Canadian Occupational Safety

Aug/Sept 2015

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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6 Canadian Occupational Safety www.cos-mag.com New revised workplace fi rst-aid kit standard By Liz Foster T he International Safety Equipment Association (ISEA) in Arlington, Va., has released a revised workplace fi rst-aid kit standard, and groups on this side of the border are hoping to follow suit. The standard — which received American National Standards Institute (ANSI) approval — introduces two classes of fi rst-aid kits. Moving forward, kits will be classifi ed based on the assortment and quantity of fi rst-aid supplies. Class A kits are designed to deal with common workplace injuries such as minor cuts, abrasions and sprains. Class B kits include supplies necessary to deal with injuries in more complex or high-risk environments, and must include both a splint and a tourniquet. Under the new standard, fi rst-aid kits will also be designated by Type (I, II, III or IV) in relation to the applicable work environment. While Type I kits are designed for indoor use, Type IV kits are intended for outdoor use and must pass tests for corrosion, moisture and impact resistance. "The new standard is adjusted so that a business needs to think about how many employees they have in addition to the risks and hazards associated with their work environment," said David Lapp, chairman of ISEA's fi rst-aid product group. "By splitting the standard up between two classes of kits, the new standard differentiates the hazardous conditions of a sheet metal shop from an insurance agency, for example." The Canadian Red Cross, in partnership with the CSA Group, is attempting to create a similar national standard for workplace fi rst aid in Canada. According to the organizations, a standards- based approach will ensure consistent, high quality and measurable training because the standard would be updated regularly to refl ect current scientifi c evidence and best practices. Previously, the decision-making behind workplace fi rst-aid has had more to do with opinion than evidence, said Ian Fitzpatrick, national co-ordinator regulatory compliance, prevention and safety at the Canadian Red Cross in Ottawa. "About 15 years ago a group sat around a table and decided what should be in the fi rst- aid kit," he said. "And that's based on the injury statistics of 15 years ago. And the injuries of 15 years ago are typically not the injuries of 2015." All of the s t a k e h o l d e r s i n vo l ve d i n creating a national standard for Canada, Fitzpatrick said, agree a more unifi ed approach that is evidence-based will lead to the safest workplaces possible. And, in a matter of increasing importance, the national standard would allow for improved labour mobility. "There are different requirements from province to province," said Fitzpatrick. "Some bigger employers have people moving from province to province and they have to make sure those people have the required fi rst-aid training for each of those jurisdictions… I would think it would be a lot easier for an employer not to have to worry about whether that employee moving to that jurisdiction needs any required additional training or has to go through any additional certifi cations just to be able to work." As it stands now, the jurisdictional differences for the requirements for fi rst-aid kits vary widely across Canada. Fitzpatrick estimates as many as 30 different types of kits exist throughout the country Being able to quickly incorporate new information into fi rst aid across the country would be a huge advantage provided by a national standard, Fitzpatrick said. Much like the ISEA national standard, the Canadian Red Cross and CSA Group's standard would divide workplaces into several levels based on hazard assessments and include new requirements for fi rst-aid kits. Liz Foster writes for Canadian Safety Reporter, a sister publication of COS. WORKPLACE NEWS Kee Safety, Ltd. Call: 1-877-505-5003 www.KeeGuard.ca Separating People from Hazards SM Permanent or Portable Rooftop Fall Protection • Install without welding, drilling or penetrating the roof membrane • Models also available for skylights, hatches, stairs, and walkways • Modular design to fit virtually any flat or low-sloped roof configuration • Galvanized for corrosion-resistance KeeGuard ® permanent roof edge railing systems KeeGuard ® Contractor portable systems with environmentally-friendly recycled PVC bases. CSA & OHS Compliant! Judge orders Nova Scotia company to give 150 hours of safety presentations By Adrian Miedema A Nova Scotia court has imposed a "creative sentence" for a violation of the Occupational Health and Safety Act (OHSA), requiring a company to make safety presentations in addition to paying a fi ne. Chris Boyle, a journeyman electrician at R.D. Longard Services in Halifax, was electrocuted when he made a "tragic, fatal miscalculation," deciding to work on an ener- gized system. The company was found guilty of failing to institute any policies or practices that addressed workplace safety, but instead relying exclusively on the employee being an experienced and safety-conscious electrician. Further, the company did nothing to ensure compliance with the Canadian Electrical Code. The trial judge found that Boyle "cannot have been unaware of the danger and must have thought he could do the work without coming into contact with the energized bus bars." Boyle's decision to work on the energized system did not absolve the employer of its obligations under the internal responsibility system of the OHSA, said the judge. Boyle was 39 and left behind his wife and two daughters, ages six and four. The court imposed a fi ne of $35,000 on the company, acknowledging that the company was very small and was now insolvent and no longer operating. The Nova Scotia OHSA also allows for "creative sentencing." In imposing a creative sentence option, the court noted that the electrician's death and the lack of formal safety policies at the company "constitute a sobering message for other small businesses in the construction trades." The court decided to impose a "community service order" requiring the company to make a series of presentations on the facts of the case as indicated in the trial decision, the applicable regulatory requirements, the workplace safety issues involved and the required due diligence. The presentations must total 150 hours and be completed in 18 months. Under the Nova Scotia OHSA, creative sentencing options can include: • directing the offender to publish, in the manner prescribed, the facts relating to the offence • directing the offender to pay the minister an amount for the purpose of public education • community service • requiring the offender to comply with such other reasonable conditions as the court considers appropriate and just in the circumstances with the objective of securing the offender's good conduct and preventing a repetition of the same offence or the commission of other offences. While Nova Scotia's legislation permits such creative sentencing options, other provinces, such as Ontario, do not. In a number of provinces, the government prosecutors often issue press releases that identify the company, the violation and the amount of the fi ne. Adrian Miedema is a partner in the Toronto employment group of Dentons Canada. He can be reached at adrian.miedema@dentons.com. years ago are typically not the injuries of 2015." All of the s t a k e h o l d e r s i n vo l ve d i n creating a national more unifi ed approach that is evidence-based will lead to the safest Adrian Miedema is a partner in the Toronto employment group of Dentons Canada. He can be reached at adrian.miedema@dentons.com. A

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