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DESIGNING FOR SAFETY • EFFECTIVE OHS MANAGEMENT<br />
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VOLUME 47, ISSUE 4 JULY/AUGUST 2009<br />
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FROM THE EDITOR<br />
Putting a stop to workplace violence<br />
Our first issue<br />
in 2009 dealt<br />
with a very<br />
serious yet still underexplored<br />
topic in the<br />
<strong>Canadian</strong> occupational<br />
health and safety scene:<br />
workplace violence.<br />
Many provinces<br />
in Canada,<br />
including Alberta,<br />
British Columbia,<br />
Saskatchewan, Manitoba, Nova Scotia and<br />
P.E.I., already have language in their respective<br />
OHS laws pertaining to workplace violence<br />
protection, in varying degrees. Not to<br />
be outshined, Ontario recently introduced<br />
Bill 168 to amend the province’s <strong>Occupational</strong><br />
Health and <strong>Safety</strong> Act to include protection<br />
against violence and harassment in the<br />
workplace. Even the federal government<br />
as recently as last year, added workplace<br />
violence-related provisions to the Canada<br />
<strong>Occupational</strong> Health and <strong>Safety</strong> Regulation.<br />
Despite the regulatory interventions,<br />
workers continue to endure physical, psychological<br />
and/or emotional abuse in the<br />
workplace, not because legal protections are<br />
lacking, but simply due to the very nature<br />
of their job. Despite the legal obligations,<br />
the issue of effective prevention of workplace<br />
violence is something that all parties<br />
involved — government, industry associations,<br />
employers and workers — are still<br />
grappling with.<br />
Perhaps it’s the abstract nature of the<br />
violence hazard — as opposed to its more<br />
tangible counterparts like falls and slips,<br />
LETTERS TO THE EDITOR<br />
machinery or electrical shock — that makes<br />
this violence beast more difficult to tame. You<br />
can tell a construction worker to wear fall<br />
arrest equipment when working on heights,<br />
but you can’t ask an emergency room nurse<br />
not to get near a patient. No one — but the<br />
most reliable psychic, if such exists — can<br />
predict if and when an encounter with a<br />
patient, a customer or co-worker would turn<br />
into an assault.<br />
Perhaps it’s why Ontario and the federal<br />
government took relatively long — certainly<br />
longer than the rest of Canada — to finally<br />
put out a piece of legislation that at the very<br />
least takes a crack at prevention of workplace<br />
violence. I spoke to Ontario Labour Minister<br />
Peter Fonseca earlier this year about the<br />
direction the province was taking in regards<br />
to this issue. At the time, the ministry was<br />
still in the process of evaluating the recommendations<br />
from a multi-sector consultation<br />
paper it issued last fall on measures that need<br />
to be taken to increase protection of workers<br />
against workplace violence. The inquiry<br />
into the Lori Dupont murder case, and its<br />
subsequent recommendations, were a huge<br />
influence on the province’s decision to reevaluate<br />
the <strong>Occupational</strong> Heath and <strong>Safety</strong><br />
Act vis-a-vis workplace violence.<br />
Fonseca, in essence, told me that the last<br />
thing the ministry wants is to simply jump<br />
on the legislation bandwagon just because<br />
everybody else is doing it. He said, “We just<br />
don’t want words on paper. We want this to<br />
be able to — whatever way we move forward<br />
— that it does have impact within the<br />
organization.”<br />
In short, if we take the legislative route,<br />
The results are out and COS readers are happy!<br />
GOT SOMETHING TO SAY? E-mail your letter to the editor at mdeguzman@clbmedia.ca<br />
or mail to: Mari-Len De Guzman, COS Editor CLB Media Inc. 240 Edward St., Aurora, ON L4G 3S9<br />
we need to make sure that it has teeth and<br />
it will make a difference. On the surface, Bill<br />
168 looks promising. It not only defines and<br />
addresses the traditional forms of violence in<br />
the workplace, but also extends its breadth<br />
by embracing the fact that domestic violence<br />
and harassment are equally serious and<br />
equally require preventive measures.<br />
I am not convinced that legislation is<br />
the ultimate key that unlocks the entire<br />
workplace violence prevention mystery. Just<br />
because it’s in place I don’t think assault on<br />
workers will suddenly stop and workplaces<br />
will be 100 per cent safer. But at least it compels<br />
employers to re-evaluate their workplace<br />
protection and violence prevention policies,<br />
if they even had any to start with.<br />
Legislation is not the solution, but it raises<br />
the stakes for employers and forces them to<br />
take a long hard look at this issue that had,<br />
in the past, been brushed under the rug<br />
so many times — until it claimed another<br />
victim.<br />
Mari-Len De Guzman<br />
Editor<br />
mdeguzman@clbmedia.ca<br />
WEBWATCH<br />
Connect with COS on Facebook<br />
and Twitter.<br />
Go to www.cos-mag.com and click on<br />
the Community Section to get a link to the<br />
COS Facebook and Twitter pages.<br />
Digital subscribers:<br />
Join COS Facebook here.<br />
Follow COS on Twitter here.<br />
More than 740 readers from all over the country responded to the COS 2009 Reader Survey conducted last June. COS is the preferred<br />
<strong>Canadian</strong> safety magazine for 87 per cent of our respondents, and a good information source on workplace health and safety<br />
for more than 76 per cent.<br />
More than 60 per cent of our readers rated the quality of our magazine content as either “above average” or “well above average.”<br />
Here are some of what our readers say about COS:<br />
“Excellent. Please keep the good work.”<br />
“Overall, I believe COS <strong>Magazine</strong> is a great source of various information regarding <strong>Safety</strong>....Keep up the excellent work!”<br />
“I feel your magazine offers a wide breadth of topics to satisfy a large portion of the safety community. <strong>Safety</strong> is such a diverse and<br />
dynamic topic - it is hard to satisfy all your readers’ needs in every issue. In the end, we’re all in this field (directly or indirectly)<br />
because we are passionate about safety. Keep the fire burning!”<br />
“I enjoy the well-rounded reporting on OHS subjects; my only complaint is that I don’t have the time necessary to get<br />
more out of the magazine.”<br />
“I’m generally very impressed with your services, and I especially like the option to have a digital edition. I work in an area that<br />
follows federal OSH policies and procedures, and I find that in general, many programs, definition, webinars, etc. come from a distinctly<br />
provincial viewpoint (particularly, Ontario). I understand that the majority of your customers will be provincial, and that<br />
Ontario is a shining light in OSH, but it would be good to more often see suggestions that I can directly apply to my workplace.”<br />
“I like the in-depth reporting on accidents, where you take us from the specific to the bigger picture.”<br />
“I think the magazine is good. (I) do not use the web site as I find a hard copy of the magazine makes me actually take time to read<br />
it. Articles and information are up to date and informative. When updates or changes in H&S are evident, there is usually an article<br />
printed in the COS magazine in a timely manner.”<br />
July/August 2009 3
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Volume 47 Issue 4 JULY/AUGUST 09<br />
Features<br />
16<br />
In too deep<br />
How thorough are your<br />
confined space <strong>risk</strong><br />
<strong>assessments</strong>?<br />
By Michelle Morra<br />
<strong>Canadian</strong> <strong>Occupational</strong> <strong>Safety</strong>’s Editorial Advisory Board.<br />
Dave Rawana<br />
Health and <strong>Safety</strong> Director<br />
Coppley Apparel Group<br />
Pat Fryer<br />
Director<br />
<strong>Occupational</strong> Health & <strong>Safety</strong> Risk/<br />
Management & Quality<br />
Centre for Addiction and<br />
Mental Health<br />
Glenda Palmer<br />
<strong>Safety</strong> Consultant<br />
Pat Evangelisto<br />
Health and <strong>Safety</strong> Consultant<br />
Compliance <strong>Safety</strong> Solutions<br />
Ian Bergeron<br />
Director,<br />
WCB and <strong>Safety</strong><br />
Sayers & Associates<br />
18<br />
Manufacturing<br />
makeover<br />
How to create pain-free<br />
workstations<br />
By Vanessa Chris<br />
19<br />
<strong>Safety</strong> by design<br />
Office ergonomic injuries<br />
are no laughing matter<br />
By The <strong>Canadian</strong> Centre for<br />
<strong>Occupational</strong> Health and <strong>Safety</strong><br />
Dave Gouthro<br />
<strong>Safety</strong> Manager, Atlantic Canada<br />
Lafarge Canada<br />
David Johnston<br />
Director, <strong>Safety</strong> and Health/Canada<br />
Office of Compliance and Ethics<br />
ADM Agri-Industries Company<br />
James Allan<br />
Allan <strong>Safety</strong> Management<br />
Columns<br />
10<br />
12<br />
13<br />
14<br />
TRAINING<br />
Eff ective safety management comes in fours<br />
By Alan D. Quilley<br />
COMPENSATION WATCH<br />
Cost transfer in compensation claims<br />
By David Marchione<br />
THE LEGAL CONNECTION<br />
Rebirth of due diligence?<br />
By Norm Keith<br />
THE HUMAN FACTOR<br />
Depression in the workplace<br />
By Dr. David Rainham<br />
Departments<br />
6<br />
20<br />
21<br />
22<br />
SAFETY FIRST<br />
<strong>Safety</strong> news from around the health and safety industry<br />
TOOLS OF THE TRADE<br />
Th e latest in health and safety products and services<br />
SAFETY LINKS<br />
Connecting you to innovations in health and safety products<br />
WEBWATCH<br />
15<br />
GLOBAL BEAT<br />
Let’s compare apples to apples<br />
By Adam A. Neave<br />
THE HEALTH PAGE<br />
Bite-sized pieces of wit and wisdom from the world of health and wellness<br />
www.cos-mag.com<br />
You’ve got video!<br />
While reading COS, you’ll notice a video camera<br />
icon on some articles. Digital edition subscribers can click<br />
on this image to launch videos related to the stories.<br />
Featured video: COS <strong>Safety</strong> Tip of the Week: A weekly<br />
web series offering some common sense tips to help make your<br />
workplaces and your workers a little safer.<br />
More online<br />
Can’t get enough of COS news and features? Go online to fi nd<br />
full versions of all the stories in this issue, and more.<br />
Here’s a glimpse of what’s online now:<br />
Case study: Car parts builder shares safety success<br />
Arc fl ash in a fl ash<br />
Video Library: <strong>Canadian</strong> invention makes light of heavy lifting<br />
12<br />
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July/August 2009 5<br />
Untitled-2 1 6/23/09 8:48:46 AM
SAFETY NEWS FROM AROUND THE HEALTH & SAFETY INDUSTRY<br />
<strong>Safety</strong>First<br />
AIHA president<br />
says ACGIH<br />
‘alliance’ won’t<br />
lead to full<br />
merger<br />
The American Conference of<br />
Governmental Industrial Hygienists<br />
(ACGIH) and the<br />
American Industrial Hygiene Association<br />
(AIHA) will develop a “closer<br />
alliance” to create a more sustainable<br />
member organization and scientifi coriented<br />
organization.<br />
Although the alliance will allow the<br />
two organizations to cooperate more<br />
closely than before, the AIHA stressed<br />
that the initiative does not mean a<br />
merger or a move toward unifi cation.<br />
“We do not see this as a step to a<br />
full merger or unifi cation,” said AIHA<br />
president Lindsay E. Booher. “In fact,<br />
this strategic alliance provides both<br />
ACGIH and AIHA with appropriate<br />
autonomy while simultaneously giving<br />
us the opportunity to share resources.”<br />
Th e new alliance was announced<br />
at this year’s AIHce, held at the Metro<br />
Toronto Convention Centre from May<br />
30 to June 4.<br />
If approved by both boards and the<br />
ACGIH membership, it is hoped that<br />
the alliance will result in a sustainable<br />
member organization and a scientifi c<br />
oriented organization. AIHA will administer<br />
a single, U.S. IH membership<br />
organization. ACGIH will autonomously<br />
focus on practice standards<br />
and guidelines. Both organizations<br />
will share services that will manage<br />
costs, drive effi ciencies, and avoid duplication<br />
of eff orts, the AIHA said.<br />
“We believe that today, more than<br />
ever, ACGIH and AIHA must do more<br />
to work in a more strategic manner in<br />
order to ensure that our resources are<br />
utilized to the greatest degree possible,”<br />
said Jimmy L. Perkins, ACGIH<br />
chair.<br />
According to an AIHA statement,<br />
the ACGIH and AIHA agreed that<br />
forming a strategic alliance which<br />
builds on the strengths of ACGIH and<br />
AIHA is the key to the groups’ longterm<br />
success.<br />
Th e boards have appointed representatives<br />
to work with the chief staff<br />
offi cers to further plan implementation<br />
of the alliance terms. In the meantime,<br />
various communication vehicles<br />
will be put in place to seek input from<br />
the memberships of both ACGIH and<br />
AIHA, including a specifi c website<br />
devoted to the proposal (www.acgihaihaalliance.org)<br />
and town hall-style<br />
meetings by conference call.<br />
6 <strong>Canadian</strong> <strong>Occupational</strong> <strong>Safety</strong> www.cos-mag.com<br />
Government begins<br />
investigation on elevator<br />
fatality in Toronto<br />
By Mari-Len De Guzman<br />
It could take several months before<br />
the Ministry of Labour can get<br />
answers on what led to the fatal<br />
accident of Andrew Hill, the elevator<br />
technician who fell to his death<br />
on June 24 while trying to repair an elevator<br />
at the TD Bank Tower in Toronto.<br />
This is according to Wayne De L’Orme,<br />
provincial coordinator of the Ontario<br />
Ministry of Labour’s industrial health and<br />
safety program. De L’Orme declined to provide<br />
specifics of the investigation, but told<br />
COS that the length of the investigation<br />
would depend on “how technical the issues<br />
that we’re facing” are going to be.<br />
“We have up to a year before we can lay<br />
charges under the <strong>Occupational</strong> Health and<br />
<strong>Safety</strong> Act. I would say, just from my own<br />
personal experience, probably we’re looking<br />
at between three to six months before the<br />
investigation is finalized,” De L’Orme said.<br />
Hill, a Stouffville, Ont. resident and father<br />
of five daughters, reportedly fell 10 stories<br />
from the top of the elevator he was repairing<br />
shortly after it got stuck between the 42 nd<br />
and 43 rd floors of the TD Bank Tower, trapping<br />
eight people inside.<br />
The Ministry of Labour, was called to the<br />
scene immediately after the accident, and<br />
has since commenced full investigation of<br />
the incident.<br />
Under the <strong>Occupational</strong> Health and<br />
<strong>Safety</strong> Act, an employer is required to report<br />
a fatal accident to the Ministry of Labour<br />
immediately after the incident, said lawyer<br />
Cheryl Edwards, partner at Toronto-based<br />
law firm Heenan Blaikie.<br />
When conducting workplace accident<br />
investigations such as this, the ministry typi-<br />
cally initially gathers physical evidence from<br />
the scene, such as photographs and videos,<br />
and interviews people, possibly witnesses<br />
and representatives from the parties involved,<br />
said Edwards, who leads Heenan Blaikie’s<br />
national OHS and WSIB practice group.<br />
“They are going to be assessing whether<br />
there appears to have been a violation of the<br />
OHSA or the regulations. They are probably<br />
not going to be asking a lot of deep due diligence<br />
questions, but certainly they will, on a<br />
very preliminary basis, ask immediately for,<br />
for example, ‘What are the workplace policies<br />
and procedures that apply to this activity?’”<br />
she explained.<br />
Two main questions typically arise in<br />
workplace fatality investigations: one is on<br />
the employer’s safety policies and procedures,<br />
and the other is on the injured worker’s training<br />
records.<br />
Edwards advises companies involved in<br />
these types of government investigations to<br />
respond to all the orders and requests for<br />
information. Appointing a coordinator or<br />
a single point of contact, through whom<br />
all these requests for information will be<br />
handled, is a good idea, she said.<br />
“Someone needs to be tracking and keeping<br />
records of what is being said and what is<br />
being handed over in order for them to manage<br />
the situation and actually record what it<br />
is that’s being handed over,” Edwards said.<br />
Edwards said companies involved in a<br />
workplace accident should conduct its own<br />
independent incident investigation at the<br />
initial stages following the accident.<br />
“Because government investigators – and<br />
I don’t want to sound too critical – they will<br />
focus on what happened, but they will go a<br />
short distance down the road to ask about<br />
due diligence information,” Edwards said.<br />
By conducting its own investigation, companies<br />
can “dig a little deeper” and ask questions<br />
about its own due diligence procedures.<br />
All the information gathered, if positive,<br />
can then be handed over to the Ministry of<br />
Labour to aid in its investigation.<br />
As to the elevator incident in Toronto,<br />
De L’Orme said it’s going to be a “fairly complex<br />
investigation” as other agencies are also<br />
conducting their own inquiry, including the<br />
Technical Standards and <strong>Safety</strong> Authority.<br />
De L’Orme, who has worked at the<br />
Ministry of Labour since 1991, said this kind<br />
of workplace fatality is “fairly rare.”<br />
The last similar fatality occurred in<br />
London, Ont. in March 2005. Jim Sandford<br />
Jr. was seriously injured and later died<br />
when an elevator platform he had been<br />
working on rammed into the top of an<br />
elevator shaft at free-fall speed.<br />
“I guess it does point out the hazards<br />
associated with the job and the need<br />
for everybody to always be cognizant of<br />
health and safety hazards in the workplace,”<br />
said De L’Orme.<br />
Social networks evolve as disaster communication tools<br />
By Mari-Len De Guzman<br />
U.S. researchers are urging corporate<br />
emergency and safety<br />
managers to start rethinking<br />
the value of popular online social networking<br />
sites as an eff ective communication<br />
tool during a disaster or emergency.<br />
At the 19th World Conference on Disaster<br />
Management held in Toronto on<br />
June 21 to 24, Jeanette Sutton, research<br />
coordinator at the University of Colorado<br />
Natural Hazards Center, said social<br />
media is going to “revolutionize” communication<br />
during a crisis.<br />
“Public offi cials can’t stop it. Th ey<br />
It’s a fairly rare thing, but I guess it does point out<br />
the hazards associated with the job and the need<br />
for everybody to always be cognizant of health<br />
and safety hazards in the workplace.<br />
can’t control it. So the best they can do<br />
is to fi gure out a strategy so that they can<br />
start interacting with it,” Sutton pointed<br />
out.<br />
Facebook, MySpace and Twitter are<br />
among the fastest growing social networking<br />
sites on the Internet today.<br />
Facebook currently has more than 200<br />
million members, according to a March<br />
2009 report from Th e Nielsen Company.<br />
Social networking and blogging sites now<br />
account for almost 10 per cent of people’s<br />
Internet time, the report said.<br />
Sutton and a colleague, Leysia Palen,<br />
a computer scientist at the University of<br />
Colorado, have started studying the use<br />
of online communication networks in<br />
disaster situations since 2007, aft er the<br />
shooting incident at Virginia Polytechnic<br />
Institute. According to their research,<br />
by the time the names of the victims<br />
were released to the public the next<br />
day, the online community on Facebook<br />
had already put a name to each victim.<br />
She said these new kinds of “citizen<br />
communication tools” are changing the<br />
way information are put out to people,<br />
“It’s no longer top-down communication;<br />
it’s communication where the public<br />
has to be a part of the conversation.<br />
It’s happening whether we want it or<br />
not,” Sutton said.
