safety.ca/ 111 documenting Clinic’s activities, law reform advocacy, etc.

http://www.workers-safety.ca/ Home page Main Menu Publications Downloads 2015 08 11. Executive Committee minutes.pdf 2015 03 31. HILBORN.PDF 2015 07. R v Live Nation, et al. information document .PDF 2015 05 13. TWHSLC Submission to Select Ctee on Harassment.PDF 2014 10 22. AGM Minutes .pdf minutes -- 2015 04 22 2015 04 29 14 38 .pdf 2015 04 29 14 38. Agenda-May 27,2015.pdf 2015 04 29 14 38. Apr.22-15 Board minutes.pdf [][] 2015 06 22 10 01. TWH&SLC.pdf [][] 2015 06 22 10 01. committee DRAFT Terms of Reference.pdf [][][][] 2015 06 22 10 07. TWH&SLC.pdf [][][][] Agenda-June 24,2015.pdf [][][][] May 2015 Financial Report.pdf [][][][] May27-15 Board minutes.pdf ()2014 04 30. Policy Review.PDF ()2014 10 01. Clothing Allowance demand.PDF ()2014 10 30. TWHSLC Bill 18 Submissions.pdf ()2015 01 30. TWHSLC Prevention Program Submissions.PDF 1982 05. TOHRC M4K 3S9.pdf TOHRC NEWSLETTER Vol. 1 No. 1. 1982 06. WOSH N8X 2S3.PDF

NOTES: 112

1AGM 2015. NOTICE OF MEETING. Data in

this issue of this newsletter, mailed to all members of record, form formal notice as legally required.

2 previous: see in this newsletter : 2014 09. Vol.22 No.4 [] 1 [] .pdf 2014 09. Vol.22 No.4 [] 2 [] .PDF 2013 09. Vol.21 No.4.doc 2012 09. Vol.20 No.5 .doc , pages 15. 2011 06 AGM 3 Board meeting prior to AGM: 5:30pm.

4 2014 10 22. AGM Minutes .pdf -- copy appended to this newsletter issue. 5 See page below. 6 A copy of the Financial Report is appended to this newsletter issue.

2015 03 31. HILBORN.PDF

previous: 2014 03 31. HILBORN.PDF 7 See page below.

8AGM 2015. NOTICE OF MOTION. By motion

of the its Executive Committee, 11 August 2015, the proposal for the Clinic’s name change is placed on the AGM agenda, to be considered as a motion at the

AGM, to be voted on by the general membership who

would be present at that meeting: RESOLVED that the corporation apply for Supplementary Letters Patent to change the name of the corporation from “Toronto Workers’ Health & Safety Legal Clinic” to “Workers’ Health & Safety Legal Clinic.” The corporation is not insolvent within the meaning of subsection 19(3) of Ontario Regulation 181.

9 & see page below. 10 2015 08 11. Executive Committee minutes.pdf 11 Approved by the Clinic’s Executive Committee, 11 August 2015. 12 2015 08 11. Executive Committee minutes.pdf 13 previous: see in this newsletter : 2014 09. Vol.22 No.4 [] 1 [] .pdf 2014 09. Vol.22 No.4 [] 2 [] .PDF 2013 09. Vol.21 No.4.doc 2012 09. Vol.20 No.5 .doc , pages 15. 1 Meeting 11 February 2015. 2 Meeting 29 April 2014. 3 Standing committee 30 October. 4 Meeting 26 January 2015 5 Meeting 24 July 2014.

6 ()2015 01 30. TWHSLC Prevention Program

Submissions.PDF 7 ()2014 10 30. TWHSLC Bill 18 Submissions.pdf 8 ()2014 10 01. Clothing Allowance demand.PDF 9 ()2014 04 30. Policy Review.PDF 10 See in this newsletter: 2015 04 Vol23 No2 2014 05. Vol.22 No.2 , page 4. 2013 06. Vol.21 No.2.pdf 11 There is a slight edit of the Executive Committee-approved text in the last two sentences of this paragraph. 12 There is a slight edit of the Executive Committee-approved text in the last sentence of this paragraph.

