YOUR Right to Refuse Dangerous Work – Section 128/129 Canada Labour Code, Part II

• Report the details of the perceived hazard to your employer without delay.
• If your employer agrees that a danger exists, the employer is then obliged to take immediate action
  to protect you and other employees from the danger and to inform the workplace committee or
  the health and safety representative about the action(s) taken to resolve the problem.

No Resolution

• If the matter is not resolved, you may continue the work refusal, reporting the circumstances of the matter without delay to your employer and to the workplace committee or the health and safety representative.
• After being informed of the continued refusal, your employer is required to investigate the matter in your presence and in the presence of either a worker member of the workplace committee or a health and safety representative or, if neither is available, a person from the workplace selected by you.
• If your employer disputes that the situation constitutes a danger, but you have reasonable cause to believe that the danger continues to exist, you may continue the work refusal.
• Upon being notified of your continued refusal, the employer will notify a Health and Safety Officer from
  Human Resources and Social Development Canada (HRSDC) of the refusal.
• You may then be assigned reasonable alternative work or be asked to remain in a safe location in the workplace.
• Once informed of the continued refusal, a Health and Safety Officer will investigate the matter in the presence of all parties.
• The Health and Safety Officer will decide if danger exists and provide written notification of the decision to you and your employer.

Appeals

• An employee who disagrees with the decision of the Health and Safety Officer is not entitled to continue the work refusal, however, he or she will have 10 days in which to file a written appeal with an Appeals Officer from the Canada Appeals Office on Occupational Health and Safety (CAO-OHS).
• An employer, employee or trade union may appeal a Health and Safety Officer’s direction by filing a written appeal with an CAO-OHS Appeals Officer within 30 days of the initial direction.

It’s time for a major study into what is ’sabotaging taxpayers’ investment’: mental health expert

Canada needs a national inquiry into the management and working conditions of the public sector, which is a “toxic place to work” for a growing number of employees who are stressed, burned out and slipping into depression, says a mental health expert.

Bill Wilkerson, chairman of the Global Business and Economic Roundtable on Addiction and Mental Health, said the absenteeism, disability claims and distress among Canada’s nurses, doctors, teachers, police, military and bureaucrats have reached such crisis proportions that it’s time for a major study into what is “sabotaging taxpayers’ investment” into these critical services.

“We are seeing absences, disability rates and illness among public sector organizations that beg a national evaluation of what it is about these workplaces that creates such high levels of distress,” he said.

“And I would argue, conceptually, that this goes beyond the question of too few nurses, for example, doing too much work.

“There is something wrong with the culture of these workplaces.”

Disability claims in Canada are climbing and between 30 to 40 per cent of claims are for depression. The cost to the economy is $51 billion, or four per cent of GDP.

The problem isn’t confined to the public sector, but it requires attention because the cost is footed by taxpayers. It also raises questions about what is happening to the quality of public services, such as health care.

“This is the greatest issue we have faced concerning the health and quality of public services in this country’s history and we, as Canadians, have to wake up to this.”

Mr. Wilkerson has been a driving force in getting mental health on the national agenda. Last year, the Harper government created the Mental Health Commission, headed by former senator Michael Kirby, to help develop a national mental health strategy. He and Mr. Kirby plan to convene a workplace summit in the fall into the productivity and health of public sector, especially the hardest hit health care sector.

Studies abound of the depression and absenteeism rates soaring beyond the national average for nurses, teachers and physicians, but a new study on the health of senior bureaucrats in the federal public service drives home that poorly managed workplaces are creating sick cultures and employees.

Mr. Wilkerson said what’s disturbing is that 15 per cent of the top executives say they are “verbally harassed and tormented” and it jumps to one in four among entry-level executives.

Mr. Wilkerson said this harassment could be caused by a combination of factors. Senior bureaucrats could feel “politicized” - torn between being neutral, non-partisan professionals and being drawn into the political arena. The harassment could be coming from all sides - from deputy ministers and ministers at the top to fellow executives and even employees who work for them.

The study’s findings into the stress, burnout, depression and work overload of federal executives are so worrisome that the Association of Professional Executives of the Public Service, which ordered the survey, is planning consultations across the country to get a handle on the problem with the intention of holding a summit in the fall on how to fix it.

Michel Smith, the association’s executive director, said the mental health issues have to come out in the open and be tackled with a “system-wide approach.” He said disability claims are increasing, but executives are burying their own problems because admitting stress and depression carries a stigma they believe will kill their careers. Instead, he said executives are using their vacation rather than sick leave when taking time off for stress.

Mr. Wilkerson argued the association’s study is unique because until now, it was unions and rank-and-file employees pushing for changes to tackle stress and depression, not top executives.

“I don’t think you would find the same level of concern about harassment among executives in the private sector. I mean, these are the people at the top. If the bosses are being harassed, you have to ask, what’s happening to the rank-and-file public servants?”

