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Occupational Health & Safety

Employer engaged in discriminatory action under Workers Comp Act by placing employee on STIIP, reducing income

Jurisdiction: - British Columbia
Sector: - Health Care

In Emergency and Health Services Commission v. Wheatley, 2010 BCSC 1769, the BC Supreme Court denied the employer's request to quash a decision of the BC Workers' Compensation Appeal Tribunal ("WCAT").

In the decision (WCAT-2008-03840), which was delivered on December 19, 2008,  WCAT found that the Emergency and Health Services Commission (the "Employer") had engaged in discriminatory action under s. 151 of the BC Workers Compensation Act, against one of its employees, Michael Wheatley.

As set out in the court's decision:  read more »

"Anti-Bullying Legislation"

Robyn Durling of the BC Human Rights Coalition prepared a paper on, "Anti-Bullying Legislation", for the Human Rights Conference (Continuing Legal Education Society of British Columbia) in November 2010.

Manitoba introduces new requirements to protect workers from psychological harassment

Jurisdiction: - Manitoba

The Manitoba government has introduced changes to the Workplace, Safety and Health Regulation to protect workers from psychological harassment. The changes will come into force effective February 1, 2011.

According to the government's October 21, 2010 news release and an October 2010 Manitoba SafeWork bulletin (No. 275):

  • Employers must develop a written policy to prevent harassment in the workplace and must make sure that workers follow this policy. In developing the policy, employers must consult the workplace safety and health committee or representative. If there is no committee or representative, the workers must be consulted.
  • "harassment" is defined as:

    (a) objectionable conduct that creates a risk to the health of a worker

  • or

"The Criminalization of Health and Safety Law: Workplace Deaths Leads to Charges"

Ontario lawyer Carl W. Peterson has written a paper on, "The Criminalization of Health and Safety Law: Workplace Deaths Leads to Charges" (June 2010). Mr. Peterson practices at Filion Wakely Thorup Angeletti LLP in Ontario.

The paper addresses Bil C-45 and covers the following topics:  read more »

"Workplace Harassment Investigations Under the (Ontario) Occupational Health and Safety Act"

Jurisdiction: - Ontario

Mary Beth Currie at Bennett Jones LLP in Toronto has written a paper entitled, "Workplace Harassment Investigations Under the Occupational Health and Safety Act" (June 2010).

The paper addresses whether harassment investigation policies developed under the Ontario Human Rights Code will satisfy the requirements of Bill 168, which amends the Ontario Occupational Health and Safety Act.

Portions of this paper were presented at the Ontario Bar Association/Law Society of Upper Canada conference "Workplace Violence and Harassment: Advising Clients on Amendments to Bill 168" held on March 10, 2010.

Tomorrow is annual "Day of Mourning" for workers killed by accidents or occupational diseases

Jurisdiction: - British Columbia

Tomorrow is the annual "Day of Mourning" for workers killed by accidents or occupational diseases. It is sponsored in BC by WorksafeBC, the Business Council of BC and the BC Federation of Labour.

Doug Alley, VP of HR, for the Business Council wrote a piece on the Day of Mourning in Monday's Vancouver Sun ("One death at work is one to many) and the statistics he sets out are sobering: (1) 121 workers lost their lives in 2009 in BC, 61 through work related accidents and 60 through occupational disease; and (2) BC has had an accident rate of three accidents per 100 workers for many years now.

A letter from the BC Federation of Labour, which sets out some of the history on the Day of Mourning, can be found here.

WorkSafeBC's Day of Mourning webpage can be found here.

New resources online concerning Ontario's workplace violence and harassment legislation (Bill 168)

Jurisdiction: - Ontario

The Bill 168 amendments to Ontario's Occupational Health and Safety Act are coming into force on June 15, 2010. The amendments will strengthen protections for workers from workplace violence and address workplace harassment.

The Ontario Ministry of Labour has now published some resources to assist employers in understanding their new obligations and employees in understanding their new rights. The resources are found here.

Steelworkers union launches private prosecution against Weyerhaeuser under Bill C-45 Criminal Code amendments

Jurisdiction: - British Columbia
Sector: - Forestry

The United Steelworkers ("USW") union launched a private prosecution in BC yesterday alleging that Weyerhaeuser Company Ltd. was criminally negligent in the death of sawmill worker Lyle Hewer on November 17, 2004.

The charges are being brought pursuant to the rarely used 2004 Bill C-45 amendments to the Criminal Code, which were introduced after the deaths of 26 Nova Scotia coal miners at the Westray mine in 1992.

The amendments open the door for a corporation to be charged criminally for not meeting its workplace health and safety obligations.

According to the USW news release:

The charge is based on an allegation that Hewer died as a result of injuries incurred at Weyerhaeuser's New West Division sawmill, after following a supervisor's request to work under conditions the employer knew were hazardous. Hewer was taken to the Royal Columbian Hospital in New Westminster where he succumbed to his injuries.  read more »