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What’s Happening in Health & Safety
in Ontario
Presented by
Keith Lamson
“Safetydude”
Sorry, but our time
is short
WSIBWorkwell has NOT gone away !
It’s being re-tooled
WSIB vs. MOL controlled
Ministry of Labourstatus quo on: Safety Groups
Certification Training
Prevention initiatives
Any new Training requirements can’t be implemented
until the Legislation is changed
Fall Blitz: Manufacturing & Industrial Workplaces
Machine guarding hazards
Repetitive strain injuries
Workplace Violence
Health Care Workplaces
Infection prevention and control
New prevention advisory council has been announced.
“The council will provide support for the Chief Prevention Officer and advise the Minister of Labour on the prevention of workplace injuries and illnesses, and the development of a provincial occupational health and safety strategy.”
VS
Is this posted within each of your locations?
Available
FREE on-line
How many of you had
“FUN”
with understanding
and complying
with Bill 168 on
Workplace Violence?
Just
wait………
Soon to be released CSA Standard on Psychological Health & Safety in the
Workplace
A CSA standard has been
developed, setting out
optimistic goals and
processes for achieving
“psychological health and
safety” in the workplace.
“Voluntary Standard”
Accepted as best practice
Could be enforced through General Duty Clause in
extreme cases
Once you develop a formal Policy can be enforced or
used against organization if not met
“Workplace not always part of the problem,
but can always be part of the solution”
Goal is too look at Organizational issues not personal
ones.
EAP programs, Good HR Management Practises
are a must
Above and beyond the scope and abilities
of the average H&S Department
Immediately opens the door for:
• Third Party Benefits carriers to deny
mental stress claims as being “work related”
• Reduce burden for WSIB accepted stress claims
Recent
Very
Interesting
Decisions
Interesting !
Very
Interesting !
The Divisional Court confirms that
Employers and Contractors are required
to report a critical injury or fatality
suffered by a non-worker in the
"workplace" to the Ministry of Labour
Do you report
Serious
Customer
Accidents
to the MOL?
A worker takes a bet and for the sum of $100
staples his genital area to a 4x4 wooden plank in
the workplace lunchroom. Through the wonders of
modern technology this is recorded. A co-worker
posts this on the Internet.
He did what ?
The consequence:
The worker is discharged upon discovery by the
employer. The Ontario Labour Relations Board
upholds the discharge. The board states in
discussing the movie, “[i]f the…employees want
to emulate the principals of Jackass by self-
abuse, they may be free to do so when they are
not on the [workplace] premises and cannot be
identified as being associated with the
[employer].
r
Metron
Bill C 45
Criminal
Negligence
Case“in contrast to proceedings under health and safety legislation, there is no due diligence defence to criminal negligence”
“should a person be injured or killed by the criminally negligent behaviour of a senior officer of the organization, the organization could be convicted regardless of the extent of any positive steps taken.”
Jeremy Warning
Barton v. Rona Ontario
Judge Lauwers did not find fault for terminating Mr. Barton’s employment for its own business reasons but doing so is a breach of contract which Mr. Barton was entitled to damages for wrongful dismissal.
In this case, the failure to provide a warning to Mr. Barton was indeed fatal to a finding of just cause for dismissal. The judge suggested that the option of discipline short of termination should have in fact been utilized.
Safety is a Life Event
not just a Work
Event
Keith Lamson
905-878-3810
www.operationsafety.ca
