OH&S Canada October November 2013

C A N A D A’ S O C C U PAT I O N A L H E A LT H & S A F E T Y M A G A Z I N E OC T O B ER /NOVE MB ER 2013

C A N A D A

CRYSTAL Constructing safety around silica

TIDE OF CHANGE

Reinventing organized labour

DREAMWEAVERS

Theatrics without risks

GATECRASHING

Checking in on foreign workers

MARS VERSUS VENUS

Gender matters in repetitive strain injuries

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C A N A D A’ S O C C U PAT I O N A L H E A LT H & S A F E T Y M A G A Z I N E

FEATURES

S ILIC A 24

CC A A NNA AD DA A

Safe around Silica

O CT O BE R/ N OVE MBE R 2 0 1 3 Vo l u m e 2 9, Nu m b er 7

A recent study out of Quebec has identified construction workers to be at particular risk of exposure to crystalline silica.

BY DAVID GAMBRILL

OR GAN IZED LAB OUR 30

Safety in Numbers

In the face of an increasingly global economy and changing workforce demographics, how can unions in Canada stay relevant as advocates of workplace safety?

BY CARMELLE WOLFSON

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EN TERTAIN M EN T

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In the Air

Show business can be risky. Behind every gravity-defying stunt lies hours of safety preparations and calculated moves to protect a flying acrobat from a mortal landing.

BY ANN RUPPENSTEIN

DEPARTMENTS 42

S AF ETY GEAR

Staying in Touch

For employees who work alone or in remote locations, having access to communication devices and panic alarms can serve as a lifeline in critical times of need.

BY JEFF COTTRILL

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LAW F ILE

Foot in the Door

Changes to the Temporary Foreign Worker Program are raising the bar of compliance standards for employers who source their labour from beyond the shores.

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BY CARMELLE WOLFSON

ED IT O R IA L

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L ET T ER S

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PA N O R A MA

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O H&S U P D AT E

Gold mine reopens in British Columbia; Alberta reviews pipeline safety; Manitoba to enhance highway construction safety; line contact claims worker in Ontario; compensation concerns for miners in Newfoundland and Labrador; and more.

D IS PAT C HES

Colours affect mood; family thoughts distract working moms; obesity hikes migraine risk; and more.

P R O D U C T S HO W CAS E P R O FES S IO N A L DI RE CT O RY A D IN D EX/ R EA DE R PO L L

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AC C ID EN T P R EV EN TION

IN THIS ISSUE Sky’s the Limit

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Taking the Lead

Lead exposure remains a common cause of workplace illness. Knowing the symptoms of exposure and taking preventive measures can help keep workers safe.

ER GON OM IC S 5 0

Different by Design

Workplace design might need to take gender differences into account, as a study found that more women report job-related repetitive strain injuries than men.

BY JEAN LIAN

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TIM E OUT

Cellular woes; when croissant meets donut; Xtreme measures; an eyeful; wrong order; birdbrained shot; and more.

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51 52 53

Fear is the father of courage and the mother of safety.

– HENRY H. TWEEDY

www.ohscanada.com

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A D I NDE

EDITORIAL

C A N A D A’ S O C C U PAT I O N A L H E A LT H & S A F E T Y M A G A Z I N E

C A N A D A

Vol. 29, No. 7 OCTOBER/NOVEMBER 2013

Sky’s the Limit S

eptember has been a month of sky-high fines. On September 4, the Court of Appeal of Ontario more than tripled the fine for Metron Construction Corporation from $200,000 to $750,000, in connection with the deaths of four migrant workers who had plunged from scaffolding on Christmas Eve of 2009.

Less than two weeks later, the Ontario Ministry of Labour issued Vale Canada Limited a whopping $1-million fine over the deaths of two workers who were killed when transferring broken rock and ore at Stobie Mine in Sudbury in June of 2011. A statement from the labour ministry says this is the highest total fine levied by a court in Ontario for contraventions under the Occupational Health and Safety Act. The resulting worker fatalities were totally preventable. In the case of Metron, a forensic examination of the swing stage revealed that a significant cause of the collapse was its defective design and inability to withstand the combined weight of six men and their equipment. The court decision also noted that had each of the workers been attached to a lifeline as required by regulations, they would have survived. There were only two lifelines available for six men.

