Every year in British Columbia about 160 workers die on the job. Across Canada there are about 1,000 workplace fatalities annually and well over 300,000 lost-time workplace injuries. Since 2004, that adds up to roughly 6,000 workplace deaths and close to 2,000,000 injuries.

2004 was an important year: it was the year that Bill C45 was enacted. Termed the Westray Act after the horrible mine explosion in Nova Scotia that killed 26 miners in 1994, the new law was 10 years in the making.

Years of lobbying by the United Steelworkers finally convinced all parties in the House of Commons to amend the Criminal Code of Canada to legislate criminal prosecutions of corporate executives, directors and managers whose actions prove willfully negligent in neglecting their responsibilities to make and keep workplaces healthy and safe.

That same year, 2004, also saw a horrific accident at a New Westminster sawmill. Ultimately, the largest ever by WorkSafe BC, just under $300,000, was levied for the death of Lyle Hewer. The police and Worksafe BC both recommended criminal charges, but none was laid. The problem that caused Hewer’s death was fixed after he was killed, at a cost of $30,000 – a small price to pay for the loss of life, especially if you are the CEO of a $10 billion corporation.

With the Westray Act and 6,000 workplace deaths on the books, perhaps you might think there would be a slew of case law on such charges. Well, there isn’t. In fact, there have been only a few charges laid and even fewer convictions. In BC, there have been no prosecutions in six years.

It’s not been for a lack of serious injuries and fatalities. During the period 2004-2008 the Workers’ Compensation Board, now called WorkSafe BC, reported 785 workplace deaths and over 308,500 compensable workplace injuries. By contrast, about 1,500 people a year die in Canada from alcohol-related accidents on roads, recreational vehicles and boats, yet there are over 90,000 drunk-driving convictions per year. This begs the question: why have there not been more criminal prosecutions relating to workplace deaths and injuries? They aren’t all just “accidents”.

Just as was the case with the death of Lyle Hewer, no criminal charges were in connection with the death of 52-year old Ted Gramlich. A logging faller, he bled to death on a Vancouver Island side-hill on November 21, 2005. An inquest found a myriad of safety issues, including a confusing web of corporate contracts that left unattended basic safety standards. That year 42 other forest workers died on the job. Gramlich’s widow says, “If safety were first as they say, he’d be alive today.”

On March 20, 2006, logging truck driver Frank Leroux died on the job. Dozens more logging truck drivers had been killed; a Coroner’s inquest concluded with 17 jury recommendations to improve safety on BC logging roads. Again, no charges have been filed.

Between May 15 and 17, 2006, four workers died at the site of a decommissioned mine in Kimberley. The first to die, Doug Erickson, succumbed to an oxygen-depleted atmosphere. Two days later, his co-worker Bob Newcombe followed; then two BC Paramedics, Kim Weitzel and Shawn Currier, also died at the site. There were press reports, investigations, an inquest, but no criminal charges.

On March 7, 2007, three women farm workers died in a vehicle crash in Abbotsford. On September 5, 2008 in Langley, three mushroom workers were killed on the job, and three more were seriously injured. More reports, investigations, inquests, but no criminal charges.

Some people say these were accidents. Well, accidents are preventable. Managers and company owners are ultimately responsible for ensuring the safety and health of workers and for doing everything they can to help prevent accidents and injuries in the workplace. Criminal charges and, importantly, the threat of criminal charges are a powerful tool in that regard, far more so than fines and penalties from WorkSafe BC.

It’s about time we used the tools at our disposal to stop the killing. It’s time to start enforcing the law. It’s past time that corporations and senior executives were held accountable by the courts for their actions and inactions that put their employees safety at risk. There is far too much unfinished business in the area of workers’ health and safety.

Let’s dust off the Westray Bill and start using it to stop the killing in BC and Canada once and for all.

