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April 2009 ON THE MOL & WSIB RADAR
Prevention System Embarks on Bold Restructuring Plan
Last year, the Prevention System did what many businesses are doing. It undertook a critical assessment and restructuring of its programs and services, so that it can better meet the needs of its customers: Ontario workplaces, employers and workers. On February 19, the WSIB Board of Directors approved a business case for the realignment of the Ontario health and safety system, with 12 health and safety associations distilled to four. One of the four new associations will combine OSSA with the Industrial Accident Prevention Association (IAPA) and Farm Safety Association (FSA). Our promise to you, our customers, throughout this transition will be to focus on maintaining, indeed improving, our level of service. Here are the changes and benefits you will start to see beginning next year. Improved customer service Today, Ontario’s 12 health and safety associations each have their own human resources, operations, client services and product development business units. Watch for these changes:
Better support for small and micro business To reach Zero, employers and workers need encouragement, and better products and services—less cost, clearly understandable, accessible, and relevant to their workplace. Improvements you will see:
The Road to Zero This is a bold plan, designed to support a future with Zero workplace fatalities, injuries and illnesses. The Prevention System believes its plan will provide the foundation for Ontario to emerge as a global leader in prevention, regardless of economic conditions—where champions for prevention can be found in every workplace, every school and every household; where workers and employers benefit from being engaged with the Prevention System; and where all are inspired and enabled to eliminate the terrible burden of workplace fatalities, injuries and disease. More updates in the June edition of The Advocate. In the meantime, if you have questions, please contact OSSA President and CEO Elizabeth Mills. Sweeping Changes on the Table for WSIB’s Incentive Program Loopholes that compromise accountability and fairness would be closed WSIB announced in March 2008 that it would conduct a review to improve its experience rating program—the program that rewards employers with rebates, or penalizes them with surcharges, according to their health and safety performance based on their claims costs. Last June, it employed the actuarial consulting company of Morneau Sobeco to conduct the review. The report is in. If the recommendations are approved, they will result in sweeping changes for Ontario employers, in a way that will personally affect CEOs, CFOs and other senior executives. The review addresses several issues that currently undermine the credibility of the WSIB’s incentive programs:
Here is a snapshot of four of Morneau Sobeco’s six short-term recommendations, which could affect you:
As part of their research, Morneau Sobeco met with stakeholders representing employer and labour groups. Stakeholders will have an additional opportunity to comment on the report and recommendations to be led in the coming weeks by the Hon. Steven W. Mahoney, WSIB Chair—see his February 2009 update, and see his response on March 7 to a Toronto Star article. If you have thoughts you want to share, contact WSIB Chair Steve Mahoney. Get Ready: MOL Blitz Targets MSDs in April Sprains and strains accounted for 43% of all Ontario LTI costs in 2007 It’s official. The Ministry of Labour (MOL) has announced that musculoskeletal disorders (MSDs) will be the focus of its zero tolerance inspection blitz for April. That means businesses most at risk can expect surprise visits from MOL inspectors looking for hazards that put your employees at risk for sprains and strains. Here’s what you need to know, what you need to have in place, and where you can find the tools to help. Retail grocery stores in particular need to keep reading. Let’s start with the numbers from MOL, which are staggering:
The MOL’s MSD blitz goals are twofold: to raise your awareness of the importance of addressing MSDs, and to put you in touch with the prevention resources available to you through OSSA. Inspectors will focus on ongoing exposure to:
A heads up for retail grocery stores MOL inspectors intend to target food sales firms in particular, where employees are twice as likely as those in other service sector workplaces to suffer an injury. Other stats of interest from the MOL:
Your review should include these tasks and activities:
Be prepared: steps all service sector firms can take today Employers are required by law to take every reasonable precaution to protect workers from hazards, including those that may result in MSD injuries. The MOL’s MSD provincial guidelines, announced in February 2007, are clear about employers’ obligations. MOL inspectors issue an order or ticket based on what they see or do not see: they are looking for evidence that the employer has assessed the risks and taken reasonable actions to protect employees. The best strategy is preparation:
Please call the OSSA Client Service Line at 1-888-478-6772 for guidance and assistance. And by the way… It’s a new age of transparency in Ontario’s Prevention System. Post this zero tolerance inspection blitz plan on your calendar:
Heads Up: Regulatory Modernization Act Poised to Take Effect No place for unscrupulous operators to hide Those with long memories will recall the Regulatory Modernization Act, 2006, Bill 69, passed by the Ontario Legislature and receiving Royal Assent on May 17, 2007. The Act, which is expected to be implemented in 2009 (probably this spring), will make it possible for inspectors from 13 different regulatory ministries within the Ontario government to make referrals to one another if they see a contravention of another ministry’s legislation while in your workplace. Why is this good for reputable operators? A business that is negligent in one area is probably negligent in others. The Regulatory Modernization Act levels the playing field for reputable operators by making it more difficult for unscrupulous operators to avoid registration and licensing, mistreat their employees, and duck their obligation to run systems that are up to legislative specs—all just to make an extra buck. Here’s how it will work: A typical restaurant must comply with Ministry of Environment regulations in how it vents its cooking exhaust and disposes of old grease; with Public Health regulations in how it handles and prepares its food; and with Ministry of Labour regulations in how it implements its health and safety program—to name just three. If, say, a Public Health inspector visits the restaurant to make sure hand-washing stations are set up properly, and notices while there that a food mixer is not guarded and the floors are slippery, the inspector will refer those findings to the Ministry of Labour, who will send an MOL inspector to the restaurant who can write up a health and safety order. Stay tuned for more information when implementation of the Act is formally announced. EXTENDING YOUR REACH In Tough Times, Keep it SimpleSometimes the best solutions are those within easy grasp One way to survive challenging economic times is to protect what you’ve got. Here are three easy and inexpensive ways to manage and reduce your businesses costs—strategies every business can implement today to reduce risk and protect its bottom line. But first, take this five-question reality test.
