The Chemunicator Winter 2018

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30

YEARS

HIVER 2018

WINTER 2018

LE MAGAZINE DE DISTRIBUTION RESPONSABLE CANADA • THE MAGAZINE OF RESPONSIBLE DISTRIBUTION CANADA

OF PRINT EXCELLENCE

CDN $4.95

SAM REPORT RAPPORT DU SAM

ARE YOU A SAFETY LEADER ÊTES-VOUS UN CHEF DE FILE EN MATIÈRE DE SÉCURITÉ ?

Responsibility Matters

TM

~ La responsabilité, notre priorité

MD



WINTER

2018

V olum e 3 0 , Num ber 3

Chair Patrick Haineault, CCC Vice-Chair Anna Derkach, Di-Corp

FEATURES Report on the 2018 Semi Annual Meeting - C. Wieckowska. . . . . . . . . . . . . . . . . . . . . . .

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The Role of a Competent Supervisor in Health & Safety - L. Bolton. . . . . . . . .

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Water: A Force to be Reckoned With - T. Cheung.......... . . . . . . . . . . . . . . . . . . . . . . . .

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DEPARTMENTS

N O T E S ................................................. . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chairman’s M E S S A G E ............................................ . . . . . . . . . . . . . . . . . . . . . . . . . . .

Mark Your C A L E N D A R S ....................................... . . . . . . . . . . . . . . . . . . . . . . . . . . .

Company N E W S ........ ........................................... . . . . . . . . . . . . . . . . . . . . . . . .

New Affiliate C O M P A N I E S ....................................... . . . . . . . . . . . . . . . . . . . . . . . .

Employee N E W S ........ ........................................... . . . . . . . . . . . . . . . . . . . . . . . .

Regulatory U P D A T E . . ............................................. . . . . . . . . . . . . . . . . . . . . . . . .

President’s P R E S S . . ...... ........................................... . . . . . . . . . . . . . . . . . . . . . . . .

Secretary Treasurer Frank Dempsey, Dempsey Corp. Immediate Past Chair Willy St. Cyr, Univar Canada Ltd. Directors-at-Large Marissa Cutts, Anchem Sales Kathie Taylor, Charles Tennant & Co. Doug Kimmerly, DSN Chemical Transportation Garry Moore, IMCDCA David Luciani, Min-Chem Canada (Past Chair) Ernest De Freitas, Nexeo Solutions Philip Zerr, Quadra President Cathy Campbell | ccampbell@rdcanada.ca

Editor’s

U P D A T E . . ............................................. . . . . . . . . . . . . . . . . . . . . . . . .

Tel.: (905) 332-8777 | www.rdcanada.ca RDC BOARD OF DIRECTORS

Contents

You Be The Chemist ®

1160 Blair Rd, Unit 1 | Burlington, ON | L7M 1K9

4 5

Vice President Catherine Wieckowska | catherine@rdcanada.ca Regional Director Jim Bird | jim@rdcanada.ca Regional Director Dave Saucier | dave@rdcanada.ca

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Editor & Advertising Sales Catherine Wieckowska email: catherine@rdcanada.ca | Tel: (905) 332-8777 Design & Layout VZiON Designs | www.vziondesigns.ca Direct news releases, new product releases, professional staff changes, etc., to the Editor at RDC offices at the address above. The Chemunicator is published 3 times per year.

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Copyright 2018 by Responsible Distribution Canada. All rights reserved. Note: RDC does not approve, endorse or promote, nor does it assume any responsibilities for damages arising from the use of the products, services and technologies mentioned or advertised in the Chemunicator. RDC assumes no liability for errors, omissions or inaccurate information in the articles, advertisements, and/or accuracy of information provided by writers, authors or vendors. Responsible Distribution® is a registered trademark of Responsible Distribution Canada.

You Be The Chemist® is a registered trademark of the Chemical Educational Foundation.


EDITOR’S NOTES

A CHAOTIC & SUCCESSFUL YEAR Catherine Wieckowska Vi ce Pr es i d ent - RDC | DRC Email: catherine@rdcanada.ca

Where did the phrase “the calm before the storm” come from? It’s been around for decades and yet it seems more relevant today than it ever was. Albeit, the calm part isn’t always applicable. Today’s world seems to function at a standard pace of chaos, whether it be social, economical, environmental or dare I say, political? The same can be said of the chemical and ingredient supply chain. It’s been a chaotic year for all of you and as our President says, “when you’re busy, so is the Association.” Personally, I can’t seem to remember a year as busy as 2018, particularly the last quarter. In a short period of time, we managed: • In-house Chemical Supply Chain Management classes, inclusive of new material to stay current with regulations. (Mark your calendars for January 21st – 25th for inclass Semester 3.) • The Tee Off For Kids Golf Tournament. Thank you to everyone who played, sponsored and contributed to the silent auction. • Back-to-back You Be The Chemist Regional Challenges. Read about the Whitehorse, Yukon and North Bay, Ontario competitions on page 10. • The CEPA ICG conference. Thank you to the ICG committee for giving us this opportunity.

• Meetings with the Canadian Food Inspection Agency in hopes of gaining recognition of the Responsible Distribution Code Food Annex. Thank you to the industry representatives that have supported this endeavour and companies Brenntag, IMCD and Quadra. • A strategic review with the Board and Committee Chairs to ensure we continue to meet the needs of the membership. During the session, the group reviewed the member benefits portfolio and discussed future opportunities. Thank you to the affiliate companies who help us in this area. Be sure to read from two of our affiliates: Jones Brown’s article on flood coverage on page 14 and Sherrard Kuzz’s article on the role of a competent health & safety supervisor on page 12. And, all of this occurred while regular business carried on. We have a small team at RDC and I am so grateful to them and the considerable number of volunteers. Because of your remarkable efforts, we have had an extremely successful year. As the year comes to an end, I reflect on all the reasons to be grateful. My family is always at the top of the list. Both of them. My extraordinary family at home and my resilient family at work. I hope the holidays symbolize the “calm” amongst your storm and that you have a moment to reflect on your reasons to be grateful. Cheers,

• Another successful Semi Annual Meeting. For a full report on the conference, please read page 7. • A plethora of initiatives. To 2015 deadline WHMIS 1988,

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Catherine

government meetings and regulatory ensure you are aware of the WHMIS expectations and to learn the history of read the regulatory report on page 20.

