Canadian Occupational Safety

6 Canadian Occupational Safety www.cos-mag.com WORKPLACE NEWS Ontario WSIB rewarding dangerous fi rms: OFL report By Sabrina Nanji A recent report by the Ontario Federation of Labour (OFL) claims the province's Workplace Safety and Insurance Board (WSIB) has been fi nancially rewarding dangerous employers through its rebate system — and in some cases, in the years immediately following the incidents. Rewarding Offenders points to millions of dollars handed out in workers' compensation rebates to companies that have been found guilty of health and safety offences. Between 2011 and 2013, 135 companies that had been previously convicted of offences under the Occupational Health and Safety Act were granted rebates on their premiums by the WSIB's experience rating system, according to the OFL report. That evidence points to claims suppression and perfunctory health and safety measures that essentially lead to the WSIB paying the fi nes it initially slapped on those employers, said Sid Ryan, OFL president. "In essence, what we're doing is paying the fi nes for these bad employers. If you get a fi ne, you get a rebate," he said. For instance, the report claims that 78 of those 135 dangerous employers received almost $15 million in rebates in the same year they committed the offences. In other cases, the rebates exceeded the fi nes levied, said the report. Take gold producer Goldcorp, which was paid a net rebate of $2.7 million for 2013, two years after a 57-year-old electrician was killed when he was run over by a scoop tram. The company pleaded guilty to failing to implement adequate safety procedures and was fi ned $350,000. "The system, as it stands right now, is saying to employers 'You can kill workers, you can maim workers, but don't worry about it. If you have a good safety record the following year, we're going to give you a rebate, regardless of the fact that your health and safety system completely broke down the year before,'" Ryan said. But the WSIB denounced the report as fl awed and littered with misleading information. The researchers did not consult with the WSIB during the course of their investigation, said Christine Arnott, a spokesperson for the board. "(Rewarding Offenders) inaccurately states that numerous rebates were paid to employers when, in fact, they were not," she said. "In four examples, the report inaccurately states that rebates ranging from $675,000 to $2.7 million were paid to these employers. In fact, all four of these rebates were cancelled under the WSIB's fatal claims adjustment policy and were never paid out." Under the board's fatal claims adjustment policy, a company found responsible for an employee's workplace death will not be eligible for a rebate during the same year in which the fatality occurred. As well, the fatal claims adjustment policy saw the cancellation of $10.9 million in premium rebates since 2009, with $4 million worth of rebates still pending review. The workers' compensation board provides rebates or levies surcharges based on the experience of the employer and, since 2009, it has collected $1.1 billion in employer premium surcharges. RESEARCH 'IRONCLAD,' SAYS AUTHOR When conducting his research, Joel Schwartz, OFL study author and staff lawyer at the Toronto-based Industrial Accident Victims Group of Ontario, fi led freedom of information requests and contrasted those against the Ontario Ministry of Labour's workplace injury and fatalities releases. As such, the research is ironclad and any suggestion otherwise amounts to pandering, he said. In his report, Schwartz recommends the WSIB be subject to regular oversight and held accountable by a third- party body. As well, he suggests both the experience rating program and the fatal claims adjustment policy be overhauled or thrown out entirely. The workers' compensation board is in the midst of revamping its experience rating program. "We recognize that more can always be done to improve workplace safety," Arnott said. This isn't the fi rst time the WSIB has come under fi re from the labour federation. In 2008 a Toronto Star investigation revealed the board had rebated tens of millions of dollars to businesses that had been found guilty of workplace injury and death. After heated backlash, then-Ontario premier Dalton McGuinty called the matter "an embarrassment" and vowed change. In 2012 the government initiated a funding review, headed by Harry Arthurs, a professor and former dean of Osgoode Hall Law School in Toronto. He determined that experience rating programs fail to punish illegal claims suppression practices. B.C. mining injuries declining T he total annual injury rate for mines in British Columbia has hit its lowest level since 1987, when the Ministry of Energy and Mines fi rst began collecting the data. The 2013 annual average rate was 0.9, down from 1.1 in 2012, according to the 2013 Annual Report of