1Select Committee. 2 2015 05 13. TWHSLC Submission to Select Ctee on

Harassment.PDF 3http://www.ontla.on.ca/web/committee-proceedings/committees_detail.do?locale=en&ID=7870 http://www.ontla.on.ca/web/committee-proceedings/committee_transcripts_current.do?ParlCommID=9016&locale=en

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August 2015. Vol. 23 No.3. 24

4 http://www.ontla.on.ca/web/committee-proceedings/committee_transcripts_details.do;jsessionid=c72d607930d77f157b3080184c22b6a1e5e6cb2e2cf3.e3eRb3iNcheNe34Kb3mPb3iLc390n6jAmljGr5XDqQLvpAe?locale=en&Date=2015-05-13&ParlCommID=9016&BillID=&Business=Strategy+on+sexual+violence+and+harassment%0A&DocumentID=29068

5 case & comment. Metron. R v Kaznelson 6 R v Vadim Kazenelson, 2015 ONSC 3639 http://www.canlii.org/en/on/onsc/doc/2015/2015onsc3639/2015onsc3639.html?searchUrlHash=AAAAAQAOMjAxNSBPTlNDIDM2MzkAAAAAAQ&resultIndex=1 http://www.canlii.org/ 2015 ONSC 3639 (CanLII) 7http://www.cbc.ca/news/canada/toronto/vadim-

kazenelson-found-guilty-in-deadly-toronto-scaffolding-collapse-1.3128868 8 Opinions expressed here are the writer’s, who may be contacted: d441267@yahoo.ca 9 at paragraph [130] 1 newsletter -- 2015 01. Vol.23 No.1 page 3. 2 newsletter -- 2014 09. Vol.22 No.4 page 12 3 2013 10. Vol.21 No.5 pdf 2013 10. Vol.21 No.5.doc page 6. 4 2013 09. Vol21 No4 , page 7. 5 “case still in progress … -- swing-stage scaffold fatalities -- “2013 02. Vol21 No1 , pages 1 & 2. 6 newsletter -- 2012 09 Vol.20 No.5 7“case still in progress… -- swing-stage scaffold fatalities--“ newsletter -- 2012 08. Vol.20 No.4 page 5. 8 See in this newsletter 2012 07. Vol.20 No.3.doc pages 1–4. 9 “case in progress … -- swing-stage scaffold fatalities -- “ 2012 07. Vol.20 No.2 pages 10 & 11. 10 See comments below. 11 See note below. 12 2006 03 27_Westray_Down Sides (AGM 2005 04.pdf 13 M.G., The Law of Occupational Health and Safety in Ontario, Second Edition, Butterworths, Toronto and Vancouver, August 1994, ISBN 0-409-90414-7, Chapter 13. (Now out of print.) 14 -- and see in quote above. 15 newsletter 2013 10. Vol21 No5 pages 6 & 7. 16 http://ofl.ca/index.php/metron-appeal/ 17 Ontario Federation Of Labour, “KILL A WORKER, GO TO JAIL,” “OFL request causes OPP to consider new charges against Orillia-area contractor for workplace fatality,” 25May 2015

http://ofl.ca/index.php/holtminefatality/ OFL, Toronto. M3C 1Y8 18 newsletter -- 2012 08. Vol.20 No.4 R v Filsinger’s 19 newsletter -- 2014 09. Vol.22 No.4 Page 6. R v McFeeters. 20 See case below in this newsletter issue: R v Live

Nation, et al. Ontario OH&S Act. 21 See in this newsletter, M.G., “The right to a government-inspected workplace … ,” 2007 07. Vol.15 No.3 pages 46 & 2007 11. Vol.15 No.4 page 8. 22 The author is a criminal defence lawyer in Toronto. What is suggested here is not legal advice in specific, but rather is a general informational caution. 23 http://www.aidwyc.org/

1 CLINIC NAME CHANGE. 2 Board Minutes, 27 May 2015, page 4. Motion. [][][][] May27-15 Board minutes.pdf 3 Board Minutes, 22 April 2015, page 4. 2015 04 29 14 38. Apr.22-15 Board minutes.pdf 4 & see AGM agenda