Winter 2018


CHAIRMAN’S MESSAGE

ARE YOU A SAFETY LEADER? Patr i ck Hai neaul t, CCC Chai r, Res p ons ib l e Distribu tion Can ada Email: chair@rdcanada.ca

I have been doing a lot of thinking recently about Leadership and Safety. Driven by a personal experience at home, I learned a lot about myself. I looked back at the event and my personal behaviours at the time and the mindset in which I managed it. While I gave it my best, I recognized I could have done better. I realised an essential part... Safety is us, not the other way. Safety is not a one-way conversation but a two-way dialogue always. Safety is not just about managing a physical outcome, but also an emotional impact. Safety is about slowing down the pace and making sure chaos surrounding an event is gently moved out of the way. Being a safety leader is not a title but a way of life, at home and at work. It is about taking care of each other. When I think of Responsible Distribution leadership, I continue to realize how much more it is (not only product handling and site safety). It is a way of life, it is evolving and strategic at the same time. As an association we are “one” because of RD. Always a two-way dialogue. Responsible Distribution is not only the foundation of RDC, but it is our north star too. It’s the emotion as well. It guides the board, the committees and the staff to ensure right decisions occur day in and day out. Frankly, it just keeps amazing me! In times of rapid changes in an industry of continued company consolidations, the board recently did an in-depth strategic review of our strategy and business plan. Clearly this is impacting us at two primary levels: financial and people. Our governance role as a board is to ensure we put the right priorities in place, so the association can remain strong and

Volunteer Appreciation January 30, 2019 Dave & Busters Oakville Annual General Meeting June 4 – 6, 2019 Hilton Saint John, NB YBTC Golf Tournament September 17, 2019 Semi Annual Meeting November 6, 2019

Board of Directors January 30 | Burlington, ON March 20 | Teleconference June 4 | Saint John, NB September 17 | Brampton, ON November 5 | SAM Code Committee January 31 April 16 | Joint Meeting June 13 September 13 November 28

A ll m eet i ngs hel d at RDC Head Office, u n less o th er wise n o ted . 9 :00am C of f ee & N et worki n g , 9 :3 0 am Meetin g Beg in s.

The Chemunicator

sustainable for years to come. One outcome became clear, Responsible Distribution provides the opportunities to help us create a new path for sustainable growth. Once again, we were reminded during the strategic session that RD is our core competency and competitive advantage at the same time. There is more to come on this topic and we will need your help and support as we put a robust plan in place for RDC to successfully navigate the future. I wanted to take a moment to thank everyone that participated and attended the semi-annual meeting. Year after year, the Semi-Annual Meeting continues to be our best kept secret from a money and value perspective. The agenda is real and current. The speakers are amazing and most importantly the room is engaged by sharing through questions and comments. It truly is an amazing display of two-way dialogue. Probably very unique. Following the strategic session, we were thrilled to welcome three new directors to the Board: Doug Kimmerly of DSN Chemical Transportation, Garry Moore of IMCDCA and Ernest de Freitas of Nexeo Solutions. Lars Schneider who will no longer be on the board, promises to stay active through engagement on special projects. RDC is grateful for his thought-provoking input. I wish you all a safe and relaxing holiday, Patrick

Montreal Chapter April 10 September 18 December 4 RAC Dates: February 5 April 16 | Joint Meeting June 18 August 6 | Teleconference October 15, 2019 December 3, 2019

Rising Industry Leaders February 27 September 24 SOC Dates: February 6 April 16 | Joint Meeting June 12 September 11 November 27

Western Chapter February 14 | Vancouver April 11 | Edmonton June 20 | Vancouver September 19 | Edmonton YBTC Dates: January 28 | Teleconference May 13 September 23 | Teleconference November 25

Mark Your

C A L E N D A R S Winter 2018 | 5


MOT DU PRÉSIDENT DU CONSEIL

ÊTES-VOUS UN CHEF DE FILE EN MATIÈRE DE SÉCURITÉ ? Patr i ck Hai neaul t, CCC Pr és i d ent d e RDC | DRC Courriel: chair@rdcanada.ca

J’ai beaucoup réfléchi récemment au leadership et à la sécurité. Motivé par une expérience vécue à la maison, j’ai beaucoup appris sur moi-même. J’ai jeté un regard rétrospectif sur l’événement, sur mes comportements à ce moment et sur l’état d’esprit dans lequel je l’ai géré. Bien que j’aie fait de mon mieux, j’ai reconnu que j’aurais pu agir différemment. J’ai réalisé une partie essentielle… La sécurité, c’est nous, pas l’inverse. Elle n’est pas une conversation à sens unique, mais toujours un dialogue. La sécurité n’est pas seulement la gestion d’un résultat physique, mais aussi d’un impact émotionnel. Celle-ci consiste à ralentir le rythme et à s’assurer que le chaos entourant un événement s’éloigne en douceur. Être un leader en matière de sécurité n’est pas un titre, mais un mode de vie, à la maison et au travail. Il s’agit de prendre soin les uns des autres. Quand je pense au leadership de la distribution responsable, je continue de réaliser à quel point c’est encore plus englobant (ce n’est pas seulement la manipulation des produits et la sécurité sur le site). C’est un mode de vie, à la fois évolutif et stratégique. En tant qu’association, nous sommes « un tout », grâce à la DR. Toujours un dialogue à double sens. La distribution responsable n’est pas seulement le fondement de DRC, c’est aussi notre étoile du Nord, c’est l’émotion. Il guide le conseil d’administration, les comités et le personnel pour s’assurer que les bonnes décisions sont prises jour après jour. Franchement, ça continue de m’étonner ! En période de changements rapides dans un secteur où les regroupements d’entreprises se poursuivent, le conseil a récemment procédé à un examen stratégique approfondi de notre ligne de conduite et de notre plan d’affaires. De toute évidence, cela a une incidence sur nous à deux niveaux primaires : les finances et les ressources humaines. Notre rôle de gouvernance en tant que conseil d’administration est de nous assurer que nous mettons en place les bonnes