<strong>Safety</strong> campaign shuts off live electrical work<br />
By Larissa Cardey<br />
A<br />
day on the job for electricians can<br />
be <strong>risk</strong>y business, but the <strong>risk</strong> is<br />
even higher if they’re performing<br />
live work on energized electrical equipment.<br />
Th at’s why the Electrical <strong>Safety</strong> Coalition<br />
of Ontario has launched its Just Don’t<br />
Ask campaign with the goal of stopping the<br />
demand for live work, in order to prevent<br />
serious injury or death.<br />
Just Don’t Ask campaign poster<br />
Th is is “a real problem in the industry”<br />
because of both the employer requesting<br />
electricians and electrical workers to<br />
work live and because within the electrical<br />
workers’ culture, many have “grown up<br />
working live,” says Scott McKay, manager<br />
of strategic alliances for the Industrial Accident<br />
Prevention Association, a coalition<br />
partner.<br />
Bob O’Donnell, executive vice-president<br />
of the Greater Toronto Electrical Contractors<br />
Association, says he has learned<br />
from workers about situations where clients<br />
expect them to do live work when it’s<br />
not necessary, just because it’s more convenient<br />
and less costly than shutting the<br />
power off .<br />
“It might be inconvenient for some to<br />
turn the power off , but the inconvenience<br />
of having a shutdown for three or four days<br />
if something went wrong is signifi cantly<br />
greater.”<br />
As well, if something goes wrong while<br />
working live, contractors are responsible<br />
and this could put them out of business,<br />
he says.<br />
Th e campaign’s purpose is to “change<br />
the expectations that contractors will work<br />
live,” he says.<br />
According to statistics provided by the<br />
coalition, 80 per cent of electrical workers<br />
have worked live on sites that they identi-<br />
fi ed as being a high or above average <strong>risk</strong>.<br />
Seventy-six per cent identifi ed that the<br />
circuits they were working on were not<br />
disconnected, and yet, 44 per cent of these<br />
workers felt they could do this work without<br />
injury or serious harm.<br />
Between 1998 and 2007, there were 70<br />
occupational-related electrical deaths in<br />
Ontario alone.<br />
Th e campaign’s launch took place June<br />
12 at the Centre for Health & <strong>Safety</strong> Innovation<br />
in Mississauga, Ont. where<br />
speakers from the fi ve coalition partners<br />
emphasized the importance of “deenergizing<br />
and trying to create a whole<br />
new culture where we don’t ask workers<br />
to work live, and if workers are asked to<br />
work live, they don’t accept that,” McKay<br />
says.<br />
Th e Electrical Contractors Association<br />
of Ontario, Electrical <strong>Safety</strong> Author-<br />
ity, Electrical and Utilities <strong>Safety</strong> Association<br />
and the International Brotherhood of<br />
Electrical Workers Construction Council<br />
of Ontario are also part of the Electrical<br />
<strong>Safety</strong> Coalition.<br />
Th e campaign includes a series of posters<br />
and an authorization form, which lists<br />
precautions employers must take if they<br />
are asking electricians to work live.<br />
It might be inconvenient for some to turn the<br />
power off, but the inconvenience of having a shut<br />
down for three or four days if something went<br />
wrong is significantly greater.<br />
READER PANEL: ONLINE TRAINING<br />
Th ere are “some exceptional circumstances”<br />
in which it’s necessary to do this,<br />
but it can be done safely, McKay says. People<br />
who work on high voltage power and<br />
utility lines have to work live, states the<br />
campaign’s media release.<br />
Th e authorization form’s list includes a<br />
reference to Z462, a new <strong>Canadian</strong> standard,<br />
which gives “very strict requirements”<br />
about how to work live and what<br />
protective equipment must be worn, Mc-<br />
Kay explains.<br />
Th e posters and form are available to<br />
download from the coalition’s website and<br />
the form will also be available through the<br />
partner organizations.<br />
While each organization will be promoting<br />
the campaign, “what we hope would<br />
last is this authorization form,” which is a<br />
standard one that can replace homemade<br />
forms that are out there, O’Donnell says.<br />
It will enable everyone involved to be<br />
properly prepared and might even make<br />
the client think twice about requesting live<br />
work and instead fi nd another way, he explains.<br />
However, the campaign won’t be without<br />
challenges.<br />
McKay acknowledges that it’s “very diffi<br />
cult to change behaviours” on both the<br />
side of employers and on the side of electrical<br />
workers, but this is a starting point<br />
and the “ultimate goal is certainly zero –<br />
that no one gets killed or injured.”<br />
Formed in 2007, O’Donnell says the<br />
coalition was created aft er hearing about<br />
workers’ experiences, the near misses,<br />
situations where no injuries occurred, but<br />
where there was a loss of production, and<br />
because of the statistics showing the number<br />
of work-related electrical fatalities and<br />
accidents.<br />
<strong>Safety</strong> managers get personal<br />
Recent advances in technology, particularly on the Internet,<br />
have enabled many organizations to provide<br />
services to their employees in ways they have never<br />
been able to in the past.<br />
In our latest Reader Panel survey, we talk about the benefi ts<br />
of the online tool for delivering safety training to the employees.<br />
Despite the momentum online training has gained in general<br />
in recent years, many safety practitioners still prefer the<br />
personalized approach over the virtual option.<br />
More than 100 safety practitioners responded to our Reader<br />
Panel survey conducted in the month of June. One-third of our<br />
survey respondents do not provide online training to their employees.<br />
Close to 27 per cent said they have an 80/20 percentage<br />
split in favor of personal training in their organization.<br />
What are your organization’s primary<br />
motivators for offering online safety training, if any?<br />
(Please check all that apply)<br />
Cost savings 53.6%<br />
Improved retention 6.0%<br />
Ease of program delivery (e.g. employee base scattered<br />
across different locations) 75.0%<br />
Time saving 56.0%<br />
Better metrics and reporting 23.8%<br />
Management mandate 16.7%<br />
“Many of our training topics are techniques and are provided<br />
on the fl oor by ‘peer leaders’ — i.e. how to use a<br />
slider sheet, how to apply ceiling lift straps,” said<br />
one respondent.<br />
Another respondent said: “We have just<br />
used the online training about fi ve per cent. We<br />
would like to increase this.”<br />
Close to 10 per cent said 80 per cent of their<br />
trainings are done online and only 3.6 per cent have a 50/50<br />
split between in-person and online training off erings.<br />
Despite the low uptake on online safety training, majority<br />
of our respondents (74 per cent) said the online option’s ease<br />
of program delivery is a primary motivator for choosing to go<br />
with the computer-based model.<br />
Time-saving (57 per cent) and cost saving (54 per cent) are<br />
also among the top reasons for our survey respondents for using<br />
online safety training.<br />
“We have a huge geographic area with some large and many<br />
small sites. Online is more readily available and in this sense<br />
more cost eff ective,” wrote one respondent.<br />
Th e on-demand nature of online training is a big motivator<br />
for another respondent. “It’s diffi cult for staff to get away for<br />
scheduled safety trainings. Online programs can be accessed<br />
according to staff schedules.”<br />
Despite the advantages, the non-personal approach of online<br />
training remains as its weakest attribute, according to 58<br />
per cent of our survey respondents. Th e cost of setting up the<br />
online training system (i.e. purchasing computers and soft ware)<br />
came in second in our respondents’ list of online turn-off s.<br />
“Online training can only provide knowledge and does not<br />
off er practice with the application of the knowledge, practicing<br />
skills or problem solving,” observed one respondent.<br />
Another one wrote: “Some of the best information comes<br />
from interaction of fellow workers in the classroom. On line<br />
will never replace the person-to-person interaction.”<br />
Rating the eff ectiveness of online training in their own work<br />
environment, only 14 per cent said<br />
WEBWATCH<br />
For more of the results of this<br />
Reader Panel survey, go online at<br />
www.cos-mag.com.<br />
Digital subscribers: Click here<br />
to read the full results.<br />
the online tool was “very eff ective”<br />
for them, while majority, 70<br />
per cent, said the virtual tool is<br />
only “somewhat eff ective” in delivering<br />
safety training for their<br />
employees.<br />
July/August 2009 7
SAFETY NEWS FROM AROUND THE HEALTH & SAFETY INDUSTRY<br />
<strong>Safety</strong>First<br />
B.C. truckers<br />
talk business<br />
By Larissa Cardey<br />
The Trucking <strong>Safety</strong> Council of British<br />
Columbia has created a draft<br />
business plan and is inviting its<br />
members to give their input.<br />
“We’ve determined that there needs to<br />
be an organization in British Columbia<br />
that’s dedicated towards addressing truck<br />
safety,” says Rob Weston, executive director<br />
of the council.<br />
In cooperation with WorkSafeBC, the<br />
council was created to be the occupational<br />
health and safety organization that will represent<br />
the province’s trucking industry, he<br />
says.<br />
According to the council, there are 10<br />
to 15 fatalities and more than 1,000 injuries<br />
each year in the trucking industry. Th is<br />
costs about $165 million in WorkSafeBC<br />
and Insurance Corporation of B.C. claims<br />
each year.<br />
“Th e business plan embraces programs<br />
and services and communications that basically<br />
don’t currently exist for the trucking<br />
industry,” says Paul Landry, president and<br />
CEO of the British Columbia Trucking Association,<br />
which sponsored the creation of<br />
the council.<br />
2008 <strong>Safety</strong> Leader<br />
Peter Hollet, <strong>Safety</strong> Manager<br />
Exterran Canada<br />
The COS 2009 <strong>Safety</strong> Leader Award is sponsored by:<br />
8 <strong>Canadian</strong> <strong>Occupational</strong> <strong>Safety</strong> www.cos-mag.com<br />
Th e plan outlines how the council is to<br />
be governed, staff ed, organized and funded<br />
for the next fi ve years.<br />
One of the main components is the Certifi<br />
cate of Recognition program, Weston<br />
says.<br />
Th e council has been approved by<br />
WorkSafeBC to be a certifying partner for<br />
a Certifi cate of Recognition program in the<br />
Do you know someone who should be the...<br />
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Nominations close August 24, 2009<br />
The COS search is on for Canada’s outstanding<br />
safety leader for 2009. If you<br />
know or work with someone who deserves<br />
to hold this title, we need to hear from you.<br />
Our search encompasses all safety professionals<br />
who exemplify leadership and vision<br />
in the world of safety. A panel of judges<br />
will review the entries and the person they<br />
select will be featured in the COS November/December<br />
cover story!<br />
Former <strong>Safety</strong> Leaders include:<br />
2008 Peter Hollett, safety manager for<br />
Exterran Canada<br />
2007 Janet Sellery, health and safety<br />
manager for the Stratford Festival of Canada<br />
2006 Melony Erickson, director of quality,<br />
safety and human resources at Alberta Oil Tool<br />
VOLUME 46, ISSUE 6 • NOVEMBER/DECEMBER 2008<br />
A CLB MEDIA INC. PUBLICATION<br />
www.cos-mag.com<br />
Peter Hollett’s people approach won the<br />
support of Exterran workers — and their vote.<br />
Meet the 2008 COS <strong>Safety</strong> Leader of the Year.<br />
Automation cuts RSI injuries � Health care woes � Workplace stress<br />
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SAFETY<br />
Dream<br />
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The Festival Theatre. Photo by Kerry Hayes.<br />
TRAINING FOR TROUBLE:<br />
It pays to practice your emergency response and disaster recovery plans.<br />
VOLUME 44, ISSUE 6 • NOVEMBER/DECEMBER 2006<br />
A CLB MEDIA INC. PUBLICATION<br />
www.cos-mag.com<br />
Meet Melony Erickson, the winner of COS magazine’s<br />
first <strong>Safety</strong> Manager of the Year Award!<br />
COS_DEC06_Final.indd COS_DEC06_Final.indd 11<br />
11/24/06 10:23:14 AM<br />
safety leader 7x10.indd 1 4/13/09 2:30:18 PM<br />
general trucking and moving and storage<br />
industries.<br />
“Th at program essentially provides incentives<br />
for employers to develop occupational<br />
health and safety plans and to monitor<br />
the performance of those plans over<br />
time,” Landry says.<br />
According to the business plan, these<br />
employers can get up to a 15 per cent rebate<br />
in WorkSafeBC premiums.<br />
Landry says this program will hopefully<br />
be running by the end of this year or early<br />
next year.<br />
Th e other main component is to provide<br />
specialized training and programs, which<br />
are “primarily … intended to raise the culture<br />
of safety within the trucking industry,”<br />
Weston says.<br />
While the trucking industry is “already<br />
pretty safe,” other safety factors, such as lifestyle<br />
issues, need to be considered, he says.<br />
“WorkSafeBC records show that there<br />
are more injuries not related to truck crashes<br />
… than there are to truck crashes themselves.<br />
So we want to look at things like falls<br />
and sprains and ergonomics.”<br />
Another service the council will off er<br />
is free safety consulting, which will give<br />
employers information and advice on how<br />
to improve health and safety in the workplace.<br />
Th ere will also be a truck safety forum<br />
to enable employers and workers to learn<br />
about current safety best practices and a<br />
speakers’ bureau that will allow industry<br />
representatives to share their safety success<br />
stories and lessons learned with other industries,<br />
their peers and the public.<br />
Employees and employers of WorkSafe-<br />
BC’s general trucking and moving and storage<br />
classifi cation units, were encouraged<br />
to give their input on the business plan at<br />
several town hall meetings held throughout<br />
July.<br />
<strong>Occupational</strong> health and safety services<br />
providers were also urged to give their feedback,<br />
Landry says.<br />
Th e business plan can be viewed at www.<br />
safetydriven.ca.<br />
Th e council will submit the fi nal business<br />
plan to WorkSafeBC in the fall for<br />
approval.<br />
Behavioural<br />
safety specialist<br />
discusses ‘new<br />
frontiers’ for<br />
safety at ASSE<br />
show<br />
By Mari-Len De Guzman<br />
SAN ANTONIO – Th e American<br />
Society of <strong>Safety</strong> Engineers kicked of<br />
its annual Professional Development<br />
Conference and Exposition in this<br />
city last June, with <strong>Canadian</strong> OHS<br />
legal expert Norm Keith heading a<br />
session that gave an overview of <strong>Canadian</strong><br />
OHS laws.<br />
About 4,000 health, safety and environmental<br />
professionals attended<br />
the three-day ASSE event, which<br />
featured 225 educational sessions<br />
and 400 tradeshow exhibitors. <strong>Safety</strong><br />
2009 was held from June 28 to July 1.<br />
Keith, a partner at Toronto-based<br />
law fi rm Gowlings, talked in detail<br />
about the concept of internal responsibility<br />
system as the basis for all<br />
health and safety laws in Canada.<br />
“When you look at occupational<br />
health and safety statutes across Canada<br />
you’re going to see duties and<br />
responsibilities assigned to specifi c<br />
stakeholders in the organization,”<br />
Keith told conference attendees.<br />
He discussed the aspect of worker<br />
rights – right to participate, right to<br />