By Stephen Hunt, Director, United Steelworkers District 3

1. Go through your house, imagining what would happen to each appliance, piece of furniture and section of the structure in case of a quake. Check chimneys, fireplaces and foundations. Note danger zones and items to be removed, repaired or secured.
2. Secure the hot water heater and other appliances so they will not move enough to break natural gas or electrical lines.
3. Rearrange rooms so beds and couches are away from windows, heavy pictures, mirrors and hanging planters.
4. Move items on shelves so heavy items are near the floor.
5. Secure tall furniture so it won’t topple over.
6. Keep flammable liquids and other hazardous materials such as pesticides outside the house, in a garage or shed.
7. Have regular quake drills with your family. Practice going to safer places in each room – under tables or against inside walls. Also point out the danger spots – near windows, hanging items such as mirrors or paintings, fireplaces and high furniture or shelves.
8. Establish a contact telephone number of a reliable relative or friend outside your state or province. If family members are separated by a disaster, they will call this telephone number when phone service is restored.
9. Place a flashlight at each bedside and throughout the house to help you find your way if the earthquake puts out the power.
10. Get in the habit of keeping a pair of shoes beside the bed. This will help you make your way to safety if there is broken glass and other debris.
11. Teach all responsible family members how to shut off the utilities in your home – natural gas, electricity and water.
12. Set up an emergency survival kit and store it someplace easy to find. A clean plastic garbage can with a tight-fitting lid is a good container for your emergency kit. It should include a three-day supply of bottled water, canned food, a can opener, a flashlight, a battery-powered radio with extra batteries, a first aid kit and manual, warm clothing, sturdy shoes, cash including coins, photos of family and friends, three days’ of prescription medicines and extra eyeglasses. Sanitation supplies and special items needed to care for infant, disabled or elderly family members should be included.

Getting stepped on at work

“She loved the work at first, ” a worried husband confides. “But now she drags herself in every day. A couple of people who’ve worked there for years seem to have it in for her. I can’t believe some of their antics. “Is this workplace bullying?” he asks. “And if it is, what can she do about it?”

Bullying is one of the fastest-growing complaints of workplace violence, according to the International Labour Office. It runs the gamut from extreme violence, even murder, to intimidation and snide remarks.

The psychological harassment of a co-worker tends to fall into the latter category. And when two or more people join forces to lie, gossip, criticize and socially isolate a specific employee, the ILO says, it’s called “mobbing” or “ganging up.”

Valerie Cade is a workplace bully expert based in Calgary who consults internationally on the issue. “It’s important to distinguish between workplace bullying and difficult behaviours, ” she cautions. “Bullying is deliberate, disrespectful, repeated malicious behaviour. Bullies really do know what they’re doing. This is the difference. A difficult person is just grouchy and steps on other boundaries in order to get their own needs met. But a bully will actually calculate how to embarrass and demean someone else.

“Bullies often target people who are good at their jobs. Or people who have a high tolerance for dealing with difficult people and won’t fight back, ” says Cade, author of BullyFreeAtWork.com. Left unchecked, workplace bullying tends to influence things like retention, absenteeism as well as health care and disability costs.

“Eighty per cent of the time, the person targeted leaves the company, ” Cade says. “They put up with it too long, until they’re highly stressed and they have to leave because of illness.” If you’re on the receiving end of bully tactics, there are ways to “bull proof” yourself, she says.

Keep a journal or log of specific incidents, noting the time and place. Bullies tend to like an audience so take note, as well, of the people who witness the abusive behaviour.

Try to ensure that you’re never isolated and alone with a bully. This can be particularly difficult when the bully is your boss, Cade acknowledges. “Don’t meet in your boss’s office with the door closed. Use your own office when you can; ask questions in the hallway.”

Stand up for yourself. If someone starts yelling at you or belittling you, say: “That sounds like a put-down to me” or, “I do not appreciate you speaking to me like that.”

If the bullying continues despite your best efforts, take your documentation to someone in authority, even if you have to go over your boss’s head, Cade says.

Only two provinces, Quebec and Saskatchewan, have workplace bullying laws. In Ontario, Bill 168, an amendment to the Occupational Health and Safety Act with respect to workplace violence and harassment, has received first reading and has been referred to the Standing Committee on Social Policy.