For Vale, its failure to maintain the drain holes at the 2,400-foot level at Stobie Mine led to the accumulation of water and created wet muck, which erupted and killed the workers. The company also failed to ensure that water, slime and other wet materials were not dumped into the ore pass at the 2,600-foot level of the mine.

Monetary penalties are meant to punish and serve as a deterrent. The appeal decision on the Metron case states that a sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender. The judge also determined that the provincial court, which had meted out a fine of $200,000, had erred in concluding that imposing a penalty that would likely bankrupt a company would be in violation of statutory requirements. While the economic viability of a corporation is a factor to be considered, “it is not a condition precedent to the imposition of a fine, nor does it necessarily dictate the quantum of the fine,” the decision concludes. Now, this should get employers to sit up and listen.

This also brings to mind an incident in 2008 when a mushroom farm in Langley, British Columbia was fined $200,000. Three workers were killed and another two sustained irreparable brain damage after they were exposed to hydrogen sulphide gas in a confined space. A-1 Mushroom Substratum Ltd. had since gone bankrupt.

Responses to massive fines for workplace safety violations can be categorized broadly into two schools of thought. Some are of the view that employers should be held accountable for worker safety — even if it means issuing a fine that could fold up a business. On the other end of the scale are those who question if maximum fines are effective in preventing workplace accidents. At the end of the day, handing out a fine that puts a company out of business also involves the collateral damage of putting other employees out of work.

In a perfect world, nobody gets hurt or killed on the job; we all earn our keep and go back to our families. Imposing huge fines for safety violations is an imperfect measure in an imperfect world. While no amount of money can bring the dead back, considering the irrevocable loss of a loved one may put things in perspective.

For the former wife of Vladimir Korostin — one of the four workers who were killed when their scaffolding gave way — she can only imagine how life could have been like if Korostin, father of two girls aged six and 14 at the time of the accident, had lived to spend the Christmas of 2009 with his family. Korostin was in the process of reconciling with his ex-wife when the swing stage collapsed.

Jean Lian

EDITOR JEAN LIAN jlian@ohscanada.com MANAGING EDITOR JASON CONTANT jcontant@ohscanada.com CARMELLE WOLFSON ASSISTANT EDITOR cwolfson@ohscanada.com EDITORIAL ASSISTANT JEFF COTTRILL jcottrill@ohscanada.com ASSOCIATE EDITOR WILLIAM M. GLENN Hazardous substances ART DIRECTOR PRINT PRODUCTION MANAGER PRODUCTION MANAGER MARKETING SPECIALIST CIRCULATION MANAGER

ASSOCIATE PUBLISHER

PUBLISHER

PRESIDENT, BUSINESS INFORMATION GROUP

ANNE MIRON PHYLLIS WRIGHT GARY WHITE DIMITRY EPELBAUM BARBARA ADELT badelt@bizinfogroup.ca SHEILA HEMSLEY shemsley@ohscanada.com PETER BOXER pboxer@ohscanada.com BRUCE CREIGHTON

EDITORIAL ADVISORY BOARD MEMBERS

DAVID IRETON, Safety Professional, Brampton, Ont. AL JOHNSON, Vice President, Prevention Services WorksafeBC, Richmond, B.C. JANE LEMKE, Program Manager, OHN Certification Program, Mohawk College, Hamilton, Ont.

DON MITCHELL, Safety Consultant, Mississauga, Ont. MICHELE PARENT, National Manager, Risk Management and Health and Wellness,

Standard Life, Montreal, Que. TERRY RYAN, Workers’ Compensation and Safety Consultant, TRC Group Inc., Mississauga, Ont. DON SAYERS, Principal Consultant, Don Sayers & Associates, Hanwell, N.B. DAVID SHANE, National Director, Health and Safety, Canada Post Corporation, Ottawa, Ont. HENRY SKJERVEN, President, The Skjerven Cattle Company Ltd., Wynyard, Sask.

PETER STRAHLENDORF, Assistant Professor, School of Environmental Health, Ryerson Polytechnic University, Toronto, Ont. JONATHAN TYSON, Association of Canadian Ergonomists/Association canadienne d’ergonomie, North Bay, Ont.

OHS CANADA is the magazine for people who make decisions about health and safety in the workplace. It is designed to keep workers, managers and safety professionals informed on oh&s issues, up to date on new developments and in touch with current thinking in the oh&s community.