A “yes” to even one of these questions could mean you’re at risk. Many large businesses are shrinking as a result of globalization and the economic downturn. A growing number of small and micro enterprises are struggling to survive. Who can afford the direct and indirect costs related to work-related injuries and illnesses? Tuning up and maintaining an effective health and safety program to reduce your injury rates and costs is a prudent and proactive strategy, especially in an economic downturn. Think of it in terms of owning a car. When the future is uncertain, what makes more sense: buying new, or maintaining the vehicle you have? Here are three strategies to keep your valuable, skilled employees on the job doing profitable work in a tough economic environment, where every business is expected to achieve a 7% annual reduction in lost-time injuries, just to maintain the status quo on its annual premiums. Close all training gaps:
Strike “hurry up” from your vocabulary:
Set a goal:
Smart organizations that followed these three pieces of advice have:
If simply “tuning up” your health and safety program isn’t going to do the trick, call OSSA for help. We can offer you a comprehensive health and safety program tailored for your business at tremendous cost savings. Your rebates may provide the capital necessary to develop and implement your safety system. Also, we include follow-up consulting support at no extra charge to help you implement the program: a value that would cost you extra from any other provider. To find out more, call OSSA at 1-888-478-6772.
Steps for Life Scheduled for Sunday, May 3 Walk for victims of workplace tragedy “The first time we participated I was overwhelmed by the sea of yellow T-shirts and by the feeling of community. All these people cared enough about injury prevention and about our tragedies, to come together for an afternoon to support us”. ~ Mom, whose 22-year-old son died from workplace injuries he received from a fall. On Sunday, May 3, 2009, more than ten communities will participate in the 6th Annual Steps for Life event across Canada. Steps for Life raises awareness about the importance of injury prevention and donations go directly to Threads of Life Family Support Programs and services to support families of workplace tragedy. Threads of Life (an Association for Workplace Tragedy Family Support), is a national, charitable, not-for-profit organization dedicated to helping families affected by a workplace fatality, life-altering injury or occupational disease, along their journey of healing. Leading companies and organizations that champion health and safety will once again be walking alongside families. The 5K walk is a fun way for communities, corporations and families to come together to raise awareness about injury prevention and help raise funds for families affected by a workplace tragedy. Please register and join us by walking, entering a team or pledging support to walkers to meet their fundraising goals. Visit Steps for Life for more information or call 1-888-567-9490. Looking for ways to reach your employees? Threads of Life offers a wonderful service to employers that want to inoculate their employees with health and safety in a real and meaningful way. Grieving parents, siblings and other relatives and friends of individuals who have been injured or killed at work, are ready to share their personal story so that they can help prevent a similar tragedy from happening to anyone else. LEARNING FROM OTHERS The Latest Health & Safety Violations for Service Sector Firms Opportunities to learn from others Every month, organizations cause untold suffering for workers, families and the community, and take an entirely preventable hit on their bottom line, as a result of violations of the Occupational Health and Safety Act. So far in 2009, 15 people have died, many more were seriously injured, and countless people were put at risk in Ontario. Do MOL inspectors need a search warrant before they enter your premises? A supervisor with Sky-High Erectors Ltd., Brampton, was fined $1,800 for flinging a three-ring binder through an open window of the inspector’s van, after the inspector had issued a stop work order at a construction site. The point is…no, MOL inspectors do not need a search warrant to enter your premises, observe your operations and search your company records. They have more authority than police officers. They can impose tickets or fines, issue time-sensitive compliance orders, and—if the infraction is significant enough—shut your operation down on the spot. It is an offence to hinder, obstruct, molest or interfere with inspectors in the performance of their duty, under the Act. The best thing you can do in your own interest is fully cooperate. Do staff need specific training on how to operate motorized equipment? London-based TSC Stores GP Inc., Owen Sound, a retailer of farm supplies and hardware, was fined $75,000 for a violation that resulted in