5 R v Live Nation – case. 1 newsletter -- 2014 07 Vol.22 No.3 page 9. newsletter -- 2014 04, Vol22 No1 page 4. 2014 02. R v Live Nation.PDF 2 http://www.citynews.ca/2013/06/07/live-nation-others-charged-in-fatal-toronto-stage-collapse/ 3 2014 02. R v Live Nation.PDF 1 2015 07. R v Live Nation, et al. information document .PDF

2 Clinic’s Board & committees. 3 See in this newsletter, June 2013, Vol.21, No.2 2013 06. Vol.21 No.2.pdf , page 7. 4See: BOARD ORIENTATION MANUAL; CONSTITUTION AND BY-LAWS, ARTICLE THREE. http://www.workers-safety.ca/ http://www.workers-safety.ca/publications?dir=publications%3A+news

letter%2C+Workers+Guide%2C+FACT+SHEETS%2C+reports%2C+etc%7C2002+06++Board+Manual 5See in this newsletter, April 2012, Vol.20, No.1, page 5. For previous: Oct. 2011, Vol.19, No.2, page 10; Vol.18, No.3, July 2010, page 2; Vol.17, No. 3, June 2009, page 13; Sept. 2009, Vol.17, No.04, page 8. 6 2015 04 29 14 38. Apr.22-15 Board minutes.pdf page 2. 7 For previous see in this newsletter – September 2012. Vol.20, No.5, page 1, notes 23 28 . 8 Board and committee members may be contacted through the Clinic’s phone number or e-mail. 9 Clinic members who would want to participate on the Board or a committee are invited to contact Linda Vannuci, Lawyer/Director vannucl@lao.on.ca . 10See: BOARD ORIENTATION MANUAL; CONSTITUTION AND BY-LAWS, ARTICLE THREE. http://www.workers-safety.ca/ http://www.workers-safety.ca/publications?dir=publications%3A+newslet

ter%2C+Workers+Guide%2C+FACT+SHEETS%2C+reports%2C+etc%7C2002+06++Board+Manual

For previous see in this newsletter : January 2015

Vol.23 No.1, pages 4 & 5. October 2013, Vol.21 No.5, page 9. April 2012, Vol.20, No.1, page 5. October 2011, Vol.19, No.2, page 10. Vol.18, No.3, July 2010, page 2. Vol.17, No. 3, June 2009, page 13. Sept. 2009, Vol.17, No.04, page 8. 11 2014 10 22. AGM Minutes .pdf page 2. 12 2015 04 29 14 38. Apr.22-15 Board minutes.pdf page 2.

13in the press –

14 US OSHA – Beryllium. 15 Barry Meier, “[US] OSHA Proposes Beryllium Limit Long in Works / An industrial metal is linked to a deadly

lung disease,” The New York Times, 07 August 2015, page B3.

16 American Chemical Society - Periodic Table www.acs.org/content/acs/en/education/whatischemistry/periodictable.html 17 http://www.rsc.org/periodic-table/ 18 Brookhaven National Laboratory - Chart of Nuclides http://www.nndc.bnl.gov/chart/

19Pb poisioning. Helen Epstein, book review,

“Lead Poisoning: The Ignored Scandal,” The New York Review of Books, 21 March 2013.

20http://www.nybooks.com/articles/archives/20

13/mar/21/lead-poisoning-ignored-scandal/ http://www.nybooks.com/articles/archives/2013/apr/04/lead-menace/ 21 Gerald Markowitz and David Rosner, Lead Wars: The Politics of Science and the Fate of America’s Children, University of California Press, ISBN: 9780520273252, April 2013. 22http://www.ucpress.edu/book.php?isbn=9780520273252 http://www.ucpress.edu/search.php?cx=003468885755146690115%3Aomb6ogek1s8&cof=FORID%3A10%3BNB%3A1&ie=UTF-8&q=lead+poisoning+in+children