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priorités afin que l’association puisse demeurer forte et assurer la pérennité pour les années à venir. L’un des résultats est devenu clair : la distribution responsable nous offre la possibilité de nous aider à créer une nouvelle voie pour une croissance durable. Une fois de plus, on nous a rappelé au cours de la séance stratégique que le développement des ressources humaines est à la fois notre compétence de base et notre avantage concurrentiel. Nous aurons besoin de votre aide et de votre soutien alors que nous mettons en place un plan solide pour que DRC puisse naviguer avec succès dans l’avenir. J’aimerais prendre un moment pour remercier tous ceux qui ont participé et assisté à la réunion semestrielle. Année après année, cette rencontre continue d’être notre secret le mieux gardé, d’un point de vue de coût-bénéfice. L’ordre du jour est réel et d’actualité. Les conférenciers y sont remarquables et, le plus important, c’est que la salle est animée par des questions et des commentaires. Il s’agit vraiment d’une démonstration étonnante de dialogue bidirectionnel. Probablement très unique. À la suite de la séance stratégique, nous sommes ravis d’accueillir trois nouveaux administrateurs au sein du conseil : Doug Kimmerly de DSN Chemical Transportation, Garry Moore de IMCDCA et Ernest de Freitas de Nexeo Solutions. Lars Schneider, qui ne siégera plus au conseil d’administration, promet de demeurer actif en participant à des projets spéciaux. DRC est reconnaissante de sa contribution qui suscite la réflexion. Je vous souhaite à tous des vacances reposantes et en toute sécurité Patrick

Winter 2018


SAM

REPORT

IT’S ABOUT TIME. By: Cath e rin e Wie c kowska, Vic e Pres i dent

On November 7th, 2018, 97 representatives from the chemical and ingredient supply chain met at the Oakville Conference Center to learn, share and network at the Semi Annual Meeting. As Cathy Campbell, President of RDC, stated “this was the best one ever!” From the speakers through to the level of enthusiasm of the attendees, the conference was a tremendous success. Frank Dempsey, Secretary Treasurer on RDC’s Board of Directors (Dempsey Corp.) began the day with a welcome address and introduction of the keynote speaker, Dr. Nick Bontis. Nick proved to be an excellent kick off to the day because his energy ignited the room. Nick expressed the importance of “unlearning” bad habits and suggested that everyone should prepare for the future by: preparing for information bombardment, treat training as an investment (not a cost), look for opportunities to learn, be mindful of of tech tools, and to look for ways to improve your knowledge absorption rate. Nick’s animated stories, audience interaction and take away resource, certainly awarded him with high praise from those in attendance. Following Dr. Bontis, we were grateful to hear from Allison Araneta from Public Safety Canada who spoke about the National cyber security strategy. Constable Pat Martin of Halton Regional Police Service and Constable Mike Hinsperger of Waterloo Regional Police Service shared results from commercial motor vehicle inspections in Ontario and strongly conveyed the importance of safety on the road. Because of the work completed by Constable Martin and Constable Hinsperger and their colleagues, 19.97 crashes were avoided for every 1,000 inspections conducted in 2017. Following the networking break, the Regulatory Affairs panel presented, featuring Michel Lortie of Health Canada, Joelle Pinsonnault Cooper of ECCC, Catherine Graham of CCC and Dave Saucier of RDC. The panel offered an open floor forum, which engaged the audience and allowed for questions related to the unpleasant surprise that your company is out of compliance. Catherine highlighted a SWOT analysis on the Safe Foods For Canadians regs. Dr. Nick Bontis, Keynote seen here with Cathy Campbell, RDC President.

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Winter 2018 | 7


An honourary tribute was given to those who currently serve and veterans in attendance. The audience was asked to recognize the significant acts of giving by applauding for the six. The audience jumped to their feet to honour these individuals. Perhaps one of the most influential presentations of the day came from Constable Gregory Boltyansky of Toronto Police Service who touched on the need for proper preparedness in an active attacker scenario. Constable Boltyansky provided the audience with real stories from around the world, including disturbing online footage of video games that may encourage violence. Gregory’s message of needing to be aware and ready for moments of violent acts was delivered (and received) very well. Bob Presner & Lola Rasminksy of Beyond the Box opened the afternoon with lots of laughs, great discussions and self reflecting exercises, with the ultimate goal of inspiring the group to build trust amongst their teams. Bob and Lola’s message of listening to colleagues and truly being open to new ideas was motivating. Bringing us back to the key issues of the supply chain was John Harrison of CPC Logistics and Immediate Past Chair of Private Motor Truck Council

of Canada. John spoke to the need for ELDs to improve road safety, save time and efficiency of paperwork, improve compliance with regulations and reduce violations that result in out of service time. Closing the speaker session were two presentations that offered the audience resource support. Paul Broome of Chemformation provided a live demonstration of their software that assists chemical distributors with quickly sourcing technical information on chemical products. Zoran Grabovac of the Ontario Investment Office spoke on the governments commitment to bringing business back to Ontario and the programs available to companies who are growing their business. The afternoon session concluded with RD verification certificates. Congratulations to Andicor Specialty Chemicals Inc., CCC Chemical Distribution, Chemiqa ULC, Chemsynergy Inc., Northspec Chemicals Corporation, Panther Industries, Primemax Energy Inc. and Univar Canada. Also receiving awards were the Chemical Supply Chain Management Program Diploma recipients. Congratulations to Marla Leightizer and Carla Newcombe of Alpha Chemical Ltd. (Semester 1), Jennifer Bowman of Cambrian Solutions (Semester 2), Chris Gilliss of Charles Tennant & Co. (Semester 2) and Laurent Desfontaines of EMCO-Inortech (Semester 2).

In recognition of Remembrance Day, the audience applauded those who serve or previously served.

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Winter 2018


SEMI ANNUAL MEETING

REPORT

Dinner began with a presentation to the Oakville Share Food Bank. The Association gave a financial donation and two full bins of non-perishable goods. During the presentation, Peter Jobling of Cambrian Solutions added to the Association donation and challenged the group to meet his contribution. Thank you to Azelis, A.S. Paterson, Cambrian Solutions, CCC Industrial, IMCD, PDI Bulk and Win Chemicals for helping us raise $1,800.00 to provide food to those in need. Following the donation presentation, MPP Stephen Crawford addressed the group. MPP Crawford who is the acting Chair, Standing Committee on Finance and Economic Affairs shared views on the importance of making Ontario “open for business.” He expressed his commitment to listening to the concerns of the industry and to make every effort to work collaboratively with the chemical and ingredient supply chain. Closing the night, was a thank you message from conference Chair, Frank Demspey “your TIME is important and we thank you for attending the Semi-Annual Meeting. Your participation is crucial to the success of our conferences.”