the Chief Inspector of Mines. A total of 29 workers were injured in mines in 2013. "Protection of workers, the public and the environment is always at the top of our minds, and our collective efforts continue to ensure that mining remains one of the safest heavy industries in British Columbia," said Al Hoffman, chief inspector of mines. "This report demonstrates both the progress the industry has made in health and safety and the work the industry faces in the future, such as mine reclamation, to make mining in B.C. safer and more sustainable for us all." There was also a decrease in dangerous occurrences in 2013, down to 206 compared to 212 in 2012. And there were no fatalities in 2013. From 2000 to 2013, there were 18 operations-related fatalities at B.C. mines. Operations-related fatalities do not include incidents such as heart attacks or deaths from industrial disease. In 2013, the most common location of accidents was in the pit, accounting for 28 per cent of total incidents reported. Plant/mill came in second at 17.1 per cent, followed by maintenance (shop) at nine per cent. Inadequate planning was a contributing factor in 59 per cent of total incidents reported. Operator error played a role in 32 per cent and not following work procedures came in third, cited in 30 per cent of incidents. When it comes to specifi c equipment, a haul truck was involved in 14.2 per cent of total incidents, followed by a dozer (7.1 per cent) and crane (7.1 per cent). In 2013 inspectors made 1,201 visits to mine sites, conducted 904 inspections, issued 1,877 health and safety orders and shut down 16 pieces of equipment. The majority of orders were issued at sand and gravel pits, followed by surface coal mines. As of November, WorkSafeBC has accepted a total of 148 short-term disability, long-term disability and fatal claims for 2013, down from 176 in 2012. The number of days lost to injury also decreased slightly, down to 10,399 in 2013 from 10,825 in 2012. Because the report covers results from 2013, it does not address or include any information or statistics from 2014, including the death of a coal mine worker in March and the tailings dam failure at the Mount Polley mine in August. O ntario is improving safety for construction workers by making new training for those who work at heights mandatory as of April 1. The new Working at Heights Training Program Standard will ensure everyone using fall protection systems is consistently trained and better protected on the job, said the provincial government. Workers on construction projects must complete the training if they are required by the Construction Projects Regulation to use a travel restraint system, fall restricting system, fall arrest system, safety net, work belt or safety belt. "Falls are the number 1 cause of critical injuries and fatalities of workers at construction projects in Ontario," said Kevin Flynn, minister of labour. "We need to fi x that, and the new mandatory working at heights standards are one step we're taking to ensure workers are safe on the job and return home at the end of each work day." In 2013, 21 workers died in incidents on construction projects in Ontario. Almost 50 per cent were as a result of falls. The training program standard requires workers to complete two modules: basic theory (three hours) and practical (3.5 hours). The basic theory module covers: • rights and responsibilities related to working at heights • identifying hazards of working at heights (focus on safety culture) • understanding the hierarchy of controls and limitations of personal protective equipment (PPE) • warning methods and physical barriers workplace death will not be eligible for a rebate during the same year in which the millions of dollars to businesses that had been found guilty of workplace injury and death. After heated backlash, then-Ontario premier Dalton McGuinty called the matter "an embarrassment" and vowed change. of incidents. When it comes to specifi c equipment, a haul truck was involved in 14.2 per cent of total incidents, followed by a dozer (7.1 per cent) and crane (7.1 per cent). In 2013 inspectors made 1,201 visits to mine sites, conducted 904 inspections, issued 1,877 health and safety orders and shut down 16 pieces of equipment. The majority of orders were issued at sand and gravel pits, followed by surface coal mines. As of November, WorkSafeBC has accepted a total of 148 short-term disability, long-term disability and fatal claims for 2013, down from 176 in 2012. The number of days lost to injury also decreased slightly, down to 10,399 in 2013 from 10,825 in 2012. Because the report covers results from 2013, it does not address or include any information or statistics from 2014, including the death of a coal mine worker in March and the tailings dam failure at the Mount Polley mine in August. Ontario announces a

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