know and right to refuse unsafe work<br />
– embodied in <strong>Canadian</strong> OHS laws.<br />
Keith also talked about the concept<br />
of due diligence defence. “Th e<br />
hard part of this defence is proving<br />
that you have taken all reasonable<br />
steps to prevent (workplace injury).”<br />
Corrie Pitzer, chief executive offi -<br />
cer at Burnaby, B.C.-based SAFEmap<br />
International, in another session<br />
discussed <strong>risk</strong> management and the<br />
“new frontiers for safety.”<br />
Pitzer, a behavioural safety specialist,<br />
said safety messages should<br />
“inspire” people into action by being<br />
simple, concrete, unexpected, credible<br />
and having a storyline.<br />
He also talked about how innovation<br />
is key in health and safety management.<br />
“We tend to solve the wrong<br />
problems with great solutions ... that<br />
is the fallacy of prevention.”<br />
Pitzer cited a recently passed legislation<br />
in British Columbia aimed at<br />
protecting lone, late-night workers<br />
at gas stations, by mandating prepayment<br />
of gas during night times.<br />
Th e legislation came as a result of the<br />
death of a young attendant who was<br />
killed while trying to prevent gas theft<br />
at a gas station where he worked.<br />
Th e problem with that solution is<br />
that while it did address one specifi c<br />
challenge for gasoline attendants,<br />
it might have also opened up these<br />
workers to new <strong>risk</strong>s, including holdup<br />
and robbery, Pitzer explained.
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SAFETY EDUCATION IN THE WORKPLACE BY ALAN D. QUILLEY<br />
TRAINING<br />
Effective safety management<br />
comes in fours<br />
Getting real results from the whats and the hows of an integrated system (Part 1 of 2)<br />
I’ve been involved in health and safety<br />
management for over 30 years now.<br />
I’ve evolved my thinking and continue<br />
to learn about what needs to be managed<br />
and how those critical safety factors need<br />
to be managed.<br />
I’ve developed this view of safety<br />
management from seeing tens of thousands<br />
of worksites and companies. My<br />
model of safety management that I call<br />
the Integrated <strong>Safety</strong> Management System<br />
(ISMS for short…rhymes with prisms)<br />
comes from the observation of those many<br />
places, where people work and play. I<br />
didn’t invent this management system; I<br />
observed it over many years until it finally<br />
made sense to me.<br />
Everything is connected<br />
The most interesting thing that I’ve<br />
observed is that there are four critical factors<br />
that need to be managed and are present<br />
in every workplace and there are four<br />
critical ways in which those factors need<br />
10 <strong>Canadian</strong> <strong>Occupational</strong> <strong>Safety</strong> www.cos-mag.com<br />
COMPENSATION WATCH LEGAL CONNECTION THE HUMAN FACTOR GLOBAL BEAT<br />
to be managed. The success your company<br />
has in safety is linked to the degree<br />
in which you manage those critical Whats<br />
and Hows of the ISMS.<br />
I first described this model in my popular<br />
book The Emperor Has No Hard Hat<br />
– Achieving REAL Workplace <strong>Safety</strong> Results.<br />
These factors and methods are all connected<br />
together and they have a significant<br />
impact on all of the other factors and<br />
methods we use. If we do them all in an<br />
integrated and thoughtful manner we will<br />
get REAL safety results that we’re proud<br />
of. If we do these things poorly we will be<br />
frustrated and extremely unhappy with the<br />
results we get for our efforts.<br />
So as you join me on the journey to<br />
understand how to get real safety results,<br />
remember that all of these things are intradependent<br />
on each other and need to be<br />
managed as a whole. Fractionalizing your<br />
efforts will undermine them and in fact be<br />
the very reason you are reading this article.<br />
Your frustration with your lack of results<br />
Enforcing Human Rights<br />
in Ontario<br />
Mary Cornish, Fay Faraday and Jo-Anne Pickel<br />
A clear explanation on how the new human rights system<br />
works and how it affects your organization<br />
“This is a comprehensive, thoughtful and invaluable guide to the new human<br />
rights system, which should be on the bookshelves of all those, particularly<br />
employers, who could potentially be responding to a human rights complaint.”<br />
Brian W. Burkett, Senior Partner, Heenan Blaikie’s Toronto office<br />
Specializing in labour relations and employment<br />
The Human Rights Code was recently amended to significantly change how<br />
human rights are protected, promoted and enforced in Ontario.<br />
This is a timely, straightforward guide to the changes. Written by<br />
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accommodation and vocational associations.<br />
No other resource explains the new system in such a<br />
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Inside find analysis of the wide-ranging changes from the old to the new<br />
system – including the significantly changed roles of the:<br />
• Human Rights Commission<br />
• Human Rights Tribunal<br />
• Courts<br />
Also find an overview of the new Human Rights Legal Support Centre.<br />
Benefit from practical tools such as:<br />
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COS0409<br />
has driven you to seek out a solution. Well<br />
my friends, you have indeed found it. The<br />
beauty of this system is that it is already<br />
being managed in your company. You just<br />
need to start to align your efforts in an inte-<br />
Figure 1<br />
grated fashion.<br />
By thoughtfully and skillfully starting<br />
to think and act a bit differently, you will<br />
see different possibilities and certainly different<br />
results. As I tell all who will listen, if<br />
you do the things in this system in the ways<br />
prescribed, and you don’t get outstanding<br />
safety performance let us know, we’ll send<br />
out a team of scientists to see how you<br />
managed to mess this up!<br />
The Four Whats<br />
Let’s start with the four critical things that<br />
need to be managed well to get these safety<br />
results I’m promising. Remember that they<br />
are integrated and intra-dependent on each<br />
other. They indeed all have a dramatic<br />
effect on each other so they cannot be managed<br />
in isolation. Even if you wanted to,<br />
you would not be successful. It is because<br />
these factors are intra-dependent that they<br />
are in no particular order of importance. I<br />
haven’t given them priority numbers (Figure<br />
1). I have in fact linked them graphically<br />
because they are all very much connected.<br />
We could start anywhere so let’s start with<br />
company culture.<br />
Company culture<br />
Company culture is simply “the way it<br />
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COS subscription half page ad.indd 1 7/10/09 11:02:09 AM
is around here.” It is how your company<br />
thinks and acts as a group of people. It is<br />
the result of your collective thinking and<br />
actions (in some cases your inactions).<br />
In most companies, their desired state of<br />
culture is reflected in their Mission, Vision,<br />
and Value statements. The culture is created<br />
by your intentions and your actions.<br />
The gap between what we intend for our<br />
companies and what actually happens is<br />
manageable.<br />
There are extremely logical and practical<br />
ways in which to manage the factors that<br />
create our cultures. There are also some<br />
very impractical and frankly highly ineffective<br />
ways in which to do this. You’ve probably<br />
experienced some of those in your history<br />
of managing safety. Always remember<br />
that the culture is there at your company.<br />
The question is: Are you managing it with<br />
purpose and clarity?<br />
The “safety” component of your company<br />
culture is demonstrated by what you<br />
say about how you want safety and then<br />
by what you collectively do about it. The<br />
time and money you spend on safety is a<br />
measurable demonstration of your desire to<br />
actually create safety.<br />
Accountability<br />
Every company has an accountability system.<br />
In fundamental terms this is what is<br />
measured as important and what happens<br />
when I do or don’t do what is important.<br />
The critical question here is: What is held<br />
important to us here at our company and<br />
how am I motivated to do the important<br />
things and dissuaded from doing the things<br />
that aren’t desired by our company?<br />
What gets measured gets done, what<br />
gets rewarded gets results. Holding people<br />
positively accountable to do the things that<br />
create “safe production” makes it much<br />
more likely that you’ll succeed in achieving<br />
world-class safety results. Managing this<br />
factor poorly will just as assuredly result in<br />
frustration and unintended results. Holding<br />
people accountable for the wrong things<br />
can get people injured and killed.<br />
This is the fundamental reason that some<br />
companies fail to get the safety results they<br />
truly want. They have inflicted upon themselves<br />
a safety management system that<br />
doesn’t fit their culture. They have bought<br />
into an audit system that doesn’t measure<br />
how they do business. They artificially do<br />
safety tasks that are in addition to the way<br />
they do their work. Therefore, they are<br />
doomed to failure. Great companies getting<br />
world-class safety results wouldn’t dream<br />
of doing something “for the audit.” It’s silly<br />
and counter-productive. Who wants to be<br />
working against themselves? That’s what<br />
buying into an off-the-shelf safety management<br />
system does.<br />
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Safe environment<br />
This is simple enough; the tools, equipment,<br />
materials and work environment that<br />
we supply and manage have a huge impact<br />
on what happens to us. The more we manage<br />
these things the better our results.<br />
Using the wrong tool or an inappropriate<br />
piece of machinery will predictably result<br />
in an unintended consequence.<br />
The materials we use in our business<br />
have a huge impact on our health and<br />
safety and need to be constantly managed.<br />
The work environment in which we<br />
do our work or provide our services also<br />
impacts our results. Managing this factor<br />
can improve our results in measurable<br />
ways. Look carefully at the hardware your<br />
company uses. If this part of the ISMS<br />
model isn’t right, then fix it!<br />
Safe behaviours<br />
Much of what has been written and “sold”<br />
as behaviour-based safety (BBS) is neither<br />
practical nor logical. I hesitate to use<br />
the term myself, since it’s had such a bad<br />
delivery in a lot of experiences. In ISMS,<br />
safe behaviour is not a program; it’s not a<br />
package of observation cards. It was once<br />
described to me by one very dissatisfied<br />
client of a “famous” BBS provider as the<br />
“intravenous BBS drip.” “In ten years they<br />
will STILL be here inflicting their brand of<br />
manipulating humans on us.”<br />
Managing the safe behaviour component<br />
is as simple as developing an understanding<br />
of how humans act and why they act in<br />
certain ways. We behave, not in a vacuum,<br />
but for some very logical and manageable<br />
ways. The best safe behaviour management<br />
comes from doing this with people<br />
and not to them. Help people understand<br />
why they do what they do and to manage<br />
the factors that will help. As efficient as it<br />
sounds, to do the planning and execution<br />
of safety programs with a small group of<br />
employees without the engagement of ALL<br />
your employees and contractors, just isn’t<br />
effective.<br />
As you can probably see, the four Whats<br />
of ISMS are forever linked. “The way it<br />
is around here” drives our behaviour; the<br />
tools and equipment we decide to use have<br />
a huge impact on the safety outcomes.<br />
What we are held accountable for drives<br />
our behaviours. These four critical factors<br />
are logically linked.<br />
Next issue: the Four Hows we need to<br />
manage the Four Whats.<br />
Alan D. Quilley is the author of The<br />
Emperor Has No Hard Hat – Achieving<br />
REAL <strong>Safety</strong> Results and the president<br />
of <strong>Safety</strong> Results Ltd., a Sherwood Park,<br />
Alberta OH&S consulting company. You<br />
can reach him at aquilley@safetyresults.ca<br />
When disaster strikes:<br />
Is your company ready?<br />
A roundtable on emergency<br />
preparedness<br />
<strong>Canadian</strong> <strong>Occupational</strong> <strong>Safety</strong> magazine, in<br />
partnership with the Industrial Accident Prevention<br />
Association, is putting together experts in<br />
emergency management and disaster preparedness<br />
for an intelligent discussion of issues that confront<br />
<strong>Canadian</strong> organizations when preparing, maintaining<br />
and implementing an effective corporate emergency<br />
management system.<br />
Watch for our September-October 2009<br />
issue for event recap and highlights.<br />
For information about the roundtable speakers contact:<br />
Mari-Len De Guzman at mdeguzman@clbmedia.ca<br />
For sponsorship<br />
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contact:<br />
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July/August 2009 11<br />
Roundtable.indd 1 7/7/09 11:31:30 AM
CLAIMS MANAGEMENT IDEAS BY DAVID MARCHIONE<br />
TRAINING COMPENSATION WATCH<br />
Cost transfer provision provides relief<br />
in workers’ compensation claims<br />
Employers should explore application when third party is involved<br />
In December 2008, I provided some<br />
information on different cost saving<br />
strategies that employers can use in<br />
workers’ compensation claims. One of<br />
those provisions was the ability to transfer<br />
the costs of a claim to a negligent third<br />
party where they were responsible for the<br />
occurrence.<br />
Although workers’ compensation in<br />
Canada is based on a no-fault system for<br />
workers, employers are held financially<br />
responsible for incidents that result in<br />
injuries to workers. The cost transfer provision,<br />
which is available in most provinces,<br />
may result in all of the costs of a workplace<br />
injury, illness or fatality being removed<br />
from an employer, thus having a significant<br />
impact on that employer’s experience<br />
rating and overall workers’ compensation<br />
premiums. The possibility of cost transfer<br />
should be explored wherever a third party<br />
is involved in the incident.<br />
Many of us interact with other workers<br />
throughout the day. Think about the construction<br />
worker on a residential construction<br />
project. They often work in close proximity<br />
to workers from other companies.<br />
Those who travel for work are at <strong>risk</strong> from<br />
being involved in motor vehicle accidents<br />
with both members of the public and drivers<br />
from other companies. Even those of<br />
us who work in controlled environments<br />
often have third party contractors enter<br />
our workplaces to perform different tasks<br />
throughout the day.<br />
In order to be successful in a cost transfer<br />
application, an employer must prove<br />
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on a balance of probabilities that the third<br />
party employer or its workers were negligent<br />
and caused the incident to occur.<br />
Negligence is defined as doing some-<br />
thing a reasonable person would not do<br />
in similar circumstances, or failing to do<br />
something a reasonable person would do in<br />
the circumstances. The availability of this<br />
provision reinforces the need for a thorough<br />
investigation of the incident in order<br />
to determine the root cause and the role of<br />
all parties leading up to the occurrence.<br />
LEGAL CONNECTION THE HUMAN FACTOR GLOBAL BEAT<br />
The applicant in this process must be<br />
able to show that there was a relationship<br />
between the parties, that one party owed a<br />