MPP Crawford joins Patrick Haineault and Cathy Campbell to present Nancy Broomberg, President of Share Food Bank with monetary donation.

initiatives. A special note of thanks to our 2018 SAM sponsors: DSN Chemical Transportation, Valleytank, Di-Corp, ICC Compliance Center, Toronto North CAER and Tandet.

On behalf of the Association, thank you to the conference planning team, the OCC, and to the member and affiliate companies who continue to support our events and

Beyond The Box has the group take the largest selfie in Association history!

The Chemunicator

SAI Global, along with Patrick Haineault of CCC and RDC Chairman awarded 8 companies with their verification certificates.

Winter 2018 | 9


Live demos at Nipissing University

A MESSAGE FROM YOU BE THE CHEMIST CANADA CHAIR By: Rosanna Aurello, Quadra

GREETINGS FROM YBTC CANADA! I noted that the RDC Semi Annual Meeting theme was “It’s About Time”. As the end of the year approaches, we need to take inventory of our time and the many accomplishments achieved. We all need to reflect on the past year and ensure that we focus on what’s important. Time goes by very quickly... Year 2000 was almost 19 years ago! Of course, the time has finally come where we can say that Canada has hosted our 10th You Be The Chemist Canada Challenge. This is a tremendous milestone for Canada and the YBTC committee is very proud of the impact we have made across Ontario in Stratford, Barrie, Toronto, Guelph, North Bay and Montreal, QC, Winnipeg, MB and Whitehorse, YT. And, now we are on our way to Saskatoon, SK in 2019! We were pleased to have 26 student participants, Mayor Al McDonald and support from the Nipissing University chemistry department in North Bay, Ontario. The Kwanlin Dün Cultural Centre was an extraordinary venue to host 35 student competitors, Mayor Dan Curtis and the many guests in attendance at the Whitehorse, Yukon Challenge. Although we did not have the chance to see the Northern Lights, we were lucky enough to offer chemistry-to-go-kits to each participant which increased the reach of YBTC in many school and indigenous communities.

participate in numerous outreach initiatives. Being a part of community & industry events and by communicating our efforts with government, we have successfully grown our reach to 2,900 classrooms across Canada. By empowering educators with the online, bilingual, curriculum mapped, SAFE lesson plans, teachers can excite and inspire their students to take an interest in science. With the help of donators and volunteers, we have successfully impacted over 85,000 students. That’s 85,000+ more innovators and STEM leaders in Canada! On behalf of YBTC Canada, we wish to sincerely thank all our YBTC supporters and volunteers. We are very grateful to NSERC PromoScience for believing in YBTC and providing financial support for our 2018 Challenges. A special thank you to the YBTC volunteers for their ongoing passion, dedication and involvement. Thank you to our technical collaborator, Turning Technologies. And, thanks to all the industry supporters who continue to attend the Annual Tee Off For Kids Golf Tournament. 100% of the funds raised at the tournament, directly impact the efforts made on the program. With your contributions and involvement, we have been privileged to bring chemistry to MANY classrooms, completed 10 Regional Challenges and offered over 100 chemistry-to-go kits to schools in need. If you wish to donate to YBTC Canada and help us inspire tomorrow’s STEM leaders or bring a Challenge to your area, please contact the Responsible Distribution Canada head office.

The committee continues to look for ways to broaden the scope of YBTC. In addition to offering the program free of charge, we Ru

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Wishing you all the best for 2019! Rosanna

Winter 2018


youbethechemist.ca In Partnership with the Chemical Educational Foundation (CEF)

Mayor Dan

2018 Tee Of

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audience in

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100+

Chemistry-Bins delivered to Teachers

2,900+

Classrooms Reached

85,000+ Students Impacted

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Regional Challenges

Students from Whitehorse, Yukon at Kwanlin DĂźn Cultural Centre

The Chemunicator

Winter 2018 | 11


DUE DILIGENCE AND THE ROLE OF A COMPETENT SUPERVISOR IN HEALTH AND SAFETY By: Lisa Bolton | SHERRARD KUZZ LLP

Many employers spend considerable time and money developing and maintaining a workplace health and safety program. Programs typically focus on identifying and addressing workplace hazards, implementing safe work procedures and providing health and safety training for workers. But is this enough to demonstrate compliance with an employer’s general due diligence obligation under the Ontario Occupational Health and Safety Act (the “OHSA”) to take “every precaution reasonable in the circumstances for the protection of a worker”? The answer is ‘no, taking “every reasonable precaution” also requires competent supervision.

“COMPETENT” SUPERVISION One of the most important responsibilities of a supervisor is to monitor and enforce health and safety protocols and practices. Competent supervision requires consistent, deliberate observation, monitoring, communication and correction. A supervisor should be present at a workplace or job site often enough to give direction, oversee work performed, identify hazards and unsafe work practices, and have the authority to take immediate corrective action. This can present a challenge for workers required to travel or perform work at different locations. Thus, remote monitoring methods may help supplement direct supervision. The role of a supervisor has become even more important in light of a recent decision of the Court of Appeal for Ontario. In that decision, the court held it is possible for an employer to violate the general duty under the OHSA to take every precaution reasonable for the protection of a worker even if the employer complies with all relevant regulations under the OHSA. That means due diligence may require an employer to go beyond any applicable safety requirements in the regulations and implement additional safeguards to demonstrate compliance with the general obligation to take every precaution reasonable in the circumstances. The role of a competent onsite supervisor is therefore critical to ensure any additional safeguards are identified and implemented even if all regulatory requirements are met.