The association’s concerns were also echoed by Morris Rosenberg, Health Canada’s deputy minister, who told a recent conference that mental illness is a management issue that must be part of the government’s drive to “renew” and reform the public service. He said the public service is “brainbased” work and “mental illness hits us where it hurts.”

Mr. Wilkerson said the study is a wake-up call that has created “unprecedented interest” among federal executives into what’s wrong with their workplace. The RCMP and the military have also made the issue a top priority in managing their work forces.

Mr. Wilkerson said the APEX study is also the first to show the toll of cellphones, Internet, e-mail and BlackBerries on senior executives and how the reliance on technology has become “counter productive.” About 75 per cent of the nearly 2,100 surveyed say technology increases their workload; 66 per cent it adds to their stress and 49 per cent it decreases their productivity.

He argued workers are so bombarded by e-mails “with the practice of copying everyone taken to new heights.” It all boils down to good management, which means bringing back “human decency” and respect to the workplace, he said.

“People are drowning in technology and risk averseness and the lack of clear lines of accountability,” he said.

“I believe employers should call for an e-mail ceasefire. We are driving each other crazy. We have to find ways to talk to each other again. Isolation can take place in a crowded room as we all stand around and click, click the BlackBerry.”

The “churn” of the public service, characterized by the rapid and high turnover of people in jobs, has been identified as a big problem. The APEX survey showed 64 per cent of executives think of leaving their organization at least every month. More than half want to leave because of lack of recognition.

Although 90 per cent of the reported they were in good or excellent health, Mr. Wilkerson said the high incidence of chronic illnesses - cardiovascular, respiratory, gastrointestinal, musculoskeletal, mental health and addictions - are warning bells of problems “routinely connected to depression.” About 84 per cent said they feel a sense of accomplishment in their jobs, but 75 per cent scored high for burnout and extreme fatigue.

Part of the problem in the public sector is the ambiguity around who is in charge. Departments have to manage with a slew of “one-size-fits-all policies and answer central agencies, from Treasury Board to Privy Council Office. As a result, departments don’t feel like they are employers in their own right,” said Mr. Wilkerson.

Please encourage your local H&S Activists and members to participate!

The next meeting is scheduled for Wednesday, June 25, 2008 beginning at 5:30 PM. Members can attend in person at the PSAC Vancouver Regional Office, #200 - 5238 Joyce Street in Vancouver or via conference call: please email James Little for details.

OTTAWA - Canadians are increasingly stressed and depressed on the job, and it is costing the economy and society dearly, says a study released Thursday by Desjardins Financial Security.
According to the results, 83 per cent of Canadians report having shown up for work while sick or exhausted, and did so an average of six times in the past year.

Another 89 per cent of the 1,594 adults interviewed for the survey believe incidences of stress-related mental-health problems such as burnout, depression and anxiety have been increasing over the years.
All this is costing the economy $30 billion a year, says a 2005 study produced by the journal Chronic Diseases in Canada, quoted in the Desjardins report.

“It is estimated that more than two million employees in Canada suffer mental illness at any given time,” said Taylor Alexander, chief executive of the Canadian Mental Health Association. “The economic, social and personal impact of mentally unhealthy workplaces is staggering.”

“Employers must do more to promote a healthy work/life balance, otherwise they, their workers, our economy and society will suffer serious consequences.”

Among those consequences is the stress placed on the health-care system through the relationship between depression and heart disease, diabetes and autoimmune disorders.

The Desjardins study cites numbers produced by the Conference Board of Canada showing that absenteeism rates for workers with a high degree of stress was double than of those with little stress.

Employees suffering clinical depression are off the job an average of 40 days, the study said, and mental health claims, particularly those relating to depression, are the fastest growing category for days lost to disability in Canada.

Yet companies are failing to realize the toll this is taking, says the CMHA. By not addressing these problems in the workplace, they are incurring increased days lost, reduced productivity, and higher disability and benefit costs.

“Even if each person is responsible for his or her own health, these results should prompt employers to take a close look at the reality of their own workplaces,” said Alain Thauvette, senior vice-president of group and business insurance for Desjardins.

The CMHA advises employers consider several steps, including:

• Offering flexible hours;
• Allowing workers to work from home;
• Permitting those returning from leave to gradually build up to a full-time schedule;
• Training managers on how to support work/life balance;
• Encouraging staff to stay home with sick children or elderly relatives when needed;
• Eliminating unnecessary meetings;
• Communicating expectations clearly to staff;
• Allowing staff to control their own priorities as much as possible.

April 28, 2008 will mark the 24^th anniversary of the National Day of Mourning for workers killed and injured on the job. The National Day of Mourning was started in 1984 as an initiative of the Canadian Labour movement and this day of reflection is now established around the world.