If and when Bill 168 becomes law, says Michael Kealy, a litigation lawyer with Moodie Mair Walker in Toronto, Ontario employers will have to be far more vigilant and aware of the psycho-social atmosphere in which their employees work. Increased awareness is a good first step, says Cade. In a workplace community, she says, “stopping workplace bullying is everyone’s responsibility.”

Information and resources: bullyfreeatwork.com

Occupational Health Advice for Federal Departments and Agencies of the Core Public Administration and their Employees – this advisory provides important recommendations for federal employees whose work duties may put them at higher risk of exposure to the H1N1 flu virus. 16 Nov 2009

Occupational Health Advice for Federal Employees Working or Traveling Outside of Canada during the H1N1 Flu Pandemic – this advisory provides advice and guidance for employees working or travelling outside of Canada.

Health Canada has published a series of Frequently Asked Questions regarding H1N1 Flu Virus – Reducing the Spread of Infections and Viruses in the Federal Workplace. These FAQs provide occupational health and safety advice and guidance to help us, as employees, meet our responsibilities in minimizing the spread of the H1N1 virus at work, and in following workplace health procedures.

Additional information from HRSDC on everyone’s responsibilities and rights in the workplace under the Canada Labour Code – Frequently Asked Questions for Employers and Employees specifically in the context of the H1N1 virus

Like all Canadians, public service employees are strongly encouraged to continue to practice good infection-prevention measures to reduce the risk of flu infection and to consult fightflu.ca to stay actively informed about the H1N1 Flu Virus.

This committee shall be comprised of Health & Safety activists from across the British Columbia (BC) Region and chaired by the Health & Safety (H&S) Councilor of the B.C. Regional Council. It is expected that the Alternate BC Regional H&S Councilor will also be a standing member of this committee. The Public Service Alliance of Canada (the PSAC) staff representative to this committee shall be the Regional Representative responsible for H&S.

As this committee is devoted to the inclusion and promotion of Health & Safety, it is expected that the majority of decisions will be by consensus. In the rare event that a vote is required all participants in attendance at the meeting where voting takes place are entitled to vote.

In building this document, the committee took into consideration the strategic goals of the PSAC and ways of integrating them into the mandate and plan.

Read more in the Committee Mandate and Plan (pdf).

Chair: Sam Wiese (Regional Councilor, H&S)

In Attendance: Louise Richard (NAT), Laura Gracie (CEIU), Bob Jackson (AGR), Tracey Shudo (CEIU), Melvin Dureen (USGE), Virginia Vaillancourt (UVAE), Monique Bakker (UEW), Gail Jewsbury ((UEW), Susan Yaciw (UTE), Kelly Megyesi (CEIU), Paul Croes (CEIU), Alice Woods (UCTE), Jim Sidel (DCL), Barry Cunningham (UCTE), Grace McIvor (NHU), Sargy Chima (CEIU) James Little (PSAC, H&S) and Kay Sinclair (REVP BC).

Regrets: Wayne Little (UTE), Leanne Hughes (NAT), Angela Marafon (UTE), Floyd Knelsen (UTE), Anita Hoffman (CEIU), Megan Adam (UEW).

Agenda

1. Review Previous Minutes
2. Terms of Reference
3. Health Canada – Reduction of Service
4. 2009 National H&S Conference
5. Question from the Membership

• Armed Members – Megan Adam
• Medical Leave – Anita Hoffman
• Big Flood – UVAE

6. Ergonomics – Furniture and Equipment
7. H1N1
8. Food Safety
9. Round Table

1. Introduction – Sam

2. Review of Previous Minutes

Members reviewed the previous minutes and there were no additions or amendments required.

3. Terms of Reference

Sam summarized the revisions to the Draft Terms of Reference and opened the floor for discussion. There were no additional amendments suggested. A vote was taken and the members in attendance have passed the Terms of Reference. Copies of the new Terms of Reference will be circulated to the members of the BRUSH and the Regional Council.

4. Health Canada Reduction of Service

Sam reported on the work that she and Wayne Little had accomplished.

