Presentation Transcript

1. What’s Happening in Health & Safety in Ontario Presented by Keith Lamson “Safetydude”
2. Sorry, but our time is short
3. WSIB Workwell has NOT gone away ! It’s being re-tooled WSIB vs. MOL controlled
4. Ministry of Labour status quo on: Safety Groups Certification Training Prevention initiatives Any new Training requirements can’t be implemented until the Legislation is changed
5. Fall Blitz: Manufacturing & Industrial Workplaces Machine guarding hazards Repetitive strain injuries Workplace Violence Health Care Workplaces Infection prevention and control
6. 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
7. Is this posted within each of your locations? Available FREE on-line
8. How many of you had “FUN” with understanding and complying with Bill 168 on Workplace Violence? Just wait………
9. 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.
10. “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
11. “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
12. 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
13. Interesting ! Very Interesting ! Recent Very Interesting Decisions
14. Do you report Serious Customer Accidents to the MOL? 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
15. 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 ?
16. 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].
17. 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
18. 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.
19. Safety is a Life Event not just a Work Event Keith Lamson klamson@operationsafety.ca 905-878-3810 www.operationsafety.ca