Canadian Occupational Safety

May 2014

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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May 2014 7 New N.L. roadside safety laws M otorists in Newfoundland and Labrador will now be required to move over when approaching stopped emergency, enforcement or other designated vehicles. The new law under the Highway Traffi c Act came into effect March 10 and will require motorists to stop or slow to a reasonable speed and give a wide berth to those working by the side of the road. "By slowing down and moving over we can ensure that workers can perform their duties more safely and reduce the risk of anyone getting injured or worse by a vehicle," said Minister of Service NL Dan Crummell. This new law is in addition to the existing law that requires drivers to pull over to the side or otherwise yield the right of way when an emergency vehicle is approach- ing with lights and sirens activated. As a rule, motorists will now create a buffer lane by slowing down and putting as much distance as possible between themselves and a designated stopped vehicle. Designated vehicles which require a wide berth under the new laws must be operating fl ashing red, blue or amber lights or have other traffi c warning signals. Failing to exercise these safe driving practices can result in fi nes of $300 to $900, and four demerit points against the offending driver's record in the event of a conviction. DESIGNATED VEHICLES CAN INCLUDE: • emergency and enforcement vehicles • tow trucks or other roadside assistance vehicles • search and rescue vehicles • public utility vehicles • municipal, provincial or federal enforcement or service vehicles. Near-record workplace deaths in Alberta By Sabrina Nanji W ork-related fatalities in Alberta hit a near record in 2013. According to data released from the provincial government, 188 workers died last year as a result of workplace factors. The num- bers have nearly doubled compared to previous years — a jump likely caused by the inclusion of occupational diseases to the prov- ince's fatality rubric. Of those 188 deaths, 99 could be linked to an occupational disease, such as long-term exposure to carcinogens or other dan- gerous airborne particles, according to data compiled by the Alberta Workers' Compensation Board (WCB). The high fi gures do not necessarily come as a surprise to Thomas Lukaszuk, who helms Alberta's newly-formed Ministry of Jobs, Skills, Training and Labour. "There is also an irony in that number, as well in that — as our science gets better and our understanding of occupational diseases gets better — we accept occupational diseases, fatalities and medical conditions, which even last year we did not know about," he said. "So as the number goes down, we accept medical conditions and we grow that number as well." In reality, the fatalities are likely much higher, said Gil McGowan, president of the Alberta Federation of Labour (AFL). He pointed to fi refi ghters, whose high-risk work-related cancers and diseases are now eligible for workers' compensation benefi ts. Had the data included other work-related cancers, in particular those that pose a high risk for energy sector employees, the numbers would have been higher. To tackle these high numbers, Lukaszuk intends to work closely with health and safety offi cials and the province's WCB, as well as with similar bodies in other provinces and countries, to ensure best practices are applied. The province will also ramp up its educa- tion and enforcement efforts. "We have two new tools in our enforcement tool box. Those are administrative fi nes, which can be quite hefty, and also we can now ticket in the province of Alberta to reinforce how important this is. But by far, education would be the preferred tool," he said. As well, making a more aggressive commitment to enforcement would have employers thinking twice about cutting health and safety corners, said McGowan. Sabrina Nanji writes for Canadian Safety Reporter, a sister publication of COS. Elliot Lake engineer faces criminal charges By Sabrina Nanji R obert Wood, the engineer who inspected the Algo Centre Mall in Elliot Lake, Ont., prior to its collapse, is facing criminal charges. At the end of January, the Ontario Provincial Police charged Wood with two counts of criminal negligence causing death and one count of criminal negligence causing bodily harm. The rooftop parking deck of the Algo Centre Mall caved in on June 23, 2012. It crumbled into the food court, injuring dozens and killing two women — 37-year-old Lucie Aylwin, a lottery kiosk employee, and 70-year-old Doloris Perrizolo, who was shop- ping at the time. According to David Smith, manager of communications for the Professional Engineers Ontario (PEO), Wood is no longer a professional engineer as his licence was revoked. After the Algo Centre incident, the PEO launched its own independent investigations into the conduct of certain engineers, including Wood. Ontario's labour ministry also launched an investigation and sent fi eld engineers out for proactive checks and blitzes. A public inquiry, led by Justice Paul Bélanger, was commissioned by the province and has three major components to its mandate — to examine the events leading to the mall's collapse; evaluate the emergency response; and make recommendations on how to prevent another such tragedy and perhaps improve emergency management. The fi nal report is expected to be delivered Oct. 31, 2014. So where does the responsibility lie? During a policy roundtable discussion at the Bélanger hearings, which focused on the role of pro- fessionals and managers, Greg Miller, vice-president of the Ontario Association of Certifi ed Engineering Technicians and Technologists, made two recom- mendations to improve the safety of workers and the public. The fi rst recommendation is the creation of a minimum standard for maintenance. "It does not necessarily have to be the internal building code — it certainly makes sense from what we hear — as long as it makes it into regulation that, in part and parcel, the PEO has proposed a structural practical (system)," Miller said. The government also has a strong role to play in upping preventative safety measures. Miller's second recommendation is for legislation that would enforce a thorough structural inspection of high-risk build- ings, at a minimum of once every fi ve years. As the labour ministry, police, municipal offi ces, professionals and legal experts zero in on the root of the collapse, its victims are paving their own path to justice. Fronted by John and Elaine Quinte — whose restaurant, Hungry Jack's, was reduced to rubble when the mall's roof collapsed — a class-action law- suit was given the green light in February. It includes 300 people and businesses seeking $30 million in damages and is aimed at 13 defendants, namely the Government of Ontario, the City of Elliot Lake, past and present owners of the mall, and Wood himself. "The damages involve a number of losses, includ- ing that businesses lost profi ts, that employees were not employed in large measure because their places of employment were simply destroyed by the mall collapse," said David O'Connor of Toronto-based fi rm Roy O'Connor, one of the lawyers representing the plaintiffs in the case. "There are also potential injury losses and psychological damages for many people in the class." Among other things, O'Connor said the lawsuit will provide tangible accountability. "I hope that not only the class (action) members, but the public generally gets some explanation and some fi ndings as to what went wrong, and who con- tributed to what went wrong," O'Connor said. According to data released from the provincial government, Of those 188 deaths, 99 could be linked to an occupational PHOTO: NATHAN DENETTE (REUTERS)

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