duty of care to the other, and that an injury<br />
The potential to transfer the costs of a claim is a<br />
strategy that should be considered whenever a<br />
third party is involved in an incident.<br />
occurred due to some breach of that duty<br />
of care. To demonstrate this, employers can<br />
rely on many pieces of information, including<br />
police reports, witness statements,<br />
documented procedures, training records,<br />
weather reports and any other information<br />
that will help make their case. The opposing<br />
party in these matters is generally given<br />
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the opportunity to respond to the case<br />
against them, providing evidence as to why<br />
they should not be held responsible for the<br />
incident.<br />
After reviewing all available information<br />
in these matters, the compensation board<br />
will make a determination as to the degree<br />
of negligence of the third party employer<br />
or their workers. It will then apportion the<br />
degree of negligence based on its findings.<br />
In cases where the third party employer<br />
is found to be entirely at fault, 100 per cent<br />
of the costs may be removed, thus relieving<br />
the employer of the financial responsibility<br />
for the incident.<br />
The potential to transfer the costs of a<br />
claim is a strategy that should be considered<br />
whenever a third party is involved in an<br />
incident. As an employer, be sure to include<br />
as much information as you can about the<br />
incident with your initial incident report,<br />
including the name of the other employer.<br />
Discuss the possibility of cost transfer<br />
with your workers’ compensation claims<br />
representative to determine whether it is<br />
possible and what information might be<br />
helpful in supporting your case. The potential<br />
savings in case of a successful cost transfer<br />
application are too great to overlook.<br />
David Marchione is an OHS consultant<br />
and paralegal with Gowling Lafleur<br />
Henderson LLP in Toronto, specializing in<br />
workers’ compensation matters. You can<br />
contact him at david.marchione@gowlings.com<br />
or through the company’s website,<br />
www.gowlings.com/ohslaw.<br />
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SAFETY AND THE LAW BY: NORM KEITH B.A., L.L.B, CRSP<br />
TRAINING COMPENSATION WATCH LEGAL CONNECTION<br />
TRAINING<br />
Rebirth of due diligence?<br />
Alberta Appeal Court takes a fresh look at the Dofasco decision<br />
A<br />
recent decision of His Honour<br />
Judge Hillier, in R. v. Lonkar Well<br />
Testing Ltd. provides a refreshing<br />
look at the defence of due diligence in occupational<br />
health and safety prosecutions.<br />
Lonkar Well Testing Ltd. (Lonkar),<br />
which was convicted of one count of violating<br />
Alberta’s <strong>Occupational</strong> Health and<br />
<strong>Safety</strong> Act at trial, had the conviction overturned<br />
on appeal on the basis that it had<br />
established the second branch of the due<br />
diligence defence.<br />
Although the prosecution relied on the<br />
decision of the Court of Appeal for Ontario<br />
in Dofasco, the Alberta Appeal Court judge<br />
distinguished the Dofasco decision. By<br />
way of background, I commented on the<br />
Dofasco decision in an earlier article in COS<br />
entitled, The Death of Due Diligence.<br />
The Dofasco case has been used by a<br />
number of prosecutors, both in Ontario<br />
and across the country including Alberta,<br />
to secure a conviction.<br />
The decision in Lonkar now addresses<br />
the context of the Dofasco decision and,<br />
in this writer’s view, properly reinstates<br />
the defence of due diligence as originally<br />
intended by the Supreme Court of Canada<br />
in the Sault Ste. Marie decision of 1978.<br />
The Lonkar case involved a tragic set<br />
of circumstances in a workplace. A young<br />
worker died when he asphyxiated in a<br />
well testing trailer in northwestern Alberta.<br />
The trial court held that the deceased performed<br />
work that he was expressly not told<br />
to do, and warned about the hazards by his<br />
supervisor.<br />
Interestingly, the worker was known to<br />
be a reliable safety conscious worker, and<br />
had never before deviated from his instructions.<br />
The trial court held that the deceased<br />
also told co-employees what they were not<br />
supposed to do.<br />
However, contrary to his training<br />
instructions and his own statements to others<br />
at the job site, the worker undertook the<br />
task of taking apart piping that ultimately<br />
exposed him to a lower oxygen level, which<br />
either caused or contributed to his death.<br />
On appeal, Judge Hillier of the Queen’s<br />
Bench, sitting as an appeal court judge in<br />
Alberta, held:<br />
“I am very mindful that the standard<br />
of review on this aspect of the decision is<br />
overriding and palpable error. I am also<br />
mindful of the policy reasons which underlie<br />
decisions finding employers liable where<br />
employees engage in unwise or foolhardy<br />
acts to accomplish their work.<br />
However, were that approach to extend<br />
to all truly bizarre and unforeseeable acts<br />
by employees, the result would render<br />
employers, insurers of worker safety and<br />
the legal regime would be one of absolute<br />
liability.<br />
Although cases of bizarre and unforeseeable<br />
acts are exceedingly rare, in<br />
my view the unlikely and inexplicable<br />
scenario which resulted in Audit’s tragic<br />
death falls squarely within that category.”<br />
Further, in reviewing the Dofasco case<br />
Justice Hillier said:<br />
“In Dofasco, the accused admitted that it<br />
had not equipped a machine with a guard<br />
as specifically required by regulation.<br />
Logically, an employer who has breached<br />
a specific positive obligation mandated by<br />
regulation must provide a compelling rationale<br />
to support a finding that it, nonetheless,<br />
took all reasonable care to ensure the safety<br />
of workers. In the present case, however, no<br />
breach of a legislatively mandated safety<br />
precaution or industry standard was found.<br />
It fell to the trial judge to determine, in the<br />
absence of any specific regulatory breach<br />
giving rise to the tragedy, whether Lonkar<br />
The decision in Lonkar now addresses the<br />
context of the Dofasco decision and, in this<br />
writer’s view, properly reinstates the defence<br />
of due diligence as originally intended by<br />
the Supreme Court of Canada.<br />
had probably taken such steps as were reasonably<br />
practicable in the circumstances to<br />
ensure Audit’s health and safety.<br />
Excerpts from Norm Keith’s article entitled: Death of due diligence<br />
… Absolute liability<br />
Employers are now reasonably asking, has the law changed, and is the<br />
employer the insurer of worker health and safety? If there is an accident and<br />
a worker is injured, does it mean the employer is at fault under the OHSA?<br />
A thorough review of the origins of the OHSA leads me to a different conclusion.<br />
Ontario and <strong>Canadian</strong> OHS laws are based on the internal responsibility system, not<br />
on “absolute liability” injury tax model, where the mere occurrence of a workplace<br />
accident involving injury to a worker results in liability. The OHSA, with its legal duties<br />
under Part III, requires many stakeholders to share responsibility of worker health and<br />
safety, including workers. Clearly, the Provincial Legislature did not pass the OHSA to<br />
make it an offence per se for an employer to have a worker injured at work.<br />
The court went on to apply its view of the OHSA to the facts of this case. First, the<br />
court said, “Employees do not deliberately injure themselves. The requirements for<br />
guarding of machinery are to protect employees in the workplace from injuries due<br />
to both inadvertent and advertent acts”. In other words, the guarding requirement is<br />
intended to protect workers from intentional and negligent actions of workers.<br />
Secondly, the court said, “…the worker here did not disobey the work instructions<br />
to spite or injure the employer. He did so because the work practice specified did not<br />
readily accomplish its task with light gauges of steel stock such as they were processing<br />
on the day in question …The employees could have pulled the roll of steel off the<br />
mill. That was the specified procedure, but it would have meant delays and curtailed<br />
production…the injury he suffered was a result of his deliberate act, but it was an act<br />
done in furtherance of productivity in the work undertaken for the employer and not<br />
for any other reason.”<br />
The court said that the worker’s disobedience was done to benefit the employer.<br />
The court appears unable to conceive the remote possibility that workers take short<br />
cuts, workers are sometimes lazy, and workers sometimes break rules to benefit<br />
themselves. Arbitral jurisprudence as well as real world experience inform of that<br />
aspect of human/worker nature.<br />
Thirdly, the court held that, “To suggest that the responsibility for the injury, pain<br />
and suffering rests squarely on his shoulders would be unfair because defects in the<br />
process for performing the work in question and the absence of a physical guard<br />
contributed significantly to the accident.” This finding of the court seems to suggest<br />
that the OHSA has established a bindery system<br />
WEBWATCH<br />
Read the full article on Death of<br />
Due Diligence online at<br />
www.cos-mag.com<br />
Digital subscribers: Launch<br />
the article here<br />
of liability, i.e. either the employer is guilty or<br />
the worker is guilty. That, of course, is inconsistent<br />
to a review of the stakeholder duties in<br />
Part III of the OHSA and the internal responsibility<br />
system.<br />
THE HUMAN FACTOR GLOBAL BEAT<br />
The decision in Lonkar is clearly based<br />
on the specific facts and circumstances of<br />
that case. However, in upholding the standard<br />
of due diligence set by the Supreme<br />
Court of Canada in Sault Ste. Marie, Justice<br />
Hillier said:<br />
“However, in assessing on a balance<br />
of probabilities whether Lonkar took all<br />
reasonably practicable steps in this case<br />
to ensure the safety of Audit, one must<br />
approach the problem on the basis of the<br />
facts which existed prior to the occurrence.<br />
I have found that if one places oneself in<br />
the shoes of a reasonable person prior to the<br />
occurrence, there was no more than a very<br />
speculative basis for the safety precautions<br />
identified in the trial judge’s decision. In<br />
my view, the trial judge erred in concluding<br />
that Lonkar did not take reasonable care in<br />
the circumstances of this case.”<br />
Finally, due diligence defence is based<br />
on an effective OHS management system,<br />
as demonstrated by the excellent safety<br />
program of Lonkar. An effective OHS management<br />
system has, at minimum, an OHS<br />
policy, effective <strong>risk</strong> assessment, written<br />
safe work procedures, effective training of<br />
supervisory and worker staff, communication<br />
of the worker’s right to refuse to do<br />
unsafe work, periodic safety reminders by<br />
supervisors or professional safety staff, and<br />
a regular review or audit of the OHS performance<br />
of a company.<br />
These elements, together with an effective<br />
commitment to OHS excellence by<br />
senior management, will usually result in<br />
a company and senior management being<br />
able to rely upon the second branch of the<br />
due diligence defence.<br />
The Lonkar decision, and its interpretation<br />
of the Dofasco decision, do not contradict<br />
each other, but are reasonable application<br />
of the Supreme Court of Canada’s<br />
decision in Sault Ste. Marie.<br />
An ongoing emphasis and priority on<br />
occupational health and safety training and<br />
auditing is critical for ensuring an effective<br />
OHS management system and a successful<br />
defence based on the second branch of the<br />
due diligence defence.<br />
Although Judge Hillier’s decision in<br />
Lonkar is not necessarily a ‘rebirth’ of due<br />
diligence, it is a refreshing review and<br />
application of the defence as set out by the<br />
Supreme Court in Sault Ste. Marie.<br />
Further, its review and application of the<br />
Court of Appeal for Ontario’s decision in<br />
Dofasco identifies the limits of the decision<br />
in that case. In short, due diligence is alive<br />
and well as a defence to OHS charges across<br />
Canada.<br />
Norm Keith leads the national OHS<br />
practice at Gowling Lafleur Henderson<br />
LLP. You can reach him at (866) 862-5787<br />
ext.85699 or by email at Norm.Keith@<br />
gowlings.com<br />
July/August 2009 13
A FOCUS ON ERGONOMICS, HEALTH & WELLNESS BY DR. DAVID RAINHAM<br />
TRAINING TRAININGG COMPENSATION WATCH<br />
“Believe me, every man has his secret sorrows which the<br />
world knows not — and often times we call a man cold,<br />
when he is only sad.” —Henry Wadsworth Longfellow<br />
Not sleeping well? Having trouble concentrating?<br />
The future looks grim? Don’t have fun any<br />
more? Like many people in your workplace you<br />
might be stressed, but these symptoms are signs of something<br />
more serious: Depression, a condition that is unpleasant,<br />
often disabling and even fatal if left untreated. It<br />
badly hurts everyone: the sufferers, their families and their<br />
employers.<br />
14 <strong>Canadian</strong> <strong>Occupational</strong> <strong>Safety</strong> www.cos-mag.com<br />
LEGAL CONNECTION<br />
Depression in the workplace<br />
We’re not talking about a passing mood or a personal<br />
weakness. This is a major, but treatable illness that can<br />
strike anyone from the loading dock to the boardroom,<br />
and outstanding performers with no apparent worries are<br />
not immune.<br />
Depression is more than normal sadness after a loss, it’s<br />
a physical condition in which low levels of chemicals, such<br />
as serotonin and norepinephrine, interfere with the function<br />
of the ‘mood centre’ of the brain. Severe depression is<br />
like a grey fog blanketing one’s life, sapping energy, taking<br />
away joy, and making it very difficult to function normally<br />
for any length of time. You can’t just ‘pull yourself together’<br />
or ‘snap out of it’.<br />
Depression is common, affecting 17 per cent of people<br />
at least once. It’s sneaky too, as only 50 per cent of it is<br />
detected, even less is treated, and it often recurs. It’s twice as<br />
common in women and peaks at age 25 to 34 years old.<br />
Symptoms<br />
A well-known sign of depression is sadness and crying.<br />
But often, sufferers don’t seem particularly sad. Common<br />
symptoms, which for proper diagnosis must be present for<br />
more than two weeks, include:<br />
• Fatigue • Loss of interest or pleasure in ordinary<br />
activities • Difficulty concentrating, remembering, making<br />
decisions • Hopelessness • Insomnia, anxiety and irritability<br />
• Feeling guilty, worthless, helpless • Weight or<br />
appetite changes • Low sex drive • Thoughts of death and<br />
suicide • Chronic aches and pains, especially back pain<br />
Effects and costs<br />
Employers ought to be thinking and talking about depression.<br />
Left untreated, the costs are three times as high as the<br />
treatment costs: absenteeism, reduced job performance and<br />
lost earnings due to suicide.<br />
Depression threatens the very skills needed in today’s<br />
rapidly changing workplace, where most jobs don’t need<br />
brawn but knowledge, concentration, the ability to learn,<br />
work with other people and cope with frequent change.<br />
Depression, more than most illnesses, severely impairs<br />
these kinds of skills.<br />
One large company found that short-term disability<br />
costs from depression (average of 40 days) are almost as<br />
high as heart disease and low back pain (average of 37 days<br />
each) and far more than high blood pressure.<br />
Employees with depression were among the most likely<br />
to go back on disability, and over a three-year period, pharmacy<br />
