Canadian Occupational Safety

July/August 2020

Canadian Occupational Safety (COS) magazine is the premier workplace health and safety publication in Canada. We cover a wide range of topics ranging from office to heavy industry, and from general safety management to specific workplace hazards.

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www.thesafetymag.com/ca 9 MAN CHARGED FOR MAKING FALSE CLAIM TO EMPLOYER THE U.S. Department of Justice released a statement in May regarding an Atlanta man who has been charged for misrepresenting to his employer that he had tested positive for COVID-19. The man worked for an unnamed Fortune 500 company in Atlanta. The company had told employees that they could take paid time off to quarantine should they test positive for the novel coronavirus. In the statement, Chris Hacker, special agent in charge of the Federal Bureau of Investigation (FBI) Atlanta, said, "Scammers continue to take advantage of the COVID-19 pandemic through a variety of means. We receive numerous complaints every day and this case is a reminder that we remain vigilant in detecting, investigating and prosecuting any wrongdoing related to the crisis." The U.S. Attorney's Office for the Northern District of Georgia states that the man has been charged with defrauding his employer by allegedly faking a positive COVID-19 medical excuse letter. The man has since admitted that he did not have COVID-19. In doing this, the man's employer had to stop business and sanitize the workplace. Employees were paid during the shutdown. The company estimates that this action caused a loss of approximately US$100,000 to the corporation. Furthermore, U.S. attorney Byung J. Park said in the statement that the defendant caused "distress to his coworkers and their families." Indeed, workers and their families may have been caused undue stress and anxiety due to fearing that they had been in close contact with a colleague who tested positive for COVID-19. The charges are part of a broader effort made by the State of Georgia to protect its citizens from criminal fraud related to the pandemic. It has created a Coronavirus (COVID-19) Fraud Task Force as part of these efforts. The task force was launched in early April. In a statement announcing the creation of the task force, Chris Carr, Georgia's attorney general, said, "Our office has received hundreds of complaints regarding scams, price gouging, and other issues related to the COVID-19 pandemic, and we won't tolerate those who are taking advantage of consumers and interfering with our frontline workers' response to the crisis." The pandemic has seen a rise in coronavirus- related fraudulent schemes not just in the U.S. but in countries all over the world, including Canada. In April, American PPE giant 3M filed a series of legal actions in Canada and in the U.S. related to alleged fraud, price gouging and counterfeiting. At the start of May, the manufacturer sued five vendors in federal courts in Florida, Indiana and Wisconsin for allegedly offering billions of nonexistent N95 respirators. Additionally, 3M filed legal actions in the Superior Court of Justice in Ontario, alleging that defendants Zhiyu Pu and Harmen Mander, directors of Caonic Systems, Inc., falsely affiliated themselves with the company to sell N95 respirators at higher prices. Glencore Canada fined $137,500 after workers injured Following a planned restart of a smelter, a 98-per-cent sulphuric acid solution was delivered to the site in four rail cars. Two tank trucks from a third-party contractor were on site to help move the acid from the rail cars to the acid plant. The court found that the company failed to ensure that a rail car had been depressurized before the transfer line was disconnected, resulting in an acid spray that injured three workers. Glencore was fined $110,000. The court also imposed a victim fine surcharge, equal to $27,500, bringing the total fine to $137,500. "We receive numerous complaints every day and this case is a reminder that we remain vigilant in detecting, investigating and prosecuting any wrongdoing related to the crisis." Chris Hacker, special agent in charge of the Federal Bureau of Investigation (FBI) Atlanta Custom precision metal fabricators fined $81,250 after worker injured 4-Way Metal Fabricators will be required to pay a total fine of $81,250 after a worker sustained injuries while working at an unguarded punch press machine. The worker's hand became trapped under the ram of the punch press and he was subsequently injured. He had been placed at 4-Way Metal through an employment agency called H & H Employment. As well as an initial $65,000 fine, the court has imposed an additional 25-per-cent victim fine surcharge, required by the Provincial Offences Act. This surcharge amounts $16,250, bringing the total fine to $81,250. Worker fatally hit by moving vehicle, results in $156,250 fine Great Northern Insulation (GNI) will have to pay a $125,000 fine after a worker was fatally run over installing tire chains due to slippery driving conditions. Provincial Offences Court in Parry Sound, Ont. found that GNI failed to take reasonable precautions when protecting its worker from the hazard of being hit by a moving vehicle. Said vehicle was not adequately immobilized when installing tire chains. The court has also imposed a victim fine surcharge, required by the Provincial Offences Act. This amounts to $31,250, bringing the total fine up to $156,250

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