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PRACTICAL TIPS FOR EMPLOYERS The meaning of every precaution reasonable will differ from workplace to workplace and depend on the nature of the work performed. That said, the following best practices can help ensure competent supervision in most workplaces: • Train: Every supervisor should have all required certifications and be trained to understand and implement the workplace’s health and safety policies and programs. • Observe: The supervisor’s duties should include regular, consistent and systematic observation of the workplace and workers to ensure health and safety compliance. This should include random spot checks. A supervisor should not be so busy with other workplace responsibilities that he/she is unable to appropriately ‘supervise’ workers. Nor should supervision be ad hoc or sporadic. • Keep Records: A supervisor should keep a daily log or notes detailing his/her observations and any remedial or follow-up steps taken with workers to ensure compliance. • Communicate: A supervisor should regularly and consistently communicate with workers, other supervisors and senior managers to identify issues and ensure prompt safety compliance. • Enforce: Together with the employer, a supervisor should consistently and transparently enforce all health and safety requirements including imposing discipline for a health and safety infraction. • Hold Supervisors Accountable: Health and safety should be a key deliverable for every supervisor and considered when evaluating supervisor performance.

Winter 2018


To learn more and for assistance with any health and safety matter contact Sherrard Kuzz LLP. Lisa Bolton is a lawyer with Sherrard Kuzz LLP, one of Canada’s leading employment and labour law firms, representing management. Lisa can be reached at 416.603.0700 (Main), 416.420.0738 (24 Hour) or by visiting www.sherrardkuzz.com. The information contained in this presentation/article is provided for general information purposes only and does not constitute legal or other professional advice, nor does accessing this information create a lawyer-client relationship. This article is current as of November 2018 and applies only to Ontario, Canada, or such other laws of Canada as expressly indicated. Information about the law is checked for legal accuracy as at the date the presentation/article is prepared, but may become outdated as laws or policies change. For clarification or for legal or other professional assistance please contact Sherrard Kuzz LLP. Ontario (Labour) v. Quinton Steel (Wellington) Limited, 2017 ONCA 1006 Sherrard Kuzz LLP, Employment & Labour Lawyers Due Diligence and the Role of a Supervisor in Occupational Health and Safety - Current as of November 2018

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Winter 2018 | 13


By: Tanya Cheung | Jones Brown

water

A FORCE TO BE RECKONED WITH

While we focus on protecting our home from thieves and pests, the biggest threat in your home is water. As the driving force of all nature, water is also the reason to a majority of home insurance claims. In the past few years, water damage claims have risen to become 50% of all home insurance claims. Homeowners commonly mistaken that all water damage is covered under their insurance policy. When it comes to insurance claims, water damage is categorized by the source, cause, and level of threat. Depending on your location and climate, it is helpful to understand the different types of water damage that can wreak havoc on your home and wallet. Flooding is a sudden or accidental discharge of water in your home that can result from water line breaks in your home. Overland Water refers to the water overflow onto dry land from a body of water, causing damage to homes and cars. Sewer water, coined as “dirty water”, is water coming into your home from pipes, drains, septic tank, eaves trough, or down sprouts. This can typically happen from heavy rain or melting snow.

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So what now? While we cannot control the unpredictable weather, there are several preventative measures to adopt. Understanding that there are different types of water damage, maintaining the exterior of your home is just as important as the interior. Here are a few tips we tell our clients: • Check your hose for kinks and cracks when you do laundry. Replace your washing machine hose every five years with a high-pressure hose. • Be mindful of any signs of leakage near your water heater and other appliances. Hire a technician to periodically run quality assurance checks to ensure they are in working order. • If you move your fridge to clean, ensure you do not overextend the icemaker line. • Make a conscious effort to inspect your refrigerator, dishwasher, and outdoor taps for leaks and crimps. • Clean and maintain gutters and downspouts.

While insurance can help provide ease of mind, it is important to understand how much you are covered.

Winter 2018


If you are located in an area that is prone to flooding from heavy rain and clogged drains, consider higher limits. Burlington homeowners learned their lesson in August 2014 when they experienced extreme rainfall that led to the worst flooding in 20 years. The city experienced almost two months worth of rain in eight hours, which led to flooding in over 2,300 homes causing $90 million in insured damage. “We have heard of situations where the sewer back up limit was limited to $10,000. This low limit will barely cover cleaning costs. Clients need to take into account cost of replacing their furnace, water tank, personal belongings stored in basements and not to mention if the basement is finished, a low sewer back up limit will

have them severely underinsured”, Anna Malec, from Pearson Dunn Insurance, a Jones Brown company explains. If you are a collector with high valued items, consider a higher limit so your insurance covers restoration or the cost replacing your prized collection. Water damage can be catastrophic. Ensure peace of mind this winter season by going through your maintenance checklist and speak with your insurance broker to ensure your policy is water tight.

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ISTA 6-FedEx-A tested Greater dent and label damage protection Quick & easy assembly Recyclable box and inserts Higher maximum allowable weight QR code on box links to packing instructions Convenient tape lines for accuracy Interchangeable inserts – quart / liter cans

Third-party tested (IATA, 49 CFR, IMDG, TDG requirements) New design provides greater protection at higher weights Quick & easy assembly Recyclable box and molded pulp inserts Higher maximum allowable weight QR code on box links to packing instructions Convenient tape lines for accuracy Lighter weight and smaller outer box dimensions Quick & Easy Assembly

1

1 x 1 Quart 2 x 1 Quart 4 x 1 Quart

1 x 1 Liter 2 x 1 Liter 4 x 1 Liter

1 x 1 Gallon 2 x 1 Gallon 4 x 1 Gallon

1 x 1 Liter 2 x 1 Liter 4 x 1 Liter 6 x 1 Liter

2

3

4

5

6

All of our glass and plastic bottles, 1 liter capacity and smaller, are compatible with Securepacc™ 4GV kits

For more information call 888.977.4834 www.thecompliancecenter.com/rdc

The Chemunicator

Winter 2018 | 15


Company N DATACOR CELEBRATES 25 YEARS OF INTERAXIONS Datacor, Inc., the leading developer and providers of Enterprise Resource Planning (ERP) and Customer Relationship Management (CRM) for Chemical Distributors and Process Manufacturers, will be celebrating the 25th year of their annual user conference, InterAXions, on May 14 – 17, 2019 in Florham Park, New Jersey. InterAXions gathers almost 300 Chempax and eChempax users for three days of in-depth education programs, peer networking and social activities, and the ever valuable 1:1 sessions with the Datacor experts. Participants will gain a better understanding of the capabilities and power of Chempax and eChempax to leverage immediate and long-term benefits. In addition, this conference opens discussions surrounding the new features introduced as well as allows participants to provide feedback on the design and direction of future product development. “InterAXions is a highly rewarding educational and networking experience for all,” said Tom Jackson, President of Datacor, Inc. “This conference gives our customers the opportunity to learn techniques that will immediately make them more effective in their jobs. At the same time, this event provides great networking and idea sharing opportunities with members of the Datacor community.”