Canada Revenue Agency has amended its policy on workplace accommodation and have negotiated the provision of health services (ergonomic and fit to work assessments) with and outside service provider.

Corrections Services Canada in the lower mainland has contracted its air quality and ergonomic services with a company in Langley at a rate of $175.00/hour.

As of September 10, 2009 there is no service being provided at Environment Canada.

We have not heard anything official from the Treasury Board of Canada and our suspicion is that each department will contract their own independent services. We ask that once these contracts begin to appear that members please ensure this information is shared with the BRUSH. We need to look at this issue from an equity perspective and ensure that the members are being serviced in and equitable manner.

5. 2009 National H&S Conference

One of the main purposes of this meeting was to outline the delegate selection process. Kay Sinclair explained the process and criteria as follows:
• Total Delegates = 300
• Regional Delegates (7 delegates x 7 regions = 49 regional delegates)
• Component Delegates (7 delegates x 17 components = 119 component delegates)
• Component Additional Delegates (300 – 19 – 119 = 162 delegates) the 162 additional delegate seats are allocated to the components on a pro-rata/population basis (larger components = larger portion of the 162 additional delegates)
• Observers

672 applications were received and the conference should have room for ~ 50 observers.

Kay Sinclair REVP BC is chairing the steering committee, which is continuing its work on developing the conference objectives and organizing guest speakers. Members were advised that, like previous H&S conferences, we would be holding a BC Caucus at the end of the conference to develop a Regional Action Plan. Delegates and observers will be expected to assist in the development of that plan.

6. Armed Members

A question was raised “What training or education is being offered to non-armed members who work with or near armed members”. Paul Croes provided a detailed analysis of his experiences within Customs and Immigration, and advised that threat risk assessments have been done and it has been determined that their workplaces are unsafe. Many staff have not accepted the new reality of the work place and training these members has created some difficulties. One of the big issues is Officers walking through the office with loaded hand guns. Initially, they are very careful however over time they become less vigilant and at times lazy. This has resulted in an increase in accidental discharges. The officers receive the standard operating procedures training however this training is not offered to the non-armed staff.

We reviewed procedures within differing departments.
• DFO – Has a non-gun personnel policy
• Customs – They have some armed training procedures
• Parks – Unknown at present
• CSC – All the guns are in posts and training has been provided to those in need.
• Coast Guard – Not a problem and all ammunition is held in storage.

TASK – Jim Sam and Melvin will look at current educational programs with-in departments/agencies and review for non-armed learning opportunities.

7. Medical Leave

There appears to be an increase in the number of members being forced to use their annual leave or sick leave to attend medical appointments of a recurring nature. To address this issue we looked at what the current norms within departments and agencies.

For most collective agreements you will not find leave provisions for medical/dental appointments. For Treasury Board and Agency members leave for medical/dental appointment will be found in the employers Leave With Pay Policy and as such, it does not form part of the collective agreement and is therefore not a matter that can be contested at arbitration/adjudication. This being said, the employer does allow member to take time off for medical/dental however, it is at their discretion and based on their respective Leave Without Pay Policies.

It was emphasized that if this becomes a big work place issue, members should consider using the accommodation argument as this could be seen as an attack on persons with disabilities.

8. Ergonomics

“Did you know that any equipment, divice, technical aid, provided to you for the purpose of workplace accommodation can be moved from one Branch to another or from one Department/Agency to another and that the accommodation provided can accompany you throughout your career in the Federal Public Service” – Safety, Emergency and Security management Division (SESMD), Assets Management Directorate (AMD), Corporate Serviced Brach (CSB).

Information regarding the transfer of ergonomic equipment can also be found in the Policy on the Duty to Accommodate Persons with Disabilities in the Federal Public Service.

Both articles will be posted to the BC H&S website

9. H1N1

Question was raised about vaccinations and H1N1 related sick leave.

In regards to employer provided vaccinations (flue shots), it appears that each department/agency has its own policy.

In terms of sanitation, it is widely known that hand washing is the number one means of prevention and that hand sanitizers, although somewhat effective, should only be used when hand washing is not available. In some offices they are putting hand sanitizers in the washrooms and this should be discouraged and hand washing should be encouraged.