inpatient and outpatient costs for depression were<br />
highest by far, three times more than for hypertension.<br />
Recognizing the signs<br />
The causes of depression vary and are often combined.<br />
There may be a family history of depression or just chronic<br />
dissatisfaction and pessimism. Deeply buried, painful emotions<br />
such as anger, fear, guilt, and childhood abuse or<br />
neglect may set the stage.<br />
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Can poor working conditions directly cause depressive<br />
illness? It’s uncertain, but excessive pressure, lack of control<br />
and feedback, major changes and the threat of layoffs can<br />
combine with other stresses, such as financial, marital and<br />
children’s problems, to make depression more likely.<br />
People are at <strong>risk</strong> if work is boring and repetitive, if skills<br />
are unused, if they have an incompetent or bullying boss<br />
and they are subjected to ‘office politics’.<br />
It’s more common among the poor, and those with<br />
chronic illness. Women suffer depression more than men,<br />
possibly because of hormones and brain chemistry, burning<br />
out from a constant ‘caregiver’ role in life, or holding<br />
anger inside.<br />
Once diagnosed, 80 per cent of depression responds<br />
well to treatment, but the big hurdle is getting it diagnosed,<br />
because of the sneaky ways depression can show itself. If<br />
you have an employee who is increasingly: underperforming,<br />
‘not themselves’ or taking more time off work, then<br />
someone in management should take the time to ask<br />
some general questions about how things are going for<br />
them. They will not likely come right out and say they’re<br />
depressed, but they may have enough symptoms for you to<br />
suggest a doctor’s appointment.<br />
The big danger in depression is suicide. It’s vital that<br />
your employees know to get urgent, expert help if they<br />
are experiencing feelings of isolation, loss of hope for the<br />
future, or intense, recurrent suicidal thoughts. Remember,<br />
depression is not a sign of weakness or insanity — in fact,<br />
taking the steps needed to recover may well give us an<br />
opportunity to grow stronger and eventually have a happier,<br />
more fulfilling life.<br />
What can employers do?<br />
In times of intense competition, no business or institution<br />
will be successful if it ignores the physical and mental<br />
health of its employees. Key actions that employers can<br />
take are:<br />
1. Promote and maintain awareness of depression as<br />
a common, destructive but treatable illness.<br />
2. Attempt to provide meaningful work, feedback, praise<br />
and rewards, and eliminate bullying or unfair management<br />
styles.<br />
3. Put physical and mental wellness high on the list of priorities,<br />
with regular <strong>assessments</strong> of worker’s stress levels<br />
and sources of stress, and provision of the means for them<br />
to take action to stay in balance with them.<br />
4. Have a good EAP in place so that depression can be<br />
diagnosed sooner, and more effectively treated without<br />
unnecessary delay.<br />
Dr. David Rainham is the founder of Optimum Health<br />
Centre in Waterloo, ON, specializing in stress, weight/nutrition<br />
and pain management. You can contact Dr. Rainham<br />
by calling 519-897-3670 or you can visit the company web<br />
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Hellberg_COS_April09_v2.indd 1 3/13/09 1:08:58 PM
INTERNATIONAL PERSPECTIVE ON OH&S BY ADAM A. NEAVE, BASC (OHS), CRSP, CHSC<br />
TRAINING TRAININGG COMPENSATION WATCH LEGAL CONNECTION THE HUMAN FACTOR<br />
Let’s compare apples to apples<br />
How much does Canada’s fatality rate really weigh on an international scale?<br />
Editor’s note: Adam Neave recently<br />
joined our roster of esteemed columnists<br />
at COS and will be providing<br />
commentary on the international OHS<br />
scene. As always, your comments and<br />
suggestions are welcome.<br />
If I received a loonie for every time I<br />
heard or read that Canada has one of<br />
the worst occupational fatality rates in<br />
the world, I may be well on my way to early<br />
retirement.<br />
But is it really that bad compared to those<br />
of other countries? It certainly looks that<br />
way according to 2005 statistics provided<br />
by the International Labour Organization<br />
(ILO), shown in Table 1.<br />
It doesn’t take a statistician to quickly<br />
point out the differences in the way these<br />
Country<br />
countries identify work-related deaths and<br />
report them to the ILO. The sources of ILO<br />
data vary a great deal between countries.<br />
For example, the following footnote accom-<br />
Country Year<br />
Reported Fatality Rate<br />
(per 100,000 workers)<br />
Reported<br />
Fatalities<br />
panies the Australian ILO dataset: “excl.<br />
Victoria and Australian Capital Territory”.<br />
The U.S. and the U.K. have similar footnotes<br />
attached to their ILO fatality rates.<br />
Canada is the only country in this group<br />
that doesn’t have a single footnote in relation<br />
to its ILO-reported fatality rate.<br />
Perhaps we should hear it straight<br />
from the horse’s mouth. When data is<br />
gathered directly from the Association<br />
of Workers’ Compensation Boards of<br />
Canada (AWCBC), <strong>Occupational</strong> <strong>Safety</strong><br />
and Health Administration (OSHA), Safe<br />
Work Australia (SWA), and the Health and<br />
<strong>Safety</strong> Executive (HSE) Table 2 shows how<br />
it will look.<br />
Certainly the ILO data wasn’t painting<br />
the full picture for Australia and the U.K.<br />
The SWA report, Work-related Traumatic<br />
Injury Fatalities, Australia 2004-05, published<br />
in 2008 states, “To date, the exact<br />
number of people who die as a result of<br />
work-related activities in Australia has not<br />
been accurately established.” This is due to<br />
the need to cross reference three separate<br />
datasets in order to estimate the number of<br />
occupational fatalities.<br />
But it still looks like Canada has one of<br />
the worst fatality rates. What gives? Further<br />
investigation of these rates reveals several<br />
major differences in the methods used to<br />
calculate them. One of the major disparities<br />
in the way these rates are determined is<br />
the inclusion/exclusion of deaths resulting<br />
from occupational diseases.<br />
Canada is one of the few industrialized<br />
Source of ILO Data<br />
Canada 6.8 Insurance Records<br />
United States 4.0 Census<br />
Australia 2.0 Insurance Records<br />
United Kingdom 0.6 Inspectorate Records<br />
Table 1: Fatality rates as reported by the ILO database LOBORSTA<br />
nations to include deaths resulting from<br />
occupational diseases in its total number<br />
of reported fatalities. Of the 1,097 fatalities<br />
in Canada in 2005, 557 (51 per cent)<br />
Reported Fatality Rate<br />
(per 100,000 workers)<br />
Data<br />
Source<br />
Canada 2005 1097 6.8 AWCBC<br />
United States 2005 5734 4.0 OSHA<br />
Australia 2004/05 405 3.5 SWA<br />
United Kingdom 2004/05 618 2.8 HSE<br />
Table 2: Fatality rates as reported by the respective data sources<br />
were attributable to occupational diseases.<br />
Asbestos-related diseases alone accounted<br />
for 340 (31 per cent) of the total fatalities.<br />
The U.S. and the U.K do not include<br />
deaths resulting from occupational diseases<br />
in their total number of fatalities.<br />
According to HSE estimates, approximately<br />
4,000 deaths per year in the U.K. are asbes-<br />
Country Year<br />
Reported<br />
Fatalities<br />
Reported Fatality Rate<br />
(per 100,000 workers)<br />
Data Source<br />
United States 2005 5734 4.0 OSHA<br />
Australia 2004/05 405 3.5 SWA<br />
Canada 2005 540 3.0 AWCBC<br />
United Kingdom 2004/05 618 2.8 HSE<br />
Table 3: Fatality rates (excluding occupational disease fatalities in Canada)<br />
tos-related. That’s a far cry from the 618<br />
reported fatalities used to calculate their<br />
fatality rate.<br />
If Canada were to exclude deaths from<br />
occupational diseases in the calculation of<br />
its fatality rate, Table 3 shows how the data<br />
would actually look.<br />
Now that seems a bit better, doesn’t it?<br />
Other discrepancies worth noting in<br />
the way that countries calculate their fatality<br />
rates are the class of workers covered<br />
(insured, employed, self-employed) and<br />
the inclusion/exclusion of deaths resulting<br />
from motor vehicle accidents. Canada’s<br />
fatality rate, for instance, does not include<br />
the deaths of non-insured agricultural<br />
workers.<br />
Readers interested in learning more<br />
about the problems with comparing<br />
fatality rates internationally should refer<br />
to, 5 Deaths a Day: Workplace Fatalities<br />
in Canada, 1993-2005 by the Centre<br />
for the Study of Living Standards; and<br />
Fatal <strong>Occupational</strong> Injuries – How does<br />
Australia compare Internationally? by the<br />
National <strong>Occupational</strong> Health and <strong>Safety</strong><br />
Commission. Both are available free of<br />
charge via the Internet.<br />
Don’t get me wrong. I’m not pleased<br />
about how many occupational fatalities<br />
occur every year in our country. There<br />
are still far too many workers dying from<br />
work-related deaths in Canada and the<br />
increasing trend in the number of fatalities<br />
over the past decade — even though<br />
GLOBAL BEAT<br />
asbestos-related deaths are the primary<br />
cause for it — is disturbing. We can do<br />
more as a nation to help prevent occupational<br />
fatalities.<br />
But the point here is that comparing<br />
fatality rates internationally is like comparing<br />
apples to oranges in almost all cases.<br />
<strong>Canadian</strong>s should be proud of the way<br />
that our workers’ compensation systems are<br />
able to collect and record data. We should<br />
also be satisfied by our national commitment<br />
to reporting our records accurately at<br />
international levels.<br />
Asbestos-related deaths could begin<br />
their decline sometime in the next five to<br />
ten years, which will help bring Canada’s<br />
fatality rate more in line with those of other<br />
countries. Until then, anytime someone<br />
tells you that Canada has one of the worst<br />
fatality rates on the planet, tell them to<br />
compare apples to apples.<br />
Adam A. Neave is the OHS Instructor for<br />
the OHS Diploma Program at The College of<br />
the North Atlantic in Doha, Qatar. He can be<br />
reached at adam.neave@cna-qatar.edu.qa<br />
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July/August 2009 15<br />
Untitled-1 1 7/7/09 11:22:41 AM
CONFINED SPACE<br />
deep<br />
How thorough are your<br />
confined space <strong>risk</strong> <strong>assessments</strong>?<br />
By Michelle Morra<br />
In<br />
When confined space rescue trainer John<br />
Kenyon met with representatives from the<br />
communities of Yukon after a workplace<br />
fatality had occurred, each representative<br />
brought his or her gas detection equipment.<br />
Taking a look at each one, Kenyon<br />
noted that many of these life-saving devices were quality instruments<br />
made by reputable manufacturers.<br />
“But none of them worked,” he says. Some of those municipal<br />
safety reps had monitors that were still in their original box and<br />
had never been used. Others used theirs daily without realizing the<br />
sensors had expired up to two years prior.<br />
“There’s a myth out there that says, ‘I have a gas monitor,<br />
therefore I’m all right,” says Tim Morrison, <strong>risk</strong> management and<br />
confined space expert and president of <strong>Safety</strong>Scope Inc. He says<br />
companies often invest in these life-saving instruments without<br />
understanding that they have a shelf life, and that the electronics<br />
inside tend to drift and routinely need to be recalibrated.<br />
Testing what’s in the air is not the only safety consideration<br />
for a confined space. Ventilation is essential. A thermometer and<br />
hydrometer can alert workers to extreme heat, humidity or cold.<br />
Depending on the confined space and its hazards, workers might<br />
need to wear personal protective equipment (PPE) such as head,<br />
hearing, foot or respiratory protection – bearing in mind that the<br />
bulkier the PPE, the more awkward for the worker to enter or exit<br />
a confined space. Rescue equipment, such as a harness and lifeline,<br />
are other essentials.<br />
Gases are not the only hazard in a confined space. Workers<br />
may be at <strong>risk</strong> of entanglement, slipping or tripping, poor visibility,<br />
extreme temperatures, exposure to explosive gases, exposure<br />
to biological hazards, drowning in liquid, suffocating in a solid<br />
matter (such as grain in a silo), being struck by a falling object, or<br />
being bitten by a snake or a poisonous insect. They<br />
might also be exposed to gases that their instru-<br />
mentation is not designed to detect. More than<br />
one-third of confined space fatalities, Morrison<br />
says, occur after a gas detector said the space was<br />
safe to enter.<br />
Each confined space is unique. Only by identifying<br />
and understanding every potential hazard,<br />
from every conceivable source, can workers know<br />
what safety gear and protective equipment to use,<br />
how to use it, and how to safely perform a rescue.<br />
With more attention to this critical stage, workers<br />
in confined spaces – and their would-be rescuers<br />
– are more likely to survive.<br />
Leave nothing to chance<br />
In 2003, a barge moored in New Westminster, B.C.<br />
was undergoing maintenance. When a supervisor<br />
16 <strong>Canadian</strong> <strong>Occupational</strong> <strong>Safety</strong> www.cos-mag.com<br />
too<br />
working inside a compartment in the hull failed to show how<br />
up for coffee, two workers went to check on him and never ver<br />
returned. Two others followed and never returned, though ugh<br />
one took a moment to phone 911 before losing consciousousness – and dying – inside the compartment. Four of fthe the<br />
workers died from oxygen deprivation. The other employee oyee<br />
and a rescuing firefighter were injured, but survived.<br />
“It’s a phenomenon in confined spaces that not just one dies,” says<br />
Kenyon. “A confined space has this magnetism to draw more victims<br />
into it… and with every incident, we injure first responders.”<br />
In British Columbia, he says, of the 460 fire departments only 38<br />
or so are career departments. The rest are comprised of volunteer firefighters<br />
in small towns who just barely receive enough training to drive<br />
fire trucks and put out fires, let alone respond to unknown hazards in<br />
industrial confined spaces. The City of Toronto, too, has a shortage of<br />
confined space rescuers.<br />
“Toronto fire services has 3,200 firefighters,” Morrison says.<br />
“Seventy-two of them are trained in confined space rescue, and even<br />
those who are trained often can’t get to you fast enough.”<br />
Companies should not rely on calling 911 in a confined space<br />
emergency. Not only do responders endanger their own lives when<br />
not trained or equipped for the hazards, they cannot always arrive in<br />
time to save a worker.<br />
Every company where people are likely to work in a tank, boiler pit,<br />
sewer, silo, pipeline, or other confined space not meant for continuous<br />
occupancy needs its own rescue plan. Since retiring from fire services<br />
last year, Kenyon has kept busy with his company, Dynamic Rescue,<br />
which provides confined space rescue services and trains workers and<br />
first responders in confined space entry and rescue.<br />
Facilities personnel at Vancouver Coastal Health have long<br />
been aware of confined space hazards and safety procedures. But<br />
when they hired Kenyon and his team, they identified all spaces<br />
considered “confined” and potentially<br />
hazardous and underwent extensive<br />
New CSA standard training and rescue drills.<br />
When COS caught up with the hos-<br />
The <strong>Canadian</strong> Standards<br />
pital’s assistant chief engineer Martin<br />
Association is introducing<br />