• More Day of Mourning information, including a list of events in BC
• Read more Heath & Safety related posts

In 1984, according to the official figures listed by the Association of Workers’ Compensation Boards of Canada (AWCBC), 744 workers were listed as having died from workplace injuries. But instead of seeing and improvement is this tragic situation, the past two decades has actually seen an increase in the number of workplace fatalities. In 2006, the last year that the AWCBC has released statistics for, 976 workers were killed on the job due to workplace injuries.

However, we know that these statistics are grossly underestimated and that the real number of deaths resulting from occupational illness and disease, and other workerplace factors are never included in these official statistics, as it is extremely difficult to prove that deaths that are caused by occupational disease, such as cancer, are caused by exposure to hazards in the workplace.

Every year the Labour movement has to update these statistics and it is definitely a depressing exercise.

Since 1984, it is estimated that more than 25,000 workers have been killed on the job and more than 25 million workers have been injured while at work.

This year the theme for the Day of Mourning as adopted by the Canadian Labour Congress is “ Mourn for the dead. Fight for the Living – Now more that ever!”.

The Labour movement has and continues to diligently work to gain many health and safety protection for workers through legislation and collective bargaining.

However, there continues to be a serious lack of commitment on behalf of governments at the provincial and particularly at the federal level to enforce the health and safety protections that we have fought for such as the right to refuse unsafe work.

Workers and their representative need to mount concerted efforts to demand that the health protections that Labour has fought for are enforced by governments and that charges are laid when there are serious injuries or death in the workplace due to employer negligence.

Below you will find three publications from the Canadian Labour Congress that will help in the planning for Day of Mourning activities: Day of Mourning Statement 2008; Resource Information for the 2008 Day of Mourning; and Notes for the National Day of Mourning.

Locals should ensure that on April 28th a minutes silence is observed at 11:00 A.M. in all work locations and that the Canadian flag is lowered to half mast at all federal buildings and establishments.

Members in all Locals should be encouraged to participate in the Day of Mourning observances organized by the Local or Local Labour Council. As well, Locals should ensure that the PSAC is well represented at their District Labour Council’s Day of Mourning events.

Let us collectively ensure that this year’s Day of Mourning observances sends a strong message to all governments of their obligation and responsibility to strongly enforce health and safety laws and regulations.

In Solidarity,

• Day of Mourning Statement 2008 (Canadian Labour Congress)
• Resource Information for 2008 Day of Mourning
• Notes for National Day of Mourning April 28th, 2008

April 28, 2008 marks the 24th anniversary of the National Day of Mourning for workers killed or hurt by workplace injuries or disease.

The Canadian Labour Congress, who were the authors of this initiative in 1984, have marked this special day with the theme of “Mourn for the Dead, Fight for the Living – Now more than ever!” It is very encouraging to see that this special day is now celebrated around the world from Azerbaijan to Zambia with more involvement being seen each and every year.

The PSAC continues to struggle to create stronger laws and regulations in support of Health & Safety and Hazard Prevention. We hope that the annual observance of this day will strengthen the resolve to establish safer conditions in the workplace for all.

Please join with the PSAC and other labour organizations at Day of Mourning events scheduled in your community.

Resources (all .pdf)

• List of 2008 events in BC, provided by the BC Fed
• Day of Mourning Event poster - Victoria
• Resource Information for 2008 Day of Mourning
• Labour Council Notes for April 28th
• PSAC BC Day of Mourning poster (1.32 MB .pdf)

Canadian Labour Congress Day of Mourning Statement 2008

On April 28, 2008, we mark the 24th anniversary of the National Day of Mourning for workers killed and injured on the job. The National Day of Mourning is an initiative of the Canadian Labour Congress and was started in 1984. It is now celebrated around the world from Azerbaijan to Zambia.

Unfortunately, workplace fatalities continue to grow in Canada. In fact, Canada continues to have one of the highest workplace fatality rates of any OECD country and it is simply unacceptable. In 2006, the Association of Worker’s Compensation Boards of Canada (AWCBC) reported 976 workplace fatalities in Canada compared to 805 workplace fatalities in 1996 – an 18% increase in a ten-year period.

Until three years ago, the workplace was a place where, if you were an employer, you could kill or maim someone with virtual impunity. In 2005, a 23-year-old labourer named Steve L’Ecuyer was crushed to death by a machine at work. Unknown to him, a safety device intended to prevent such an accident had been deliberately disabled for more than a year by his employer, Transpavé Inc.

Until three years ago, it all would have ended with a fine for Transpavé Inc. and the fact that the owners and managers had knowingly caused a man’s death would have been swept under the carpet as just another workplace accident.