23 Pb in home renovation. 24 Thomas Beller, “The Menace in Our Own Backyard / When my son was poisoned by lead, I had to act. But how?” The New York Times, Sunday Review, 14 June 2015, pages 6 & 7. 25 2007 07. Vol.15 No.3 page 1, et seq. “Energy efficient lights help Canada go green & save the environment -- but what about the toxic mercury in them.” Corrections February 2009 Vol.17 No.1 page 12. 26 2010 04. Vol.18 No.2 Pb 27 2013 06. Vol21 No2 Pb 28 2009 09. Vol.17 No.4 page 5 Pb old lead paint 29 newsletter -- 2010 04. Vol.18 No.2. “[US EPA] Rule on Lead Safety…” page 5 newsletter -- 2010 04. Vol.18 No.2. Pb & Hg page 5 newsletter -- 2008 07 “Lead & Ontario workers & their children? “ Vol.16 No.03 page 8. newsletter -- 2007 11 “Recalled lead-containing painted toys — what about the workers?” Vol.15 No.04 page 9, et seq.

newsletter -- 2008 09 “Sunrise Propane”Vol.16 No.04 page 3. newsletter -- 2009 06. Vol.17 No.3. page 4. 30 Mireya Navarro, “Rule on Lead Safety Set to Take Effect / Construction workers will have to contain work areas and do thorough cleanups,” The New York

Times, 09 April 2010, page A15.

31 2009 / TLVs® and BEIs® / Based on the Documentation of the Threshold Limit Values for Chemical Substances and Physical Agents & Biological Exposure Indices; ACGIH®; Signature Publications; ISBN: 978-1-882417-95-7; © 2009; 256 pages.

American Conference of Governmental Industrial Hygienists, 1330 Kemper Meadow Drive, Cincinnati, Ohio, 45240-4148; 513 742 2020. http://www.acgih.org/home.htm -- at page 37 – “ADOPTED VALUES”: “…Lead

[7439-92-1] and inorganic compounds, as Pb … [time-weighted average =TWA [see page 255] =] … 0.05 mg/m3 … ”

32 Adria Vasil, “ecoholic / … We have old lead paint peeling off our window frames. What’s the safest way to remove it?,” NOW, Toronto, 6 -12 August 2009, page 21.

33 Christopher Bodeen, Beijing, Associated Press, “Parents clash with police over lead poisoning of children [in China],” The Globe and Mail, Toronto, 18 August 2009, page A10. Also reported as Beijing, AP “Lead Poisoning Of Children In China Leads to Disturbance,” The New York Times, 18 August 2009, page A7.

WORKERS’ HEALTH & SAFETY LEGAL CLINIC

August 2015. Vol. 23 No.3. 25

34 Jim Haner, Sun Staff, “Studies suggest link between lead, violence / Experiment on rats indicates exposure hinders brain growth; Analysis tracks lead, crime,” Baltimore Sun, 09 May 2000. http://www.baltimoresun.com/ http://www.baltimoresun.com/news/maryland/bal-te.lead09may09,0,5552406,full.story Jim Haner, Sun Staff, “Victims of Lead Unnoticed by Courts/Justice System Fails to Track Poisoning, Despite Its Crime Effects; ‘Not Even on the Radar’ “ The Baltimore Sun, 08 October 2000. AMERICAN CHEMICAL SOCIETY Division of Chemistry and the Law newsletter Volume 17, No. 1 SPRING 2001 pages 1618 https://dl.dropboxusercontent.com/u/75749982/CHAL%20Spring%202001.pdf http://www.chemistryandthelaw.org/chal-newsletters/ 35 Helen Epstein, book review, “Lead Poisoning:

The Ignored Scandal,” The New York Review of Books, 21 March 2013. 36http://www.nybooks.com/articles/archives/2013/mar/21/lead-poisoning-ignored-scandal/ http://www.nybooks.com/articles/archives/2013/apr/04/lead-menace/ 37 Gerald Markowitz and David Rosner, Lead Wars: The Politics of Science and the Fate of America’s Children, University of California Press, ISBN: 9780520273252, April 2013. 38http://www.ucpress.edu/book.php?isbn=9780520273252 http://www.ucpress.edu/search.php?cx=003468885755146690115%3Aomb6ogek1s8&cof=FORID%3A10%3BNB%3A1&ie=UTF-8&q=lead+poisoning+in+children