Gotel, his team had just inspected six<br />
CSAZ1006, Management of Work manholes, a task that set the “game<br />
in Confined Spaces, the first pan- plan” in motion. Workers wore har-<br />
<strong>Canadian</strong> standard that addresses nesses and other PPE, set up a tripod<br />
design and engineering control and winch and ventilated the area.<br />
measures, identification of con- When all was clear, they entered the<br />
space but stayed in constant comfined<br />
spaces and subsequent hazmunication<br />
with the permanent hall<br />
ard identification, assessment and<br />
watch rescue person.<br />
control to enable safe entry. The “We always have a person stand-<br />
document is due for publication in ing there,” says Gotel, “not just some-<br />
the winter of 2009/2010.<br />
one available by radio. There’s always<br />
someone, and that person is con-<br />
Photos courtesy of John Kenyon at Dynamic Rescue Systems
tinually monitoring the environment with the<br />
gas monitor.”<br />
After procuring the necessary equipment and<br />
learning the drill, facilities staff adapted well.<br />
“Doing it on a regular basis becomes very,<br />
very normal,” says Gotel. “In most cases, to prepare<br />
yourself for a confined space entry, to do<br />
your assessment, to have your rescue team and<br />
everything in place, doesn’t take a lot of time.”<br />
He has heard the horror stories and knows<br />
that ignoring protocol, even just once, can kill.<br />
“When you think of it, I could nip into this<br />
manhole, the guy could have a sniffer on the<br />
outside, and I’ll just shoot into there to check<br />
something. Okay, but what if I have a heart attack<br />
in there? What does it take to do it right?”<br />
Who can assess the <strong>risk</strong>?<br />
A confined space related injury or death often<br />
results from an unusual set of events, or a hazard<br />
that doesn’t show up on a hazard assessment.<br />
Industry needs better <strong>assessments</strong>.<br />
People have died in confined spaces deemed<br />
perfectly safe in a hazard assessment done in a<br />
hurry, by someone unqualified, or that used a<br />
generic checklist not tailored to the workplace.<br />
Kenyon once visited a chemical plant where<br />
welders worked in a stainless steel tank that an<br />
engineer eng had deemed “low hazard.”<br />
“Meanwhile they were using argon, which<br />
is an inert gas that displaces oxygen. There<br />
have been cases of welders dying of argon<br />
exposure,” he says.<br />
Confined spaces can harbour a number of<br />
chemicals c that the average gas detector will not<br />
detect. d “Particularly any type of vault that’s in<br />
the th ground with pipes or cables running miles<br />
in every direction,” says Kenyon. “These vaults<br />
end en up being catch-alls for substances people<br />
might m not even be considering. Naturally occurring<br />
rin methane gas sometimes seeps into the vaults<br />
that tha way.”<br />
But not everyone would know that. Who,<br />
besides bes Kenyon, Morrison or a chemist, is quali-<br />
fied to thoroughly assess the hazards in a confined<br />
fin space? <strong>Safety</strong> laws tend to say a “qualified,<br />
competent com person” is someone who has adequate<br />
training and experience in the recognition, evaluation<br />
and control of confined space hazards.<br />
Kenyon recommends that this person conduct<br />
the assessment in conjunction with an employee<br />
who is intimately familiar with the worksite<br />
and tasks. And for that worker to be qualified,<br />
Morrison further suggests that mentoring be part<br />
of his or her training.<br />
“A hazard assessment requires both theoretical<br />
knowledge and on-the-job experience,” he says.<br />
“There has to be some formal experience, as well<br />
as mentoring. Just because you’ve taken a course<br />
doesn’t mean you can make those grey area calls.<br />
Courses don’t provide someone looking over your<br />
shoulder to make sure you’ve done it correctly.”<br />
At Vancouver Coastal Health, the workers<br />
who learned from the experts have gained their<br />
own expertise, at least in terms of being qualified<br />
to work safely in a confined space and, if necessary,<br />
able and ready to respond in an emergency.<br />
“When I go in there to do this work, the last<br />
thing I have to worry about is being trapped<br />
somewhere and no one getting me out,” says<br />
Gotel. “I’ve got full support. I know if anything<br />
happens to me I’ve got a team of people who can<br />
get me out of there.”<br />
Michelle Morra is an award-winning journalist<br />
and former editor of COS. You can reach her at<br />
writemorr@yahoo.ca.<br />
What it takes for a safe rescue<br />
A confined space <strong>risk</strong> assessment by a competent, qualified person will help<br />
determine which equipment is necessary to ensure the safety of workers and<br />
rescuers. The following list of suggested equipment, provided by John Kenyon of<br />
Dynamic Rescue Systems, Inc., will outfit four rescuers and provide rope systems<br />
appropriate for all confined spaces.<br />
4 Sets of Personal Protective Equipment (PPE):<br />
Nomex or flame resistant coveralls<br />
NFPA Rescue Harness - 1 Carabineer, 10’ personal Prussik, 24’ red 1” webbing<br />
Gloves (rescue)<br />
Helmet Rescue NFPA<br />
Eye protection<br />
Intrinsically safe lighting (flashlights) – headlamps<br />
Personal Kit Bag<br />
Rescue System:<br />
Software<br />
3 300’ lengths of ½” static kern mantle rope – in rope bags<br />
3 Rope bags, Black c/w side pocket, blue, red all with windows<br />
4 30’ lengths 1” tubular webbing (4000 lb) Green<br />
8 24’ lengths 1” tubular webbing (4000 lb) Red<br />
4 12’ lengths 1” tubular webbing (4000 lb) Blue<br />
4 12’ Omni Slings<br />
4 Utility Belts<br />
2 30’ lengths 8mm accessory cordage, Red<br />
4 10’ lengths 8mm accessory cordage (Prussik) Yellow<br />
6 6’ lengths 8mm accessory cordage (Prussik) Green<br />
6 5’ lengths 8mm accessory cordage (Prussik) Blue<br />
Hardware:<br />
12 Large Carabineers. NFPA, 9,000 lbs locking<br />
2 Extra Large Carabineers. NFPA, 12,000 lbs locking<br />
1 Rock Exotica Swivel<br />
1 Tri Link<br />
4 Single Sheave Rescue Sheaves NFPA Prussik Minding Pulleys (3” PMP)<br />
2 Double Sheave Rescue Pulleys NFPA (3” PMP)<br />
1 NFPA Brake bar rack c/w Hyperbar<br />
1 Petzl ID Descender<br />
1 Tripod 14’ min (Surety, Skedco, DBI)<br />
Respiratory Protection:<br />
1 Supplied air respirator systems (NFPA) (Air Systems Pak 4)<br />
4 Escape- pak (Entry team and backup) (prefer the Draeger Colt) Ea 1800.00<br />
4 200’ Airlines breathing air quality<br />
4 Plastic bins for airhose and com-lines<br />
Victim Packaging<br />
1 Spineboard (PVC)<br />
1 Sked stretcher<br />
1 Spider harness for victim packaging<br />
1 Wrap-Evac Harness for Confined Space Rescue<br />
Communications Equipment:<br />
1 Con space communications system, (intrinsically safe)<br />
4 Rescuer, attendant, talkbox and<br />
4 200’ lines for each airline<br />
Ventilation Equipment:<br />
1 Explosion proof blower<br />
2 15’ duct lengths 8” conductive ducting for bonding & grounding<br />
1 Duct canister for above ducting<br />
1 Saddle duct vent 90 o elbow for saddle vent<br />
Atmospheric Monitoring:<br />
4 Gas atmospheric monitors (CO, LEL, O 2 , H 2 S) or monitor specific to hazard<br />
Draw pump (built in preferred) 100’ sample hose<br />
Golf Ball Retriever<br />
Note: This list is recommended for a rescue team as per NFPA 1670 and NFPA<br />
1006 to an operations level. The technician level requires more equipment such as<br />
chemical protective suits, a decontamination system, personal medical monitoring,<br />
an understanding of other types of monitoring devices like chemical strips,<br />
Photo Ionization Detectors, Flame Ionization Detectors, and more. Industrial<br />
teams may choose to use cable winch devices, as they are less training sensitive but<br />
more specific to certain types of confined spaces.<br />
Source: Dynamic Rescue Systems, Inc.<br />
July/August 2009 17
ERGONOMICS<br />
Manufacturing<br />
makeover<br />
Creating pain-free<br />
workstations<br />
By Vanessa Chris<br />
If you’re like most manufacturers, you probably<br />
approach ergonomic issues on an ‘as<br />
needed’ basis. If there’s been an injury or a<br />
recurring problem on one of your lines, for<br />
example, you’ll take care of it. Otherwise,<br />
ergonomics doesn’t often find itself on the<br />
top of your ‘to do’ list.<br />
According to Shannon Buchner, president<br />
of Working Environments Inc., a Windsor, Ont.-based<br />
firm providing ergonomic solutions to manufacturers, it’s<br />
a scenario most of her customers find themselves in.<br />
“Most manufacturers are very reactive when it comes<br />
to ergonomics,” she says. “I’d say only about 50 per cent<br />
have been proactive and consulted an ergonomist before<br />
coming through our door.”<br />
The thing is, most companies would be well served in<br />
making sure their plant floors are more ergonomically<br />
sound. According to the WSIB, musculoskeletal disorders<br />
from ergonomic issues in the workplace account for 42<br />
per cent of all lost time claims. This translates into 42 per<br />
cent of lost time claim costs and 50 per cent of all lost<br />
time days.<br />
Remedying the problem doesn’t always have to cost<br />
a lot, either. In many cases, a company-wide education<br />
program is enough to ensure employees are implementing<br />
proper ergonomic practices and identifying potential<br />
ergonomic <strong>risk</strong>s in their day-to-day activities. Creating an<br />
ergonomics committee made up of members of the purchasing,<br />
manufacturing and administrative departments<br />
can also act as a watchdog to ensure potential hazards are<br />
fixed before becoming WSIB claims.<br />
To get started on your company’s ergonomic makeover,<br />
here are a few simple steps to follow.<br />
1. Reorganize reach zones<br />
‘Awkward posture’ is one of the most commonly cited<br />
reasons for musculoskeletal injuries — and it can arise<br />
from virtually any plant floor activity.<br />
The majority of plant floor workers store their tools,<br />
or commonly used materials, in places beyond their<br />
immediate reach — typically in bins behind or in front of<br />
them. Similarly, the height of the employee can affect their<br />
ability to operate machinery, since many manufacturing<br />
equipments are built for taller statures, forcing smaller<br />
people to physically extend themselves to operate them<br />
properly.<br />
While these factors can easily go unnoticed, over time<br />
they can lead to serious muscle injuries.<br />
“Continuously reaching forward for your tools requires<br />
the use of extra shoulder muscles,” says Nancy Gowan,<br />
president of Wallacetown, Ont.-based ergonomic consultancy<br />
firm, Gowan Consulting. “If you’re reaching behind,<br />
you tend to twist your back instead of moving your feet,<br />
and that can lead to back problems.”<br />
Items that require access on a regular basis should be<br />
situated in the ‘simplest reach zone’. This means that an<br />
individual’s elbows should always be at their side while<br />
reaching for these objects. Items that require access less<br />
frequently — say no more than one-third of the day —<br />
should be placed in the next reach zone. When reaching<br />
18 <strong>Canadian</strong> <strong>Occupational</strong> <strong>Safety</strong> www.cos-mag.com<br />
for them, an individual’s elbows might move, but not<br />
above their chest.<br />
Items that need to be accessed occasionally can be<br />
situated in a place that requires the individual to reach<br />
their arm all the way out and perhaps lean forward a bit,<br />
although they should never be placed beyond the length<br />
of the individual’s fingertips.<br />
Ensuring the appropriate tools or parts are in the<br />
appropriate reach zones takes a bit of organization and<br />
forethought. There are also a variety of products out<br />
there that can aid in the process. For example, there are<br />
a number of lifting and tilting devices on the market that<br />
can make workstations and machinery more adjustable,<br />
so they can be accessed by individuals of any height or<br />
stature. There is also a variety of lightweight flooring out<br />
there, so shorter individuals can easily pull it out when<br />
they’re working on a conveyor, for example, and then tuck<br />
it away when they’re not using it.<br />
Buchner says choosing appropriate shelving units that<br />
easily fit into a specific workstation is also important. The<br />
bins shelved on these units should be tilted, or feature lids<br />
that flip downward, so picking items out of them requires<br />
little to no reaching. For certain workstations, she says<br />
creating a ‘cockpit’ type of set-up has proven to be rather<br />
popular — where a section of the work bench is cut out so<br />
the worker is closer to their tools and machinery.<br />
2. Minimize straining forces<br />
In ergonomics, the concept of ‘forces’ usually includes<br />
any activity that involves pushing, pulling or lifting on<br />
a regular basis. In a typical manufacturing workstation,<br />
employees may find themselves lifting heavy dies onto<br />
machines, or transporting heavy parts onto dollies.<br />
As a rule of thumb, pushing is always better than pulling<br />
and both of those activities are better than lifting. In<br />
general, lifting things above shoulder level on a regular<br />
basis isn’t a good thing, and the activity should be reduced<br />
as much as possible.<br />
This can be done by setting up a workstation with<br />
adjustable line rollers. These racks can easily be aligned<br />
with a specific machine, so heavy objects — such as dies<br />
— can effortlessly roll along and slide into place.<br />
Ensuring forklifts, power walkies, trollies and other<br />
tools are readily available to employees will also go a long<br />
way in preventing unnecessary lifting. If employees think<br />
it will be easier — or faster — to lift something rather than<br />
grab a forklift, they likely will.<br />
If something has to be lifted, make sure your employees<br />
know and utilize proper lifting techniques. Stretching<br />
before lifting, and asking for help with awkward or<br />
heavy loads, can minimize injuries. Taking an organized<br />
approach to various tasks — so lighter and heavier loads<br />
are varied — can also eliminate the strain on the body.<br />
3. Add some extra padding<br />
Standing on a concrete floor for hours on end can<br />
wreak havoc on an individual’s body — namely their feet,<br />
knees and back. And while anti-fatigue matting has been<br />
used since the 1920s to prevent these injuries, there are<br />
now newer — and more proven — products out there.<br />
“What most people don’t know is that there are different<br />
types of matting out there. We offer newer options<br />
with ergonomic studies attached to them — so they’re<br />
proven to prevent injuries,” says Buchner.<br />
Employees whose duties require them to travel the<br />
plant floor might be better suited to anti-fatigue matting<br />
that attaches to an individual’s shoe. This tends to work<br />
better than padded insoles, which often wear out quickly.<br />
Extra padding or protection should also be used on<br />
machines that tend to vibrate. Anti-vibration gloves or<br />
coverings for machine parts will reduce the likelihood of<br />
vibration-related stress or injuries.<br />
4. Switch it up<br />
Tasks that require endless repetitive movements tend<br />
to cause injuries because individuals are using the same<br />
muscles, day in and day out. One way of averting this type<br />
of strain is by implementing a ‘job rotation’ system.<br />
By allowing employees to spend a few hours at a variety<br />
of workstations throughout the day, you’re not only<br />
enabling them to use different muscles, but they will be<br />
more cognitively engaged and less likely to make a mistake<br />
due to fatigue.<br />
Encouraging workers to perform specific stretches<br />
every hour also saves time and injuries in the long run.<br />
“Many manufacturers are worried that stretching<br />
reduces production,” says Gowan. “The truth is, simple<br />
stretches between cycles improve productivity, quality of<br />
work, morale and they alleviate pain and fatigue.”<br />