But this year, Transpavé was fined $110,000 for being found criminally negligent in the death of Steve L’Ecuyer. It was the first conviction since the Criminal Code was amended in 2004. It now holds employers responsible for health and safety offenses that destroy workers’ lives. The court ruling was the result of a plea bargain arrangement that was cut with the company to secure a guilty plea. The CLC felt the court ruling was not only weak, but that it sent the wrong message to employers that they can still afford to put workers’ lives at risk without personal consequences. It is unfortunate that the Transpavé ruling does little justice to the Westray miners in whose names the law was changed. It certainly offers nothing close to justice for the friends and family of Steve L’Ecuyer.

The Canadian Labour Congress and unions (especially the United Steelworkers), in response to the 1992 Westray mine disaster in Nova Scotia where 26 men were killed as a direct result of employer negligence, fought long and hard to win amendments to the Criminal Code. Not a single criminal conviction resulted until the conviction of Transpavé.

Any workplace death or injury is preventable. Every year we keep repeating our call for better enforcement of existing legislation, but we do not see the action needed. Better enforcement may have saved thousands of lives lost to workplace accidents in the last ten years. Lives that were unnecessarily and unjustly taken would still be with their families, friends and colleagues.

This year’s slogan “Mourn for the Dead, Fight for the Living - Now more than ever” reminds us of what we must do in the hopes of not only preventing and reducing, but eliminating workplace deaths and injuries.

Mobile phones could kill far more people than smoking or asbestos, a study by an award-winning cancer expert has concluded. He says people should avoid using them wherever possible and that governments and the mobile phone industry must take “immediate steps” to reduce exposure to their radiation.

• Discuss in the H&S forums!
• See more Health & Safety related information.

The study, by Dr Vini Khurana, is the most devastating indictment yet published of the health risks.

It draws on growing evidence — exclusively reported in the IoS in October — that using handsets for 10 years or more can double the risk of brain cancer. Cancers take at least a decade to develop, invalidating official safety assurances based on earlier studies which included few, if any, people who had used the phones for that long.

Earlier this year, the French government warned against the use of mobile phones, especially by children. Germany also advises its people to minimise handset use, and the European Environment Agency has called for exposures to be reduced.

Professor Khurana — a top neurosurgeon who has received 14 awards over the past 16 years, has published more than three dozen scientific papers — reviewed more than 100 studies on the effects of mobile phones. He has put the results on a brain surgery website, and a paper based on the research is currently being peer-reviewed for publication in a scientific journal.

He admits that mobiles can save lives in emergencies, but concludes that “there is a significant and increasing body of evidence for a link between mobile phone usage and certain brain tumours”. He believes this will be “definitively proven” in the next decade.

Noting that malignant brain tumours represent “a life-ending diagnosis”, he adds: “We are currently experiencing a reactively unchecked and dangerous situation.” He fears that “unless the industry and governments take immediate and decisive steps”, the incidence of malignant brain tumours and associated death rate will be observed to rise globally within a decade from now, by which time it may be far too late to intervene medically.

“It is anticipated that this danger has far broader public health ramifications than asbestos and smoking,” says Professor Khurana, who told the IoS his assessment is partly based on the fact that three billion people now use the phones worldwide, three times as many as smoke. Smoking kills some five million worldwide each year, and exposure to asbestos is responsible for as many deaths in Britain as road accidents.

Late last week, the Mobile Operators Association dismissed Khurana’s study as “a selective discussion of scientific literature by one individual”. It believes he “does not present a balanced analysis” of the published science, and “reaches opposite conclusions to the WHO and more than 30 other independent expert scientific reviews”.

The Executive Committee of the National Joint Council (NJC) is pleased to announce that it recently accepted the report of the Occupational Health and Safety Committee (OHSC) in regard to the Cyclical Review of the Directive.

This NJC Occupational Health and Safety Directive (OHSD) was developed in partnership by representatives from Federal Public Service Bargaining Agents members of the NJC, the Employer and departments. Its provisions form part of the collective agreements of the participating parties under the By-Laws of the National Joint Council.

The new NJC Occupational Health and Safety Directive is effective April 1, 2008.

Highlights of Changes

On May 16, 2007, the Executive Committee tasked the Occupational Health and Safety (OHS) Committee with the cyclical review of Group A of the Occupational Health and Safety Directive.

Group A includes:

• Part I of the amalgamated directive (Application, Definitions, etc.)
• Part II – Use and Occupancy of Buildings (Permanent Structures)
• Refusal to Work
• Committees and Representatives
• Part XV –Hazardous Occurrence Investigation, Recording and Reporting
• Part XVI – First Aid

The next group cyclical review of the directives of Groups B, C and D should be initiated in the fall of 2008.

Some changes are editorial in nature to facilitate the use and understanding of the Directive: updated reference information, additional definitions, new sequence to enhance clarity and logic, renumbering of subsections to accommodate additions and/or deletions.

Read more at the National Joint Council website. The full text of the directive is also available.