Our front line staff is at serious risk and those with deficient immune systems should be encouraged to get vaccinated. Some departments have put in place pandemic plans in case of a serious outbreak.

If you miss work because of the flue, it will not be compensable by Workers Compensation Boards.

Employers may be sending members home or to the doctor if they are sick and we hope that this policy will also apply to all non-unionized workers/managers in the workplace.

10. Food Safety

Bob Jackson reported on some of the more recent successes of the Food Safety First campaign. The federal government recently announced a 75M dollar increase to food safety which will result in a 35 % increase in meat inspectors (70 new inspectors). Although there are still problems some very good results to report from the hard work of the Agriculture Unions campaign

www.foodsafetyfirst.ca

22 members of the Canadian public died from the Listeriosis outbreak.

11. Lightkeepers Campaign

Alice Woods (UCTE – Coast Guard – Lightkeeper) gave everyone a brief on the de-staffing of the east and west coast lighthouses. There is a petition going around and we hope you will join us in supporting this quality public service.

“This campaign is not about jobs its about safety and service”.

Meeting Adjourned

Next Meeting December 16, 2009

Continue reading or download a PDF copy of the Vancouver Area Council Meeting minutes, Sept. 22, 2009

1) AGM Planning

• October 27^th confirmed date. Location, Vancouver RO
• Discussion about putting off proposed educational/speakers until the next meeting in January in order to focus on AGM business.
• AGM agenda will include:
  • Report of Exec
  • Treasurer/Budget
  • Reports of member locals
  • Kay Sinclair and Stephen Dunsmore (to be invited) to speak on local political action and the lightstation issue
  • Will play “spot the public service” game during dinner to show how it works (still have some coffee left for prizes).
  • Elections
  • Other issues as raised/roundtable
• Food will be Indian from Saffron.
• Megan to contact Stephen Dunsmore, Monica to contact Kay Sinclair.

2) January Meeting

• Discussion was had about doing a January educational around Bill C-10, pay equity and the government’s attempt to silence unions. PSAC charter case etc.
• Suggestion to invite David Eby (on charter right to association, speech), Peter Jullian (on pay equity petition and case) and have PSAC rep speak to the charter case.
• Suggestion to hold event at a downtown venue, 5 pm after work, and promote to members and the public.
• Megan to contact Jacquie De Aguayo regarding this proposal to see if the timing would be appropriate. Will also talk to legal representative this week.
• Will ask Sam to speak with Jullian’s office about schedule in January to determine possible dates.

3) Roundtable

4) Adoption of minutes from last meeting.

PSAC is providing two valuable tools for all our health and safety activists in response to the release of the 2009 Spring Report of the Auditor General. The report highlights the government’s widespread failure to comply with key requirements of the Treasury Board’s Standard for Fire Safety Planning and Fire Emergency Organization as well as the Canada Labour Code, Part II.

The Auditor General issued a very troublesome report indicating that the federal government is failing to ensure the safety of thousands of workers and the public by not properly enforcing fire safety rules and regulations.

The first document is entitled: “Tools for Workplace Actions” (pdf) and provides a complete list of all the important players in the field of Fire safety planning and fire emergency organization. The second document is entitled: “Employer Compliance Checklist” (pdf) and should be used to ensure that your employer is in compliance with the law and the Treasury Board Standard. PSAC representatives that are members of workplace health and safety committees, or have been appointed as health and safety representatives, should request from the employer a copy of the Fire Safety Plan.

We hope that these two documents will be of great assistance in pointing out violations in your workplace. We also included tips on how you can seek enforcement of these very important fire safety provisions.

Finally, it would be of great value to our union if we could share and exchange the feedback and the outcome on the usefulness, efficiency and results of utilizing these tools with one another. Please ensure to communicate with Brothers Denis St-Jean and Jeff Bennie, PSAC National Health & Safety Officers on all matters related to this project.

In Solidarity,

Gerry Halabecki
REVP, Ontario
on behalf of the NBoD Standing Committee on Health & Safety