DSN BECOMES THE FIRST 3PL TO BE RD CANADA VERIFIED

On May 28th, 2018, DSN was honoured to receive our RD Canada Verification Certificate of Recognition. We are the first 3PL (Third Party Logistics) company to achieve this certification as well as being the first non-traditional chemical company to do so. DSN’s adherence to the Principles of Responsible Distribution has shaped our internal processes since our inception, it has always defined how we do business. We believe that we are unique in the 3PL industry particularly with respect to our rigorous vetting and monitoring of carrier qualifications. Since we use only those carriers which meet our extensive RD standards, this mitigates the risk associated with transporting chemicals and provides a significant service to our customers. Now that we hold RD cerification, chemical companies who partner with DSN are even further assured that their freight is moving according to the Code of Practice for Responsible Distribution. 2018 has been a year for hitting milestones at DSN. On August 15th, 2018 we celebrated our 30th anniversary in business. DSN began serving the needs of the chemical industry in 1988

16 | The Chemunicator

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and we are very proud to have many of those original customers still doing business with us today.

DEMPSEY ANNOUNCES THE CREATION OF NEW PARTNERSHIPS WITH SEVERAL COMPANIES As of November1st 2018, Dempsey Corporation is representing Himadri Carbon Black Pigment from India. Himadri is one of the world’s leading speciality carbon chemical companies, with an unmatched product portfolio, cutting- edge research and best-inclass technical capabilities. Dempsey Corporation has also entered into an agreement on November 1st, 2018 with the Thiele Kaolin Company (www. thielekaolin.com) to sell their products throughout Canada. Based in Georgia USA, Thiele Kaolin Company is one of the world’s leading sources for processed minerals, delivering a wide range of kaolin and silica products. Having represented for decades many quality suppliers of corrosion inhibiting pigments, Dempsey Corporation will be representing exclusively Invotec LLC (www.invotecllc.com) products in Canada as of December 1st, 2018. Invotec LLC is USA supplier of corrosion inhibiting pigments, speciality inhibitors, and chemical specialties.

FORTIGO IN 2018 EARNED HONOURS AT THIS YEAR’S TOP FLEET EMPLOYER OF DISTINCTION PROGRAM Congratulations to Fortigo Freight Services for receiving the Top Fleet Employer of 2018. The Top Fleet Employers Distinction Program is a national program which recognizes the importance of having sound HR policies and practices in the trucking industry. It recognizes fleets that offer the best workplaces in Canada’s trucking industry, as reflected in the broad range of human resources policies and programs that they have in place. Top Fleet Employer is not a competition — it’s a recognition of meeting HR standards of excellence. The Top Fleet Employer program is open to fleets of every size. A panel of trucking industry experts and a Certified Human Resource Professional (CHRP) validated the Top Fleet Employer Program’s rating criteria. The rating criteria reflect Canadian human resources issues, trends and working environments, and Trucking HR Canada’s standards of excellence.

Winter 2018


Company N

E W S

BC TRANSCAER ON SEPTEMBER 26, 2018 IN TAYLOR, BC.

NewA F F I L I A T E S TRANSCOURT TANK LEASING

Founded in 1997, Transcourt Tank Leasing has grown to become one of the most recognized suppliers of liquid bulk tanker trailers in the chemical industry. The company has a large presence throughout North America with pick-up locations in Houston, Chicago, Toronto, Montreal, Edmonton Calgary & Moncton with its head office located in Oakville, Ontario. Serving all facets of the liquid and dry bulk industries, over the last few years the company has been focusing much of its efforts and procurement toward the Chemical Industry. Transcourt has enjoyed success in this market and has been working alongside members of the RDC for some time now. “It was a natural progression to join and become an Affiliate Member of RDC” says President Bruce Daccord “since a large portion of our growth has come from working alongside members of the RDC and providing tank trailer solutions”.

The Chemunicator

Transcourt is consistently ordering tank trailer equipment from all the trailer manufacturers to keep its buying power strong. From coded stainless-steel trailers and FRP units in a multitude of axle configurations, Transcourt looks to keep in stock the right equipment to serve the chemical industry ‘s needs. Whether it be for medium term, long term operating leases or lease to own, they’ll work with customers to provide solutions that best suit individual requirements. With continuing growth in the chemical industry and so many different chemical products now available, custom tank trailers are the norm rather than the exception. Consider Transcourt as a tank specification resource, able to provide tank trailers custom ordered to your specifications. The company prides itself on being approachable and seamless to do business with. Transcourt would welcome you to explore their website to better acquaint yourself with the company and their services. www.transcourt.com

Winter 2018 | 17


EmployeeN E W S CRESTCOM EXTENDS COVERAGE IN ONTARIO

Certified Dangerous Goods Professional (CDGP) accreditation and has been a keynote speaker at several TDG conferences worldwide. His experience will enhance ICC’s current training offerings, consulting and audits, while building on opportunities to expand services available to clients.

Mike & Vickey Gibson, Managing Partners Crestcom Eastern Canada have grown their franchise team in Ontario. The latest additions are Trevor Hains, Mike Houle and Steve Leslie. These additions now complete the open points Crestcom had in Ontario. Mike & Vickey will now focus on filling open points in Quebec and the Maritimes in 2019.

NEW FACES AT DEMPSEY CORPORATION

Curtis Chmilar joined Dempsey Corporation in September 2018, and is an industrial technical sales representative based in Calgary. He has a Bachelor of Science degree, and has extensive sales experience in the Oil & Gas industry; including the selling of petrochemicals, oilfield, water treatment and speciality chemicals. He will be helping Dempsey Corporation expand its presence in the Western Canada Oil & Gas market. Joe Quach joined Dempsey Corporation on November 19th 2018 as an industrial technical sales representative based in Toronto. Joe has a Bachelor of Science degree, and extensive technical and sales experience servicing the paint & coatings markets. He was previously the Account Manager for Axalta (DuPont) at the Honda Alliston plant. Julieth Hernandez has been promoted to Industrial technical sales representative based in Montreal. She has a Bachelor of Science degree and has been with Dempsey Corporation for 4 years as a lab assistant in our company’s R&D facility in Montreal. We are thrilled to see her provide our Quebec customers with value added solutions.