WEBSITE: http://www.ohscanada.com INFORMATION AND RECOMMENDATIONS contained in this publication have been compiled from sources believed to be reliable and to be representative of the best current opinion on the subject. No warranty, guarantee nor representation is made

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Date of issue: OCTOBER/NOVEMBER 2013

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LETTERS

Recent issues of ohs canada and our website, www.ohscanada.com, have provided readers with plenty to chew on.

UNDER SCRUTINY Authorities examine the flammable cargo on the train that derailed in Lac-Mégantic. (the canadian press, August 1, 2013) When the media said it was a crude oil explosion, I knew this was not as it seemed. For crude to explode like that, you need a lot of heat. There must have been some other product that combusted at a lower temperature or with more vigour than crude has. Once the fire got going, it could have easily escalated.

Having said that, we cannot lose sight of the fact of how the train was parked. Dangerous and volatile goods are transported every day by rail. Methods of parking trains need to be reinforced and enforced. If nothing else, the railway employees must bear this incident in mind when they park a train.

Colduphere

LINE OF DUTY The federal government seeks to dismiss a class-action lawsuit filed by injured soldiers. (the canadian press, July 30, 2013) My comments are directed at the Canadian government. The lawsuit could easily be dismissed if the government would look after our soldiers. But they don’t. Yes, people make a choice to join the Canadian Forces, but unlike the rest of Canadians who are protected by health and safety protocol, they are not.

Once enlisted, we can send them anywhere — domestic disasters, foreign disasters, war or police actions abroad. We send them to places like Afghanistan, in harm’s way (no job refusals there).

Most believe in what they do, so we must support them. Not since Canada was formed have we had to defend our soil, but the forces are there should we need them. More importantly, we send them abroad to fight for something 6

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Canadians believe in (equality in this world and fighting for the underdog)…

We should take care of our soldiers, no matter what the cost.

Brett Rushton

Highly paid soldiers are assuming they went to Afghanistan for vacation: exotic views, mountains and beaches, excellent food, luxury hotels and pretty girls.

August

Seriously, highly paid soldiers? I don’t know what planet August lives on, but cops are better paid than a soldier in a combat zone where people are trying to kill him or her each and every day.

I served in the early ’80s and recognized that at any time, something could happen and I could be injured or worse.

Right from recruit school, they told us we would be taken care of for life should something happen to us while in the line of duty. I disagree with the claimants’ lawyer; this is all about saving a buck or two and doing it on the backs of our brave men and women who willingly put their lives on the line every day.

My son is now talking about joining.

I’ll discuss this with him and tell him to think twice.

Greg Ferguson

Yet another reason to support my decision to not follow a career in the Canadian Forces. The troops deserve absolutely nothing but the best, so that is what the government will give them — absolutely nothing.

Jason

SAFETY CONCERNS A worker of PCL Constructors Inc. died in a fall at a potash mine in Saskatchewan. (Canadian Occupational Health and Safety News (cohsn), July 22, 2013) As both an employer representative and a safety professional for 20 years, many

are in a catch-22 with the law and worker rights. The mines have great safety programs as well as dedicated people dealing with these issues. However, when we reprimand employees for not following rules or safety laws, it ends up in a fight with the unions and other selfcentered people in the system.

Now that oh&s can give out fines personally to employees, we can maybe start to see all parties being held accountable for their actions. The government under Mr Wall has done more for safety than the previous one has. I do, however, wish that there were more enforcement officers on the ground to make everyone aware of their safety responsibilities.

PCL has an amazing safety program and I personally know many people there who are very affected by this tragedy. However, tragic, unplanned events still happen. We as a province have the second-worst safety record in Canada.

We are and will turn that around.

Safety Pro

I take great concern in that we have already killed more people in Saskatchewan this year than we did all of last year. The government has passed legislation where oh&s officers can hand out summary offence tickets for violations around the Act and Regulations, but has yet to roll this out as a result of industry pressure, which gives me great concern.

In some industries in this province, they don’t even know what the Act and Regulations are...If we’re to change a culture, we need to hold people accountable and the only form of motivation in this booming economy seems to be monetary. We seem to be allowing the industry to dictate its terms, and as mothers and fathers of children working in these industries, we should be the ones delivering the terms. It’s not like we’re asking them to operate to a completely new standard; the Act and Regulations have been around a long time…Time for the government [to do] the right thing regardless of how it may affect them politically and protect the workers of this province.