The difficulty in implementing ergonomic practices<br />
in a manufacturing environment is that, unlike in office<br />
settings, every manufacturing workstation is different.<br />
If your company has been experiencing a lot of musculoskeletal<br />
injuries in recent years, consider hiring an<br />
ergonomist to do a thorough assessment and analysis<br />
of your manufacturing lines. While the assessment and<br />
resulting solutions might cost a bit more money, it can<br />
save you a lot more down the line.<br />
Vanessa Chris is an award-winning journalist based in<br />
Toronto. You can contact her at vachris@rogers.com
<strong>Safety</strong> by<br />
design<br />
Office ergonomic injuries<br />
are no laughing matter<br />
By The <strong>Canadian</strong> Centre for<br />
<strong>Occupational</strong> Health and <strong>Safety</strong><br />
(CCOHS)<br />
Chances are if you work in an<br />
office, it’s nowhere near as<br />
dramatic as TV’s The Office.<br />
Compared to the hijinks that<br />
go on at the Dunder Mifflin<br />
regional office, your office life is<br />
most likely a bit mundane. The<br />
<strong>risk</strong>s of getting hurt appear low<br />
when you’re simply sitting in front of a computer, moving<br />
a mouse and sending emails and the like.<br />
Still, no matter how harmless these activities may<br />
seem, they can set the stage for injuries that can develop<br />
over time — especially for those who must sit in front of<br />
the computer and type for hours on end each day.<br />
Office workers may suffer injuries of the wrists, back,<br />
neck, shoulders and elbows. And it may begin to affect<br />
other muscles, joints and nerves in general. These conditions<br />
are known as Musculoskeletal Disorder (MSD). The<br />
costs for both the worker and the employer are significant.<br />
MSDs rarely originate from one event or particular<br />
factor. They generally develop over time from a variety<br />
of circumstances. Some are work-related and beyond the<br />
workers’ control, while others, such as individual work<br />
practices, do allow workers some control.<br />
A poorly designed workstation may pose undue physical<br />
stress on the worker. These factors include awkward<br />
posture, use of force, repetitive movements, or a combination<br />
of these.<br />
The workplace design should enable the employees to<br />
carry out work in comfort and safety while allowing them<br />
to make voluntary changes in the working posture. To<br />
achieve this, the design should factor in the types of tasks<br />
performed, the work station design and the chair.<br />
Design factors<br />
Take into account the anticipated tasks. Does the work<br />
require frequent visual or manual movement? Visual tasks<br />
place tension on the neck, trunk and pelvis so that the eyes<br />
can maintain the required vision for a duration of time.<br />
Reduce the strain by properly positioning the visual tasks,<br />
and shortening the time spent on tasks.<br />
Also consider movement. For light tasks, wrist and arm<br />
support may help. For heavier tasks, it might help to arrange<br />
the work surface below the employee’s elbow height.<br />
Workstation components, including the desk, computer<br />
and chair all affect the worker’s body position and should<br />
make it possible to work in a balanced body position. It<br />
should also allow for frequent changes between a variety<br />
of body positions.<br />
When it comes to chairs, employers should look for a<br />
fully adjustable model that can accommodate the majority<br />
of workers. Only consider chairs with controls that allow<br />
for easy adjustment of the seat height and tilt, as well as<br />
the backrest height and angle.<br />
A word of caution: “Just because a chair is labeled as<br />
ergonomic doesn’t mean it’s going to work for all your<br />
workers, nor is one chair going to fit all the different types<br />
of tasks performed at your organization,” says Andrew<br />
Drewczynski, ergonomist at the <strong>Canadian</strong> Centre for<br />
<strong>Occupational</strong> Health and <strong>Safety</strong> (CCOHS).<br />
Drewczynski recommends that all workers take their<br />
prospective chair for a test drive. “At CCOHS our staff<br />
members try out their chairs under real working conditions,<br />
at their workstation, to ensure they’re comfortable<br />
and suitable for their job functions.”<br />
Set-up tips<br />
Here are some more practical suggestions for workers to<br />
keep in mind when they’re at their workstations:<br />
• See not squint. Glare on the computer monitor is a<br />
major culprit of headaches and stiffness. Not only do we<br />
squint, sometimes we will actually sit in an awkward position<br />
to avoid the glare. Set up your monitor so there is no<br />
reflection from lights or from windows.<br />
• Read not strain. Often the computer screen is farther<br />
away than where you would hold a book to read, but not<br />
far enough away for the “long distance” vision part of<br />
your glasses. Having task-specific computer glasses may<br />
help reduce eyestrain or ask your optometrist for more<br />
information.<br />
• Sit not slouch. Posture is extremely important. Become<br />
a “fly on the wall” and pay attention to how you sit and<br />
perform tasks. Do you hold the phone between your ear<br />
and shoulder? Maybe you sit in a slouch. These postures<br />
can put strain on your back, neck and shoulder muscles,<br />
and can also cause headaches. Try to sit up straight, and<br />
get a headset for your phone.<br />
• Stretch not stiff. People who sit most of the day at a desk<br />
often complain about being stiff and sore. It actually takes<br />
effort for the body to maintain one position for a long<br />
time. “Don’t forget to take frequent short breaks,” advises<br />
Drewczynski. “Aim for five minutes rest every 60 minutes.<br />
Find other tasks to do that don’t involve sitting at your<br />
computer, or simply get up and stretch.”<br />
• Mouse not misery. While it is a handy gadget, a computer<br />
mouse can cause all sorts of pains and aches. Be sure<br />
your mouse is positioned in the right place for you; try to<br />
put it in front of, instead of beside, the keyboard. Use the<br />
shortcut and function keys on the keyboard instead of the<br />
mouse whenever possible. And avoid using the mouse for<br />
long periods of time. Take frequent breaks even when you<br />
feel fine.<br />
• Light not might. Be kind to your keyboard — excessive<br />
force is generally not a good idea. Most often, force is a<br />
problem for workers who have to lift or place objects, but<br />
even sticky keyboards can make you use more effort than<br />
you need to. Be sure your equipment is in good working<br />
order, and type lightly.<br />
• Pace not race. Deadlines are a way of work life, but in<br />
general, too fast a work pace does not allow the body time<br />
to recover between repetitive or forceful movements — it<br />
can increase the <strong>risk</strong> of developing an injury. Both management<br />
and employees should determine a good pace for<br />
the office. Figure out reasonable work quotas, schedules,<br />
goals and timelines.<br />
• Don’t <strong>risk</strong> that wrist. Wrist rests can be both a blessing<br />
and a curse. On one hand, it is known that leaning<br />
the wrists on a wrist rest or the edge of the desk for long<br />
periods can put a lot of pressure on the undersides of the<br />
wrists. This may cause conditions such as carpal tunnel<br />
syndrome (CTS) to develop. On the other hand, evidence<br />
shows that wrist rests can ease tension in the neck and<br />
shoulders.<br />
• Address the stress. Stress can come from many sources.<br />
Sometimes it’s a deadline; sometimes it’s more chronic.<br />
Laughing is one of the easiest and best ways to reduce<br />
stress. Take several deep breaths or stretch breaks throughout<br />
the day. Gain control of your situation. Use 10 minutes<br />
at the beginning of each day to prioritize and organize<br />
your tasks. Be realistic with your colleagues and yourself<br />
about what you can accomplish.<br />
Refi ne the design<br />
Effective job design is neither a one-way nor a one-time<br />
task. Gather and review feedback from employees. No<br />
matter how well thought out the workstation design, there<br />
is usually a need for individual tailoring.<br />
Worker involvement is key. Consult with them on an<br />
ongoing basis, and together look for ways in which you<br />
can refine workstation design to be even more effective,<br />
safer and healthier.<br />
More information about ergonomics can be found on<br />
the <strong>Canadian</strong> Centre for <strong>Occupational</strong> Health and <strong>Safety</strong>’s<br />
(CCOHS) website at www.ccohs.ca.<br />
July/August 2009 19
THE LATEST IN HEALTH AND SAFETY PRODUCTS AND SERVICES<br />
TOOLS OF THE TRADE<br />
H&S PRODUCTS<br />
Snap!<br />
Sperian Protection Group’s Uvex brand of safety eyewear<br />
has launched the Uvex Seismic sealed eyewear.<br />
Th e Uvex Seismic is a breakthrough in ergonomic,<br />
adaptable design combining comfort and high performance<br />
protection against<br />
impact, sun, wind, dust<br />
and debris, Sperian<br />
said. Th e adaptive<br />
design can be worn<br />
with snap-in temples<br />
or headband and with or<br />
without the cushion-lined<br />
sub-frame. Workers can now<br />
adapt to their environment and address a range of hazards—grinding,<br />
chipping, shaving and sanding—with<br />
the Uvex Seismic. It off ers wearers a contemporary,<br />
fl exible design with a range of comfort and adjustability<br />
features for all-day wear. Soft nose pads conform to<br />
a variety of facial profi les and minimize slippage. Th e<br />
high-quality foam sub-frame provides cushioning and<br />
protection from fi ne particles. Padded temple tips deliver<br />
behind-the-ear comfort, while the fl ame-resistant<br />
headband adjusts for an excellent fi t. Th e Uvex Seismic<br />
20 <strong>Canadian</strong> <strong>Occupational</strong> <strong>Safety</strong> www.cos-mag.com<br />
meets ANSI Z87.1-2003 (High Impact) standard with<br />
and without the cushion-lined frame, and is certifi ed<br />
to comply with CSA Z94.3 standards only when worn<br />
with cushion-lined frame.<br />
www.sperianprotection.com<br />
Welder-ready seating<br />
Synetik Design Inc. has developed what the company<br />
claims as the fi rst complete range of ergonomic seats<br />
for welders. Th ese chairs are fi t for work tasks from the<br />
ground to 55 inches high, seating or<br />
unusual work positions such as<br />
kneeling or lying. Th e chairs offer<br />
an eff ective solution for any<br />
welding application, the company<br />
said. Th e chairs feature kneepads<br />
and a stool which allow users to<br />
work comfortably in a kneeling<br />
position. Th e ergonomic design reduces<br />
pressure sensations felt in the knees, ankles<br />
and lumbar region, allows users to vary work position<br />
quickly and easily, and reduces fatigue by limiting muscular<br />
eff ort, the company said.<br />
www.synetik-di.com<br />
GAS DETECTION & CONFINED<br />
SPACE PROTECTION<br />
Wall on guard<br />
Th e Guardian, from CEA Instruments, is a newly expanded family of<br />
wall-mounted, continuous gas monitors available for carbon monoxide,<br />
hydrogen sulfi de, oxygen, chlorine, sulfur dioxide, hydrogen cyanide,<br />
hydrogen chloride, nitrogen dioxide, nitric oxide, hydrogen, and many<br />
others. Standard features include digital display, NEMA 4X enclosures,<br />
output relays, and multi-level audio and visual alarms. Th e Guardian controller<br />
is available with up to four remote sensors which are fast responding<br />
and unaff ected by temperature and humidity changes, the company said. A<br />
system test button, local danger alarm indicator and fault alarm assures<br />
proper operations. Th e unit is easy to install, operate and maintain.<br />
www.ceainstr.com<br />
Gas detection on demand<br />
Industrial Scientifi c’s new MX4 iQuad is able to detect from one to four gases, and<br />
is the latest addition to the company’s line of iNet-ready gas detectors. iNet off ers an<br />
alternative to buying and maintaining gas detectors, the company said, by providing<br />
a soft ware-based service that enables visibility into gas detector alarms, exposure<br />
and usage. It keeps gas detectors working without costly and time-consuming<br />
maintenance. With iNet, the customers do not have to buy the gas detectors. Instead,<br />
they subscribe to iNet gas detection service. Using the MX4 with iNet, subscribers<br />
avoid the common problems of owning gas detectors, while enjoying MX4’s reliable<br />
and user-friendly features. Th e MX4 is small, rugged and simple to use. A rubber<br />
overmold covers its polycarbonate housing to protect the MX4 from high-impact<br />
bumps and drops.<br />
www.indsci.com<br />
CO2 detector<br />
Th e EX-5165 sensor/transmitter from ENMET Corporation features<br />
an infrared sensor which can be supplied calibrated for the detection of<br />
carbon dioxide in ranges available from 0-500 ppm to 0-100 per cent by<br />
volume CO2. Th e NDIR sensor can continuously monitor high concentrations<br />
of CO2 and operate in an anaerobic environment, the company<br />
said. Th is sensor/transmitter provides an LCD of the gas concentration and<br />
has three LED alarm point indicators. It is approved for location in Class I,<br />
Division 1, Groups B, C and D atmospheres. It features 4-20 mA output and<br />
non-intrusive calibration. Th e EX-5165 is a 24 VDC loop powered transmitter<br />
that provides a 4-20 mA output which can be connected to a PLC or any one of several<br />
controllers available from ENMET Corporation.<br />
www.enmet.com<br />
X for ‘extreme’<br />
Th e H.L. Bouton Company, Inc.’s new XFC (extreme fashion and comfort)<br />
9100 safety spectacle features a lightweight nylon half-frame and a<br />
unique single lens design. Th is spectacle includes soft fl exible ribbed rubberized<br />
temple tips for secure fi t, ribbed rubberized nosepiece, and hardcoated<br />
eight-base curve polycarbonate lens. Th e XFC 9100 is available with<br />
black or crimson frames. Th e lens choices are clear, smoke, amber, mirror,<br />
TrueView and Clear Polynium Plus. Its specially engineered lens design<br />
provides maximum defence, while protecting in comfort. Impact defying,<br />
polycarbonate lenses protect eyes from 100 per cent of harmful UV radiation.<br />
Th e XFC 9100 meets ANSI Z87.1 standards.<br />
www.hlbouton.com<br />
Curves and colour<br />
MSA’s new Custom TechnaCurv Harness has a patented<br />
curvilinear comfort system that combines curved<br />
neck and torso webbing with an adjustable Y Back<br />
D-Locator pad, the company said. Th is moves the<br />
shoulder webbing away from the neck, preventing<br />
chaffi ng and providing greater comfort. Additional<br />
features include bright orange webbing for greater<br />
visibility, visco-elastic shoulder padding that automatically<br />
adjusts to your body, and Sorbtek fabric that wicks<br />
moisture away from the body.<br />
www.msanet.com<br />
DVD for aggressive drivers<br />
A new aggressive driver training DVD program entitled, Emotional Wreck,<br />
has been released by Coastal Training Technologies<br />
in Virginia Beach, Va. and it’s now being<br />
distributed in Canada through Belleville,<br />
Ont.-based Electrolab Training Systems.<br />
Th is new DVD program takes a sobering<br />
look at what constitutes aggressive driving,<br />
what contributes to it and how one<br />
driver’s acts can cause a “domino eff ect” of<br />
bad decisions that may lead to “road rage”<br />
and tragedy. Aggressive driving accounts for<br />
one-third of all crashes and two-thirds of all<br />
fatal car crashes, killing almost 1,500 people<br />
and costing approximately $40 billion each<br />
year. Th is new DVD program targets the<br />
causes and eff ects of aggressive driving, the<br />
psychological traps we all fall into when we’re<br />
behind the wheel, and how to apply safe driving practices to avoid or defend<br />
against aggressive driving, according to Electrolab. To arrange a free<br />
preview of the DVD, please call 1-800-267-7482.<br />
www.electrolab.ca<br />
It’s a keeper!<br />