ICC CONTINUES TO BUILD A STRONG REGULATORY TEAM Pierre Boies joins ICC Compliance Center in the role of Regulatory Specialist adding to a team already with 200+ years of combined technical experience. Based out of our Dorval, QC office, Pierre brings more than 19 years of dangerous goods experience to our clients in Quebec, and across North America. Pierre holds the

18 | The Chemunicator

FORTIGO’S PRESIDENT NAMED AS ONE OF CANADA’S TOP 40 UNDER 40 Canada’s Top 40 Under 40™ is an annual recognition of the exceptional achievements of 40 outstanding Canadians under the age of 40. The program is supported by several prominent organizations all enthusiastically committed to Top 40’s success, including: Founder and Managing Partner Caldwell; Presenting Partner MNP LLP; National Partner Gluskin Sheff + Associates Inc.; Media Partners BNN Bloomberg and National Post; Travel Partner WestJet; Research Partner Caliper; and, Leadership Forum Partner Toronto Region Board of Trade; with fact checking and verification by Inline Reference Check. Elias and his peers were selected from over 800 nominees by an independent Advisory Board, comprising more than 20 business leaders from across Canada. Honourees were chosen on four key criteria: Vision & Innovation, Leadership, Impact & Influence and Social Responsibility. Fortigo is lead by its president and CEO Elias Demangos, who is the entrepreneurial leader behind the spectacular success story of Fortigo which, in a few short years, has become one of Canada’s fastest growing supply chain & logistics providers and a major player in the dedicated outsourced fleet market. In 2007, he founded Fortigo, a service provider to Fortune 500 customers through the use of talented professionals, specialized equipment and robust technology, while still completing his degree at the renowned Schulich School of Business and has led its unique growth trajectory ever since. Elias speaks frequently to students about Supply Chain and Entrepreneurship and is an active participant on industry trend panels and was awarded “Top 20 under 40” by Today’s Trucking Magazine. He is actively involved with the Hellenic Home of the Aged, a non-profit organization which is dedicated to providing exceptional quality care and services to the seniors in our community. Elias sits on the Board of The Country Day School Alumni Association and The Hellenic Heritage Foundation.

Winter 2018


EmployeeN E W S FURTHER EXPANSION FOR TRANSCOURT WITH ADDITION OF ACCOUNT MANAGER

INTERTEK IS EXCITED TO ANNOUNCE THE RECENT HIRE OF DAN BASTIEN Dan has over 25 years of experience working within the Canadian government and now serves as Associate Director of the Chemicals Group. In this role, he delivers business development expertise, expert advice and direction to clients who seek support in understanding and complying with a wide variety of global chemical control legislation and regulatory initiatives. He works closely with the Chemicals team of regulatory and scientific experts who help clients address challenging regulatory climates and demanding marketplaces, in a timely and cost-effective manner, by successfully using surrogate data, estimation methods, or waiver requests, to meet complex requirements for physical-chemical and toxicological information prescribed under a variety of new chemical and existing chemical notification and assessment programs. This new addition to the Chemicals Group allows our team of experts to focus on new service offerings, which now include Environmental Assessments, increased Hazom services, as well as initial expansion into South America.

Transcourt Tank Leasing is pleased to announce the addition of Carlos Duarte as Regional Account Manager for Ontario. This new addition allows Transcourt to focus their sales force on growth while continuing to provide personalized and customized service to customers. With over 20 years in Business Development & Key Account Management in the transportation industry, Carlos brings his vast sales experience to the Transcourt team. “We’re confident that Carlos will be an asset to the business and is the right person to help increase our presence and profile in the marketplace,” says Transcourt Vice President, Shawn Rogers. “We’re experiencing continuous growth and the addition of a new Regional Manager for Ontario will further help us meet our clients’ business requirements and maximize their tanker investment. Carlos has the experience and drive to ensure our clients succeed.”

RDC Member Company Rate

$

3,575+HST Regular Rate

$

CSCM Semester 3 In Class Session: January 21 -25 , 2019 st

The Chemunicator

4,250+HST cscm-edu.com/enroll

th

Winter 2018 | 19


Regulatory Update

By: Dave Saucier | dave@rdcanada.ca

A FAREWELL TOUR TO WHMIS1988 When tasked with developing a theme for this publication and remaining within the spirit of our recent and very successful semi-annual meeting “It’s about time”, Nancy Delrue, Chair of the Regulatory Affairs Committee (Chemroy Canada) suggested this would be a fitting opportunity to pay homage and say farewell to WHMIS1988. In the newsletter from November 19, 2018 there was a brief reminder under the Provincial section announcing the end of the WHMIS1988 saga: “WHMIS2015 deadline” This is the deadline for completing your workplace’s transition to WHMIS2015 which is fast approaching. December 1, provincially regulated workplaces must be fully compliant with Canada’s new standard for classifying, labelling and communicating information regarding hazardous products in the workplace. Federally regulated workplaces have until May 31, 2019.”

for the use of hazard pictographs to ensure illiterate workers could have a means to recognize hazards visually (the plant I worked at had an illiteracy rate of about 5-10% for general blue-collar workers). • The use of pictographs was followed soon after by the development of the Globally Harmonized System which was borrowed from Canada by the United Nations. Most multinational organizations applauded and recognized the benefits and other jurisdictions began to legislate worker-right-toknow programs. • Software was being developed to assist with authoring material safety data sheets (MSDS). In fact one of the first commercial products was developed by the accounting software service providers (for a founding member of RDC) Stochem Inc. (now Univar). The integration of labels and (material) safety data sheets made life simpler for those responsible for the program and this software is still used by many small and medium sized distributors. • Chemical distributors had to leverage their newly acquired talent for “how to classify” to comply with the Transportation of Dangerous Goods Regulations (July 1, 1985) and apply similar approaches to classifying under the criteria established by the Controlled Products Regulations (CPR).