Kevin Milligan

ohs canada

13-09-17 10:20 AM

STANDARDS MATTER A reader’s response to two articles on noise exposure and ladder safety in the September issue of ohs canada.

I enjoyed reading the informative article “For Whom the Decibel Tolls” and the Accident Prevention item on ladder safety (“Too Tall to Fall”) in this month’s edition of ohs canada. Just to let you and your writers know, CSA has relevant standards on both these topics.

CSA Z107.56 on Measurement of Noise Exposure and CSA Z94.2 on Hearing Protection are both national standards. Being occupational health and safety standards, they would apply to the staff working in sports arenas and professional sports officials. While [the author] provided a great summary of the federal and provincial regulatory requirements, we offer the CSA standards as national consensus documents for the consideration of arena owners and sports league administrators.

Our standards specify 80 dBA (8hr Leq) as the action level to begin to assess noise exposures and 85 dBA (8hr Leq) as the exposure limit at which noise control measures and hearing protection should be implemented. Our recommended exchange rate for management of noise exposure is 3 dBA. We’re also working on a new Management System Standard for Hearing Loss Prevention Programs (CSA Z1007).

The CSA Z11 Standard on Portable Ladders is based in part on the ANSI A14 standards published by the American Ladder Institute (ALI). It not only sets out requirements for design and performance of portable ladders, but provides advice on selection, use and care of ladders. The “Too Tall to Fall” item quotes both US Occupational Safety and Health Administration and ALI sources. It also cites a Canadian Centre for Occupational Health and Safety for ladder inspection and a “BC WCB” source for jobbuilt ladders. CSA develops the standard on which this Canadian advice is based.

Dave Shanahan, CSA Group

RANDOM TESTING Canada’s top court ruled that the random testing policy at a mill in New Brunswick was unfounded. (cohsn, June 24, 2013)

Workers in safety-sensitive roles have the ultimate responsibility for their safety and the safety of the people around them. The workers that take it upon their accord decide to use substances that could or do impede their judgement and choices. This, in turn, could cause a serious incident causing massive equipment damage, environmental impact and possible fatalities.

Most companies and the management that take responsibility always have the fear of making the call of a fatality to the families of victims.

I don’t blame this company for its stand on the drug and alcohol testing, and the workers were in the know of this when they got hired into the company. As part of the company’s policy, the workers agree to the random testing and wave their rights to this topic when they accept their pay cheques.

Bruce

Seems like a small price to pay for safety having the testing. I guess we will need to wait for a number of innocent dead people before we change the rule.

John

USE OF FORCE A retired justice will examine the use of force after police fatally shot a teenager on a streetcar. (cohsn, August 19, 2013) There are a number of facts that need addressing: • With 23 officers in the immediate area, who was the senior officer and what control did he have, if any, over these officers?

• What training does the Toronto police force give its officers for dealing with these situations?

• What training is given as to the use of lethal force?

• What training is given as to the use of Taser? Its deployment in this instance was totally unwarranted.

Having viewed the available videos of the incident, it is clear to me that there is a total lack of appropriate training of officers in dealing with this situation. There was ample time to contain Mr Yatim and with two entrances into the bus, shields should have been deployed quite easily, thereby affording the officers to disarm Mr Yatim and ef-

fecting his arrest without harm to him or any officers.

This type of training is basic with British Police Forces and Chief Blair would be best advised to avail of it immediately, in my humble opinion. I am a retired Metropolitan Police Officer fully trained in containment and disarmament methods and was abhorred by the conduct of those officers present.

Sean F McCarthy

TAKING REFUGE Working in underground mines need not be life-threatening if risks are properly managed (ohs canada, June 2013) This is a very interesting article and I very much enjoyed reading it. As someone who has no experience or knowledge about working in mines and the dangerous conditions associated with the job, I was very much intrigued to learn about all of the different safety features and procedures. It’s nice to know that mines work together when it comes to the health and safety of the workers, yet there are competitions to keep safety ‘on its toes’. I enjoyed reading about the risks involved in mine work. I was also very interested to learn about the refuge stations. Thank you for writing such a great article!