39 Salon Workers, New York City. Sarah

Maslin Nir, “Behind Perfect Nails, Poisoned Salon Workers / Manicurists Tell of Illness and Tragedy,” The New York Times, 11 May 2015, pages A1, A16, A17. 40 Sarah Maslin Nir, “City Agencies To Investigate Nail Salons, Mayor Says / De Blasio offers steps to address

‘deplorable conditions’ for workers,” The New York Times, 16 May 2015, page A15. 41 Sarah Maslin Nir & Paige Pagan, “Progress and Resistance at Nail Salons / After Expose of Abuses, a

Crackdown in New York and a New Law,” The New York Times, 17 July 2015, pages A19 & A21.

42 US soldiers chemical exposure in Iraq. C.J. Chivers, “SOLDIERS PIERCE VEIL OF MYSTERY ON IRAQ AILMENTS / WHAT WAS IN BARRELS? / 12 Years Later, Army Details Brush With Chemicals,” The New York Times, 15 May 2015, pages A1 & A10. 43http://chem.sis.nlm.nih.gov/chemidplus/rn/95-64-7 44http://www.env.go.jp/en/chemi/chemicals/profile_er

ac/profile7/pf1-10.pdf 45 http://webbook.nist.gov/cgi/cbook.cgi?ID=95-64-7

46 Helmet Sensors. Associated Press, “N.F.L.

Players’ Union Weighs the Benefits and the Pitfalls of Helmet Sensors / Eager for technology, but cautious about the use of

data,” The New York Times, 17 May 2015, page A17. 47 See also in this newsletter: 2015 04 Vol23 No2 page 2.

48 formaldehyde. 49 editorial, “The Fight to Regulate Formaldehyde,” The New York Times, 19 May 2015, page 22. 50 See also in this newsletter: 2015 04 Vol23 No2 page 9.

51 US Toxic Substances Control Act. 52 editorial, “Stronger Regulation of Toxic Chemicals,” The New York Times, 25 May 2015, page A18. 53Toxic Substances Control Act 15 USC §2601 et seq. (1976) http://www2.epa.gov/laws-regulations/summary-toxic-substances-control-act http://www2.epa.gov/laws-regulations http://www.epa.gov/agriculture/lsca.html 54http://en.wikipedia.org/wiki/Toxic_Substances_Control_Act_of_1976

55 US Truck Safety. 56 editorial, “A Foolish Attempt to Weaken Truck Safety,” The New York Times, 26 May 2015, page A16.

57Coal mine disaster, West Virginia, 2010. 58 David Segal, “The People v. the Coal Baron / Don Blankenship ruled Massey Energy with an iron fist, until a deadly mine disaster [Upper Big Branch coal mine, Montcaol, West Virginia, 05 April 2010] landed him in court,” The New York Times, Sunday Business, 21 June 2015, pages 1, 4, 5. 59 Page 4. 60 http://www.topix.com/city/montcoal-wv

61 Bangladesh garment industry tragedy. 62 Julfikar Ali Manik & Nida Najar, “Bangladesh Police Charge 41 With Murder Over Rana Plaza Collapse,” The New York Times, 01 JUNE 2015. http://www.nytimes.com/2015/06/02/world/asia/bangladesh-rana-plaza-murder-charges.html http://www.nytimes.com/ 63 CBC News, Associated Press, “Bangladesh to lay murder charges in 2013 garment factory collapse,” 01 June 2015. http://www.cbc.ca/news/business/bangladesh-to-lay-murder-charges-in-2013-garment-factory-collapse-1.3094924 http://www.cbc.ca/news/

64 Soccer concussions. 65 Dan Barry, “Playing a Safer Sport [soccer] And Paying the Price / A young athlete’s self-diagnosis

[concussion] is confirmed in the most difficult way,” The New York Times, Sports Monday, 22 June 2015, pages D1 & D2..