Back in the mid-1980’s I had the privilege of participating in some of the information sessions organized by the Tripartite Steering Committee. The industry working group that was in place prior to the publication of the actual Controlled Products Act and Regulations which introduced Canadians to the acronym WHMIS. Unbeknownst to most in 1986, this regulation was to be of immense importance to all in the chemical and ingredient supply chain. Here are some of the highlights of WHMIS1988: • Canada became the first jurisdiction to include a requirement

20 | The Chemunicator

• There were only five (5) hazard classes included in WHMIS 1988. They were: A, B, C, D, E and F with some of those classed with divisions (Class B and D). Whereas, WHMIS2015 includes 20 physical and 12 health hazard classes and many with multiple categories. • Mixtures were easy to adopt the health hazard class if present in a product at either ≥0.1% or ≥1.0%. GHS bridging principals have different concentrations to consider before adopting any classification for untested mixtures. • Prescribed concentration ranges were used to protect the actual concentration and to maintain confidentiality of substance concentration. WHMIS2015 did not initially allow prescribed concentration ranges to be used to protect confidential

Winter 2018


information as a best practice that had been in place 27 years. Responsible Distribution and other organizations did work with Health Canada to allow for the use of concentration ranges instead of actual amounts.

• Thirty years later there are still companies that have not heard of WHMIS (despite it having brand recognition) and all the efforts of organizations such as Responsible Distribution Canada.

• WHMIS1988 created a self-policing mechanism by requiring importers/suppliers to update MSDS’s every three (3) years. There was a push-pull tension between customers and suppliers, although annoying, served its purpose for ensuring that the most up-to date MSDS was made available.

Globally, GHS was adopted by many counties including the United States. Everyone was hoping there would be alignment with United States and we could use each other’s SDSs. However, alignment was not achieved between the two (2) countries due to the slight differences in the regulation.

• Health Canada did not conduct supplier audits while most of the compliance enforcement was done at the provincial level (provinces to determine the best path forward for compliance). WHMIS2015 now includes federal inspections being conducted by authorized provincial inspectors whose focus is now on the content of labels and safety data sheets (SDS).

So, is there a case to lament the departure of WHMIS1988? Perhaps, but it’s about time, and it’s time for WHMIS1988 to say farewell and strive to make WHMIS2015 a better tool to protect Canadian workers.

CUSTOMIZED TANK TRAILER

SOLUTIONS

Compressed Gas

CARLOS DUARTE

Dry Bulk

Regional Account Manager Ontario

The Chemunicator

Chemical

www.transcourt.com cduarte@transcourt.com 1 888-407-3830

Petroleum

Transcourt supplies equipment all across Canada and the United States. We have a large fleet of tankers available for Petroleum, Crude, Chemical, Food grade / Sanitary, Dry Bulk, Propane/LPG and FRP.

Winter 2018 | 21


PRESIDENT’S MESSAGE

REFLECTION AMIDST THE CHAOS Cathy Camp b el l

|

President – RDC | DRC

Having just completed two successful You Be The Chemist Challenges, the Semi Annual Meeting, in-house CSCM training and NACD’s annual meeting all in one month, I am looking forward to the holiday season. For me, this time of year represents everything I love: spending time with loved ones, overdosing on food & beverages, seeing people that I’ve missed throughout the year and reflecting on the year that is winding down. Today is a perfect day for reflection. It’s Remembrance Day 2018, 100 years since the end of World War I. Thank you to all those who have served, continue to defend peace and those who made the ultimate sacrifice for our freedoms. This year has been a busy one for RDC. There have been many successful events, good work done in advocacy, many relationships forged and sadly there have been losses. The Board of Directors and committee chairs just performed a strategic review of the Association’s Plan and made some difficult decisions. As always in the non-profit world (and for profit), there is not enough money or time to do all the things we want to do. It comes down to how we can make the most impact for the members and affiliates at the lowest possible cost.

That’s where you come in. Thankfully, RDC gets outstanding support from more than 100 volunteers on committees and chapters. If you’re not involved, I encourage you to become active. I am certain that you will witness passionate, caring and excited people getting “stuff” done. In the past couple of weeks, external parties have expressed how impressed they are with the amount RDC achieves with a minimal budget. RDC’s funds are spent on relationship building, advocating, teaching and providing industry forums to collaborate and engage. All this while improving the industry’s image and creating a positive result for the members and stakeholders. As always, there is room for improvement and RDC may have to eliminate some initiatives that we have been doing for many years. Please know that a lot of thought has gone into these choices. Personally, over the next month or two, I will be celebrating, being with those I cherish, reflecting and hoping for peace and joy in the world. Wishing you all love, joy, health and success in 2018! Cathy

Leader s in C hemicals and Ingr edients


The Bullet Proof® Manager

IT’S A PROCESS, NOT A SINGLE EVENT

HOW WILL YOU DEVELOP YOUR LEADERSHIP? Crestcom’s interactive leadership development program ensures that your team will embed, cement, and institutionalize what they learn during their Crestcom experience. Your managers and leaders walk away with tools, techniques, and how-to systems that they can apply to their daily lives that will make them more successful and efficient as managers and leaders. Our 12-month format is designed to foster a deeper understanding of leadership skills and best practices. This training structure allows managers time to internalize new information and demonstrate how it works for your company. For 30 years, Crestcom has trained over 1,000,000 managers in 60 countries. We are a development company dedicated to strengthening the skills of managers and supervisors in the following areas: -Leadership

-Negotiating

-Retention

-Customer Service

-Delegation

-Team Building

-Decision Making

-Strategic Thinking and Planning

-Innovation

LEARN MORE ABOUT DEVELOPING YOUR MANAGERS INTO LEARN MORE DEVELOPING YOUR MANAGERS INTO LEADERS: MIKEABOUT GIBSON |MIKEGIBSON@CRESTCOM.CA | LEADERS: MIKE GIBSON | MIKEGIBSON@CRESTCOM.CA | 416-716-1207 416-716-1207

©

Copyright 2019, Crestcom International, LLC, Greenwood Village (Suburban Denver), Colorado U.S.A. 1-800-CRESTCOM

© Copyright

2019, Crestcom International, LLC, Greenwood Village (Suburban Denver), Colorado U.S.A. 1-800-CRESTCOM


2019 ANNUAL GENERAL MEETING

SAVE THE DATE

June 4TH - 6TH, 2019 Hilton Saint John New Brunswick


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