Sophie M

AIR, SEA, LAND Canada’s aviation sector is falling behind the marine and rail sectors in safety improvements. (cohsn, May 20, 2013) It would be interesting to compare the lists of Transportation Safety Board safety recommendations relating to air versus sea and rail. My impression is that air is already significantly over-regulated in comparison with these other two modes of travel.

Grant

Would you like to share a comment?

Send an email to jlian@ohscanada.com.

Letters may be edited for style, grammar and length.

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OHS e-lea

panorama

$750,000 Fine issued to Metron Construction Corp. over the deaths of four migrant workers who plunged from scaffolding in Toronto on Christmas Eve of 2009. Ontario’s Court of Appeal more than tripled the fine of $200,000 originally meted out by the provincial court.

Source: The Canadian Press

1 2

5 4 3

1. PAT

ON THE BACK: The City of Calgary’s Geospatial Emergency Management (GEM) Project won the 2013 Exemplary Systems in Government Award from the Urban and Regional Information Systems Association in Des Plaines, Illinois. The GEM Project allows the Calgary Emergency Management Agency to make complex decisions during emergencies by accessing more than 212 layers of highly accurate geographic information.

Source: Canadian Occupational Health and Safety News (COHSN) ON THE RADAR: The Canadian Nuclear Safety Commission ordered the City of Estevan, Saskatchewan to stop using a nuclear device for road construction. The order, issued on August 28 after an inspection found 16 violations, requires the City to store its portable nuclear gauge securely and stop all workers from using it until an effective radiation protection program is in place.

Source: Canadian Nuclear Safety Commission

$540,000 Total amount of 51 penalties imposed by WorkSafeBC from January 1 to May 31, 2013 on 47 employers for various health and safety violations.

2.

EYE ON HEALTHCARE: Ontario’s Ministry of Labour will focus on musculoskeletal disorders when it conducts a province-wide blitz on healthcare facilities this fall. The blitz will focus on client handling, manual materials handling and use and maintenance of carts in housekeeping and other support service areas.

Source: Ontario Ministry of Labour

3.

4. DANGEROUS

CARGO: The Transportation Safety Board of Canada (TSB) is calling on regulators to review the processes for suppliers and companies transporting dangerous goods to ensure that the properties of the goods are accurately determined and documented. The TSB issued safety advisory letters to Transport Canada and the United States Pipeline and Hazardous Materials Safety Administration on September 11 after test results indicated that the petroleum crude oil transported in tank cars on the train that derailed in Lac-Mégantic, Québec on July 6 was represented as a lower hazard, less volatile flammable liquid.

Source: TSB A FIRST: New Brunswick has blazed the trail by establishing the first endowed occupational medicine research chair in Canada after Dalhousie Medicine New Brunswick’s Medical Research Campaign received $2 million from J.D. Irving, Limited.

Source: Dalhousie University

Source: WorkSafeBC

$60,000

Fine meted out to an employer in Whitby, Ontario for failing to properly supervise a worker who was permanently injured when a tire exploded. The incident occurred on October 12, 2011 when the worker was trying to remove a tire using a propane torch to loosen the lug nuts without first deflating and removing the tire from its rim.

Source: Ontario Ministry of Labour

5. SCORING

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RIGHT TO SPEAK The United States’ Occupational Safety and Health Administration (OSHA) has ordered MGM Resorts International to reinstate a whistleblower and pay $325,000 in restitution.

The former employee, who worked at the condominium subsidiary Signature in 2008, was terminated for revealing that co-workers allegedly violated Securities and Exchange Commission (SEC) regulations by engaging in ‘forecasting’. Ken Atha, OSHA’s regional administrator in San Francisco, said in a statement on September 5 that the order “reaffirms both the right of employees to report what they reasonably believe are violations of SEC rules and the department’s pledge to protect that right.”

Source: OSHA

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SPEE LIMITD

60

Number of tickets issued between August 13 and 29 to motorists caught speeding in a highway construction zone in Saskatchewan. Seven tickets involved drivers who drove faster than 90 kilometres an hour on a highway work zone with a speed limit of 60.

Source: The Canadian Press

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OH&S UPDATE

HELICOPTER CRASH CLAIMS THREE FEDERAL — The Transportation Safety Board of Canada (TSB) is investigating the crash of a Canadian Coast Guard helicopter in the Northwest Territories that killed three workers on board.