66 Takata airbags. Ammonium Nitrate. 67 Aaron M. Kessler & Hiroko Tabuchi, “Lawmakers Press Takata On Propellant in Airbags / The company

says it has tamed a volatile explosive,” The New York Times, 03 June 2015, pages B1 & B4. 68 … page B1. 69 See also: newsletter -- 2014 05 Vol.22 No2 page 8.

newsletter -- 2013 10. Vol21 No5 page 11. 70http://en.wikipedia.org/wiki/Ammonium_nitrate

71(NH4

)+ (NO3)- CAS 6484-52-2 80.052 g/mol. 72http://en.wikipedia.org/wiki/Ammonium_nitrate_disasters

73 Ammonium Nitrate fertilizer – Texas. Glenn Hess, Senior Correspondent, “TEXAS TIGHTENS RULES ON AMMONIUM NITRATE,” C&EN, American Chemical Society, Washington, DC, 20036, 01 June 2015, page 23.

74 Coal Mining Disaster --Turkey. 75 Ceylan Veginsu, “Anguish One Year After [coal] Mining Disaster in Turkey,” The New York Times, 03 June 2015, page A6.

76 W. Va. Physician – black lung. 77 Sam Roberts, “Dr. Donald L. Rasmussen, Crusader For Coal Miners’ Safety, Dies at 87 / A [West Virginia] physician who set off a grass-roots movement that upended an industry,” The New York Times, OBITUARY, 03 August 2015, page B8.

78 9/11 Dust. 79 Margalit Fox, “Paul Lioy, 68, Scientist Who Analyzed

9/11 Dust And Its Health Effects, Dies,” The New York Times, OBITUARY, 12 July 2015, page 24. 80http://www.nytimes.com/2015/07/12/nyregion/paul-lioy-scientist-who-analyzed-9-11-dust-and-its-health-effects-dies-at-68.html 81 Paul J. Lioy, dust / THE INSIDE STORY OF ITS

ROLE IN THE SEPTEMBER 11TH AFTERMATH, Rowman & Littlefield Publishers, Inc., Plymouth, PL6 7PY, United Kingdom; 2010; ISBN 978-1-4422-0148-4 978-1-4422-0149-1. https://books.google.ca/books?id=fOsKLdNUTh8C&printsec=frontcover&dq=lioy+dust&hl=en&sa=X&ei=CQugVfzmFYy5-AH54LaYBQ&redir_esc=y#v=onepage&q=lioy%20dust&f=false 82 https://rowman.com/RLEducation

83 Criminal charges – construction pit

collapse – New York City. 84 David W. Chen, “Manslaughter Charges for Construction

Managers After Worker Dies in [New York City] Pit Collapse,” The New York Times, 06 August 2015, page A24.

85 Strippers. 86 Antonia Crane, “Stop Stealing From Strippers / There’s nothing exotic about our abysmal working conditions,” The New York Times, 14August 2015, OP-ED, page A23. 87 Antonia Crane, Spent: A Memoir, Rare Bird Books, Los Angeles, 90013; 2014. ISBN: 978-1-940207-06-3. http://www.rarebirdbooks.com/spent

88 Tianjin toxic chemical storage. 89 Andrew Jacobs, “Death Toll in Chinese Fire Rises,

Along With Anger at Apparent Safety Lapses,” The New York Times, 15 August 2015, page A9. 90http://www.dsm.com/content/dam/dsm/cworld/en_US/documents/dsm-gps-product-safety-summary-sodium-cyanide-143-33-9.pdf 91https://en.wikipedia.org/wiki/Sodium_cyanide

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August 2015. Vol. 23 No.3. 26

92http://www.acs.org/content/acs/en/education/whatischemistry/landmarks/calciumcarbideacetylene.html 93https://en.wikipedia.org/wiki/Calcium_carbide https://en.wikipedia.org/wiki/Carbide_lamp

94 RCMP labour violations. Canadian Press,

“RCMP charged with labour violations in relation to deaths of Moncton officers,” The Globe and Mail, Toronto, 15 May 2015, page A3.