Gear Keeper’s new Retractable Industrial Tool Lanyard is a tool safety device<br />
ideal for contractors, electricians, linemen and phone technicians –<br />
even for workers observing at the<br />
foot of the drop. Th e Gear Keeper<br />
Retractable Industrial Tool Lanyard<br />
is engineered specifi cally to<br />
provide reliable, versatile access<br />
to the gear you need at your fi ngertips<br />
when on the job. It can be<br />
used for a wide variety of tools<br />
such as wrenches, hammers and<br />
pliers, the company said. Innovative<br />
features of this handy device<br />
include a tough Nylon/Spectra<br />
line built for high strength and<br />
durability as well as a strong stainless steel coil spring mechanism housed<br />
inside stainless steel hardware — providing reliable performance for years<br />
of rugged abuse on the job. Th e unit is available in two models — each built<br />
specifi cally to protect a variety of tool weights from a full-range drop. Th e<br />
RT4 model is designed to handle tools up to 16 oz. and provide users with<br />
minimum retraction force (3 oz.) while allowing the tool to extend a full<br />
36 inches. Th e RT3 model is ideal for slightly heavier small tools as it can<br />
grasp onto tools weighing up to 32 oz., and provides 12 oz. of retraction<br />
force while reaching out for up to 42 inches.<br />
www.gearkeeper.com
FOR YOUR INFORMATION<br />
Do you want to know more about any product advertised in this issue of COS? Here you’ll find the information<br />
you need to make the right connections! Every advertiser is listed, along with several ways that you can get in touch.<br />
Whether you phone, visit a website or send an e-mail, getting the information you need has never been easier.<br />
ADVERTISER PAGE WEBSITE ADDRESS ADVERTISER PAGE WEBSITE ADDRESS<br />
Best Glove 21 www.bestglove.com<br />
Canada Law Book 10, 23 www.canadalawbook.ca<br />
Danatec Educational Services 5 www.danatec.com<br />
Debolt Data Depository 12 www.deboltdata.com<br />
Fisher <strong>Safety</strong> 4 www.fishersafety.ca<br />
Hellberg <strong>Safety</strong> 14 www.hellbergsafety.ca<br />
PROMOTE YOUR BUSINESS WITH<br />
AN AD IN SAFETYLINKS<br />
email Kathy Liotta;<br />
Kliotta@clbmedia.ca<br />
For more than 50 years,<br />
Best Glove Manufacturing Limited<br />
has been an innovative leader in researching,<br />
developing, manufacturing and supplying<br />
quality hand protection<br />
to industrial workers and<br />
professionals of all fields.<br />
An innovative pioneer,<br />
Best Glove boasts an<br />
impressive list of firsts in<br />
glove technology.<br />
1-800-565-BEST (2378)<br />
@e-updates<br />
Sign up for the COS e-updates<br />
to get the latest information on<br />
workplace health and safety right<br />
at your fingertips.<br />
Go to www.cos-mag.com<br />
to sign up for the free<br />
COS e-update today!<br />
Kee <strong>Safety</strong> 12 www.keeguard.ca<br />
Master Lock Canada 14 www.safetyseries.com<br />
MSA Canada 15 www.MSANET.com<br />
North <strong>Safety</strong> Products 2 www.northsafety.com<br />
Scott Health & <strong>Safety</strong> 24 www.scotths.com/atcos<br />
Sperian 9 www.uvex.us<br />
RESPIRATORY PROTECTION<br />
Light and free<br />
UniTech Services Group’s MAXAIR Powered Air Purifying<br />
Respirator (PAPR) provides superior respiratory protection anywhere<br />
workers may be exposed to heat stress or contaminated<br />
air, the company said. Its proprietary design provides complete<br />
protection from airborne particulates and splashes. UniTech<br />
is the exclusive authorized nuclear industry distributor of the<br />
NIOSH-approved powered air-purifying respirator. MAXAIR<br />
system features a helmet, disposable HE fi lter, fi lter cover, and<br />
choice of disposable cuff or shroud. LED visual safety indicators<br />
display real-time information on remaining battery life and airfl<br />
ow. Compared to traditional PAPRs, MAXAIR is 33 per cent<br />
lighter, making it more comfortable to wear for longer periods.<br />
Its patented hose-free design allows for increased freedom of movement and prevents workers from<br />
getting caught or snagged on objects in the work area.<br />
www.unitech.ws<br />
Going strapless<br />
Faceseal Technologies has released a new adhesion facemask that aims to address the shortcomings<br />
and limitations of conventional respirators that are held in place by straps,<br />
rubber bands and nose clips. Th e Fitseal Adhesion Filtering Facepiece Particulate<br />
Respirator (FFPR) represents a breakthrough in personal respirator<br />
technology, said the company. Co-developed by <strong>Canadian</strong> and American scientists<br />
and medical experts, this one-size-fi ts-all respirator is held in place by<br />
medical-grade adhesion technology that conforms and seals to the wearer’s<br />
face, signifi cantly reducing inward and outward leakage between the mask<br />
and the face. Th e Fitseal N99 off ers at least 99 per cent fi ltration effi ciency<br />
against solid and liquid aerosols that do not contain oil, the company said. Th e<br />
structure and materials are designed for comfort, allow for easy breathing as well as clear speech, and<br />
can be worn comfortably for up to eight hours.<br />
www.facesealtechnologies.com<br />
Model masks<br />
New antimicrobial respirator mask technology has been introduced by Nexera Medical,<br />
Inc. (Nexera). Considered the model for next-generation respirator masks, Nexera’s<br />
SpectraShield 9900 and SpectraShieldTM Plus FFP3 Antimicrobial Masks (SpectraShield)<br />
begin to kill bacteria and viruses immediately on contact, and have tested<br />
fi ltration performance equivalent to a N99 or greater. Th e SpectraShields are available<br />
in both adult and children’s sizes, and give public health offi cials and fi rst responders<br />
the best available protection against viruses and diseases, Nexera said. <strong>Canadian</strong><br />
health authorities have approved the mask to be reused for up to 28 days, and it recently<br />
received regulatory approval in the EU as an antimicrobial FFP3 respirator, the<br />
company added.<br />
www.nexeramed.com<br />
July/August 2009 21
BITE-SIZED PIECES OF WIT AND WISDOM FROM THE WORLD OF HEALTH AND WELLNESS<br />
HEALTH PAGE<br />
What wine goes with chicken wings?<br />
Answer: none!<br />
22 <strong>Canadian</strong> <strong>Occupational</strong> <strong>Safety</strong> www.cos-mag.com<br />
COMPILED BY NATHAN MALLETT<br />
It’s not Miller time – It’s merlot time… or at least it should be, say health experts. Researchers<br />
in Denmark have found that people who drink wine are more likely to have a healthier diet<br />
than those who prefer to chug cold ones. Th e study, which was published in the British Medical<br />
Journal, tracked the food consumption habits of tens of thousands of Danish shoppers over<br />
a six-month period and categorized subjects based on their alcoholic beverage of choice. Th e<br />
researchers found that customers in the “wine only” group tended to buy a lot more fruit and<br />
veggies and low fat cheese, milk and meat, than their beer-drinking counterparts. On the other<br />
hand, those who favoured the fermented hops were more likely to eat more prepared and processed<br />
foods, as well as chips, pork, sausage and a variety of foods high in saturated fats.<br />
Benefi ts of bonding<br />
The ubiquitous “girls’ night out” may actually offer women more than just a few hours<br />
of laughs. According to a study from the University of Michigan, the simple act of<br />
spending time “bonding” with a bunch of BFFs can boost women’s sense of well-being,<br />
while measurably reducing levels of anxiety in the body. Researchers found that among<br />
college-aged female test subjects who were paired up and asked to perform activities<br />
that elicited feelings of emotional closeness, there was a noticeable increase in subjects’<br />
levels of progesterone, a stress-busting hormone associated with motherhood and<br />
pregnancy. “Many of the hormones involved in bonding and helping behavior lead to<br />
reductions in stress and anxiety. Now we see that higher levels of progesterone may<br />
be part of the underlying physiological basis for these effects,” said UM researcher<br />
Stephanie Brown. The findings of the study are published in the June<br />
2009 issue of the journal Hormones and Behavior.<br />
Rub a dub dub<br />
Bosses in the U.K. may soon be telling their staff to hit the showers … but in a good way, all in the name<br />
of boosting productivity and reducing workplace stress. According to the British newspaper, Th e Daily<br />
Telegraph, four businesses in that country noticed an increase in employee performance when staff<br />
members took mid-day showers. Th e study, conducted by a bathroom fi xture manufacturer, tracked the<br />
businesses (a restaurant, lingerie company, architect fi rm and an ad agency) for eight weeks. According<br />
to the researchers, employees recorded a 16 per cent increase in productivity, while 23 per cent said they<br />
felt better at work. “As well as helping me get a fresh perspective on things, I found it to be a great pickme-up<br />
on days when I felt tired,” remarked one of the employees who took part in the study. “[It] gave<br />
me some peace and quiet, being away from the ringing phones in the offi ce and it was great for mulling<br />
over ideas,” said another worker.<br />
Medicine<br />
at warp speed<br />
Your local emergency room may soon look more like the sick bay on the Starship<br />
Enterprise if a new gadget developed by the U.S. Department of Homeland Security<br />
catches on. Th e agency’s Science and Technology Directorate is currently testing its<br />
latest creation, the Standoff Patient Triage Tool (SPTT). Th e portable unit can measure<br />
pulse, body temperature, respiration and other vital signs in only a few seconds<br />
without actually touching the patient. It reportedly even works from a range of 40<br />
feet. Th e developers say that Star Trek fans will immediately recognize the SPTT’s<br />
resemblance to Doctor McCoy’s “tricorder”, a futuristic device the sci-fi physician<br />
used to instantly examine patients in the 1960s TV series. Th e real-life version of<br />
the technology uses something called laser doppler vibromitry to remotely collect<br />
medical data. A DHS spokesperson said the equipment will allow medics to quickly<br />
assess a room full of victims of an accident or disaster in moments via remote control.<br />
Traditionally, collecting vitals required a hands-on examination that could take<br />
between three and fi ve minutes per person. “We thought, ‘Wow, wouldn’t it be nice<br />
if a responder could have a technology to take vital signs quickly from fi ve to 40 feet<br />
away?’” said Greg Price, director of the project. Th e device is expected to be rolled<br />
out to emergency personnel in the next few years.<br />
Attention shoppers….<br />
I won’t expect your supermarket to be an ally in your struggle to lead a healthier lifestyle. According to research<br />
from New Zealand, grocery stores are more likely to entice shoppers to fill their baskets with sugar-filled, calorierich<br />
foods and drink than healthier all-natural alternatives. The study looked at 1,500 supermarket beverage discounts<br />
and promotions in that country over a one-month period. It found that grocers were less likely to cut prices<br />
on nutritious drinks, but frequently slashed the cost of products that were high in fat, sugar or calories. “Given the<br />
influence discounts can have on what shoppers purchase, supermarkets could promote healthy options by discounting the<br />
products that are nutritious and contain less saturated fat and added sugar,” said Claire Hewat, chair of a dietitians association<br />
in neighbouring Australia. Hewat’s association is on a campaign to fight obesity by pushing government and the food industry<br />
to make healthy food choices more affordable and available to consumers. The study was published in the journal Nutrition and<br />
Dietetics.
CA062<br />
Industrial workplace protection<br />
for committed professionals<br />
Conducting Administrative,<br />
Oversight & Ombudsman<br />
Investigations<br />
Gareth Jones<br />
This is a ground-breaking, hands-on guide to<br />
conducting investigations of any kind that sets out the<br />
eight principles that underlie effective and credible<br />
investigations, discusses common problems that may<br />
arise and how to avoid them.<br />
Perfectbound • 460 pp. • April 2009 • $85<br />
P/C 0966010000 • ISBN 978-0-88804-488-4<br />
Human Resources Guide to<br />
Preventing Workplace Violence,<br />
Second Edition<br />
Norman A. Keith and Goldie Bassi<br />
This fully updated second edition provides practical<br />
guidance on issues such as what constitutes<br />
workplace violence, types and sources of workplace<br />
violence, the cost of workplace violence to individuals<br />
and organizations.<br />
Perfectbound • Approx. 260 pp. • September 2009 •<br />
Approx. $75 • P/C 0969010002<br />
ISBN 978-0-88804-490-7<br />
Labour Relations Board<br />
Remedies in Canada<br />
Second Edition<br />
Jeffrey Andrew<br />
A comprehensive book that covers the remedial<br />
orders issued by the federal and provincial labour<br />
boards. If you are involved in negotiating remedies,<br />
are a member of a labour relations board or a part<br />
of a union, this resource will be an indispensable<br />
reference tool for you.<br />
Looseleaf & binder • $199<br />
Releases invoiced separately (1-2/yr)<br />
P/C 0404032000 • ISBN 978-0-88804-480-8<br />
A Practical Guide to<br />
<strong>Occupational</strong> Health and <strong>Safety</strong><br />
and Workers’ Compensation<br />
Compliance in Alberta<br />
Norman Keith and Adam Neave<br />
A unique resource written by leading experts in<br />
occupational health and safety, this book will provide<br />
an overview of the occupational health and safety<br />
internal and external responsibility systems in<br />
Alberta. It also introduces the workers’ compensation<br />
system and effective management strategies.<br />
Perfectbound • 174 pp. • 2007 • $72<br />
P/C 0172010000 • ISBN 978-0-88804-460-0<br />
Enforcing Human Rights<br />
in Ontario<br />
Mary Cornish, Fay Faraday and<br />
Jo-Anne Pickel<br />
For a 30-day, no-<strong>risk</strong> evaluation call: 1.800.263.2037<br />
Canada Law Book is a Division of The Cartwright Group Ltd. Prices subject to change without notice, to applicable taxes and shipping & handling.<br />
The Human Rights Code was recently amended to<br />
significantly change how human rights are protected,<br />
promoted and enforced in Ontario. This is the first<br />
book to outline how the new human rights system<br />
works, written by lawyers renowned for their<br />
experience in the area.<br />
Hardbound • 336 pp. • March 2009 • $98<br />
P/C 0301010000 • ISBN 978-0-88804-485-3<br />
Human Resources Guide to<br />
Workplace Investigations<br />
Janice Rubin and Christine Thomlinson<br />
This book discusses the “dos” and “don’ts” of<br />
conducting workplace investigations. It addresses<br />
issues such as, why conduct a workplace<br />
investigation, who should conduct an investigation,<br />
the investigation process and the investigation report.<br />
Perfectbound • 242 pp. • 2006 • $79<br />
P/C 0141010000 • ISBN 0-88804-443-7<br />
The Law of Dismissal for Human<br />
Resources Professionals<br />
Howard Levitt<br />
Provides a complete account of virtually every issue<br />
you may face as an HR professional or executive,<br />
during a dismissal. Through Howard Levitt’s<br />
practical tips, charts, checklists and strategies you’ll<br />
gain the clear-cut, easy-to-follow guidance you need<br />
to meet the demands and conquer the challenges of<br />
dismissal and avoid liability.<br />
Perfectbound • 230 pp. • 2007 • $64<br />
P/C 0174010000 • ISBN 978-0-88804-464-8<br />
Workplaces That Work:<br />
A Guide to Conflict<br />
Management in Union and<br />
Non-Union Work Environments<br />
Blaine Donais<br />
A practical guide to dispute resolution in both the<br />
union and non-union workplace. It offers quantitative<br />
solutions to managing workplace conflict through<br />
tools such as the Testing Instrument for Fairness<br />
Systems among others.<br />
Perfectbound with CD-ROM • 362 pp. • 2006 • $89<br />
P/C 0143010000 • ISBN 0-88804-445-3<br />
COS0709