the operator of a utility vehicle driving at high speed around a curve, tipping the vehicle and fracturing a leg. The employer had failed to ensure the mobile equipment was operated by a competent person. Martinrea International Inc., Newmarket, a multi-national automotive and industrial parts manufacturer, was fined $250,000 for a violation that resulted in a worker dying while repairing 30-foot outdoor light poles with the use of a scissor lift during a thunderstorm with high winds. The employer had failed to provide training in the safe operation of a scissor lift, and had no written procedures in place for its safe operation. Americana Resort Inc., St. Catharines, the operator of the Americana Conference Resort and Spa in Niagara Falls, was fined $60,000 for a violation that resulted in two workers being critically injured when driving a boom lift work platform to replace a fallen light fixture in the ceiling of the resort’s water park and swimming pool. A wheel broke through a wooden sump pump cover, tipping the lift’s basket, which had been extended to a height of 45 feet. American Resort had not provided training, or informed the workers that the wooden cover was not capable of supporting the weight of the machine. Millard Refrigerated Services-Canada, Brampton, was fined $70,000 for a violation resulting in an injury to a temporary help agency employee, who was driving a “stand up” forklift with inadequate training, and collided with a concrete-filled steel post. The employer had failed to provide training and supervision. The point is…equipment with motors and wheels are instruments of injury and death without proper training. Be clear about the rules: untrained employees and temp agency employees should not be allowed anywhere near motorized equipment. Young workers require extra vigilance. Do young, strong, keen workers need more than the usual protection? Canada Steel Service Centre Inc., London, was fined $92,500 for a violation resulting in the amputation of a young worker’s foot, and other injuries. The worker had been on the job just under three months. The worker was moving two bundles of steel round bars weighing 8,000 lbs. with an overhead crane operated by a hand-held control from the ground when the rigging of the hoisting chains, improperly affixed by the worker, slipped out the rigging, striking the worker below. The employer had not provided formally training or supervision to the worker in crane operation. L.P. Custom Machining Ltd., Hamilton, was fined $100,000 for a violation resulting in severe injuries to a young worker who was unhooking the rigging assembly from the shackles attached to a turbine door being moved with a ceiling-mounted crane. When the rigging system was lifted away from the door, the door tipped over and pinned the young worker to the floor. The employer had failed to ensure that the material being moved or stored was done so in such a way that it would not tip or fall. The point is…yes, few employees need your protection more than young workers. They are often eager to please and prove themselves, oblivious to risks, and convinced they are invincible. They may not know it, but they depend on you to keep them injury-free and save their lives. If equipment doesn’t come with guards, does it still need them? Lakeport Brewing GP Inc., Hamilton, was fined $50,000 for a violation resulting in a line mechanic’s hand being caught and pulled between the roller and conveyor belt, while crouching under the moving conveyor to spray lubricant on the roller. The conveyor had not been guarded to prevent access to the pinch point between the moving roller and conveyor belt. Solis Mexican Foods Inc., Stratford, was fined $60,000 for a violation resulting in a severe injury to a worker’s hand. The worker was attempting to clear by hand the dough accumulating under the tortilla chip sheeter’s rollers, while the machine was still running. The sheeter had not been equipped with a guard to prevent access to its moving parts. Ferrero Canada Limited, Brantford, was fined $65,000 for a violation resulting in severe injuries to a worker’s hand, including the loss of a portion of one finger, when the hand came into contact with a moving auger in a hopper used to bag cocoa. There was no guard covering the opening of the hopper to prevent access to the pinch point in the machine. The point is…equipment may not come with a guard or may not be installed with a guard, but that doesn’t mean it doesn’t need one. Section 7 of regulation 851 in the Act explains clearly that a qualified person—usually an engineer—must conduct a pre-start review to make sure new or modified equipment meets all safety standards. If you have any questions about these violations, call OSSA to consult. |
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5110 Creekbank Road, Suite 500, MISSISSAUGA, ONTARIO, L4W 0A1 Client Services Line: 1.888.478.OSSA |
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