95 Chemicals in Nova Scotia case ruled

not threats. 96 Michael Tutton, “CHEMICALS, EMAILS NOT THREATS, JUDGE SAYS,” NATIONAL POST, Toronto, 25 June 2015, page A5. 97 Michael Tutton, CANADIAN PRESS, “Christopher Phillips found not guilty of threats to police in chemicals case,” 24 June 2015. http://news.nationalpost.com/news/canada/halifax-man-found-not-guilty-of-threats-to-police-in-chemicals-case 98 http://www.cbc.ca/news/canada/nova-scotia/christopher-phillips-accused-in-chemical-scare-to-stay-in-jail-1.2945901 http://metronews.ca/news/halifax/1280205/crown-attorney-in-halifax-reviewing-charges-in-dangerous-chemicals-case/ 99http://www.sciencelab.com/msds.php?msdsId=9926344 100https://en.wikipedia.org/wiki/Osmium_tetroxide

101 industrial fatality at Algoma Steel,

Hamilton; inquest ~1959. 102 Naheed Mustafa, CBC radio, The Doc Project, 15 July, 2015, “What can you tell me about Stanley?...” “Every family has secrets. But few have been held as tightly - and for as long - as this. Freelance Producer Alison Motluk uncovers tragedy [industrial fatality at Algoma Steel, Hamilton; inquest ~1959] and truth in her documentary: What can you tell me about Stanley?”

http://www.cbc.ca/radio/docproject/what-can-you-tell-me-about-stanley-1.3151737

103 CAS -- 100 millionth chemical. 104 L.W., “CAS MARKS MULTIPLE MILESTONES,” CHEMICAL & ENGINEERING NEWS, American Chemical Society, Washington, D.C., 13 July 2015, page 33. 105 https://www.cas.org/news/media-releases/100-millionth-substance www.cas.org/File Library/Products/STN/issue6-15.pdf http://image.communications.cas.org/lib/fe9512727665047470/m/1/June_CAS_REGISTRY1.pdf

106 CAS 1786400-23-4 (4S)- 6-(4-Chlorophenyl)-N-ethyl-8-[2-[[4-[(hydroxydimethylsilyl)methyl]benzoyl]amino]ethoxy]-1-methyl-4H- [1,2,4]triazolo[4,3-a][1,4]benzodiazepine-4-acetamide

107 newsletter, “the regulation of named chemicals – What are CAS Numbers – why are they used?”

2008 07. Vol.16 No.3 2008 07. Vol.16 No.3 .pdf pages 47. 108 2008 04. Vol.16 No.2 109http://image.communications.cas.org/lib/fe9512727665047470/m/1/June_CAS_REGISTRY1.pdf

110 facebook twitter. 111data added to http://www.workers-safety.ca/

112

for future issues: ●Maquila. www.maquilasolidarity.org

●Canadian federal OH&S

inspections.* ●US Chemical Safety & Hazard

Investigation Board.

●topic revisited—Ministry of

Labour library. **

●book review: Occupational Health & Safety–Theory, Strategy & Industry Practice, 2nd Edition. ***

* David Macdonald, Success is No Accident / Declining

Workplace Safety Among Federal Jurisdiction Employers, CANADIAN CENTRE for POLICY ALTERNATIVES, Ottawa K1P 5E7; 27 April 2010; ISBN 978-1-897569-88-7 http://www.policyalternatives.ca/ http://www.policyalternatives.ca/publications/reports/success%E2%80%89%E2%80%89no%E2%80%89accident http://www.policyalternatives.ca/sites/default/files/uploads/publications/reports/docs/Success%20Is%20No%20Accident_0.pdf “Report blasts federal workplace inspection,” Canadian Occupational Health & Safety News, 03 May 2010, Vol.33, No.17,

pages 1 & 2.

**See in this newsletter Vol. 15 No.4.

***LexisNexis http://www.lexisnexis.ca/bookstore/bookinfo.php?pid=2089

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