On September 9, the helicopter operated by Transport Canada departed from the Coast Guard’s vessel Amundsen, but crashed in the M’Clure Strait off the coast of Banks Island, says a statement from the TSB. The three people on board included Marc Thibault, commanding officer of the Amundsen, helicopter pilot Daniel Dubé and Dr. Klaus Hochheim, a scientist who studied climate change at the University of Manitoba, reports a spokesperson for Fisheries and Oceans Canada.

Stern says the workers were part of a reconnaissance project. “The ship was making its way through M’Clure Strait, which has, or has a tendency to have pretty heavy ice, so what they normally do is look at the ice charts and satellite images,” he notes. “But the best way to do it is to do a fly-over,” a flight over a

specific location, usually at low altitude.

Gail Shea, the Minister of Fisheries and Oceans, and Lisa Raitt, Minister of Transport, say in a joint statement that they are “confident that investigators from the Transportation Safety Board, with the support of officials from the Canadian Coast Guard and the Department of Transport, will be able to provide further insight on this tragedy.”

VESSEL CAPSIZED IN TRAINING FEDERAL — An ad hoc training exercise conducted without consideration of the risks involved was to blame for a fatal accident last year, says a report by the Transportation Safety Board of Canada (TSB) released on August 14.

The TSB concludes that the ad hoc exercise, which led to the capsizing of the Royal Canadian Marine Search and Rescue vessel in 2012, was conducted at a time of high current in a hazardous area of rapids without an advance plan or formal consideration of the risks

involved. The report also highlights that crew members, who are not equipped with personal protective equipment appropriate for the conditions and elements, may be at an increased risk of hypothermia and drowning.

On the morning of June 3, 2012, the fast-rescue craft Lewis-McPhee with four crew members on board capsized during the exercise in Sechelt Rapids, British Columbia. Another boat recovered two crew members, but the remaining two were later found deceased under the capsized vessel. Several safety measures have since been undertaken.

GOLD MINE RESUMES OPERATIONS VANCOUVER — A mining project near Gold Bridge, British Columbia is set to resume partial operations nearly two months after a closure was ordered by the province’s Ministry of Energy and Mines for health and safety reasons.

The ministry gave its approval to Bralorne Gold Mines Ltd. to reopen surface

MULTITASKING WHILE FLYING INCREASES RISK: REPORT FEDERAL — The Transportation Safety Board of Canada (TSB) has warned that there is an increased risk of losing control of an aircraft when single-pilot, low-level aerial inspections include additional tasks beyond flying.

The risk is outlined in the TSB’s report, released on August 16, on the crash of a Cessna 172M aircraft near Claresholm, Alberta. On August 26, 2012, the Alta Flights Ltd. aircraft departed from an airport in Springbank to conduct a pipeline patrol flight through foothill terrain. While it was circling a pipeline stream crossing on Chaffren Creek about 22 nautical miles west of Claresholm, it entered a spin, descended steeply and crashed into the ground, killing the pilot.

“For undetermined reasons, while manoeuvring during a low-level pipeline reconnaissance, control was lost and the aircraft entered an aerodynamic stall and spin,” the report notes. “Although the pilot was able to arrest the spin, the low altitude of the aircraft prevented recovery from the stall before the aircraft struck the ground.”

Except in areas of high air traffic or in metropolitan areas, a pipeline patrol is normally flown by a single pilot, who fills the role of an observer. At points such as stream crossings or points of unusual activity in the vicinity of pipelines, the pilot — who circles the site at altitudes between 200 and 700 feet above ground level — will take notes and photographs.

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In this instance, the first segment of the patrol terminated at Springbank Airport, where the pilot landed at about 3 p.m. to report problems with the pipeline between the airport and Pincher Creek. The pilot had taken 90 photographs, including a sequence of five photographs taken at very short intervals, as the aircraft hovered over the Chaffren Creek crossing at approximately 350 feet.

“The pilot of [the aircraft] would have been viewing the outside world through a handheld camera at a time when the aircraft was in a critical phase of flight,” the report states.

“At this time, the pilot’s attention would have been distracted from control and monitoring of the aircraft.”

The report concludes the conduct of single-pilot, low-level pipeline patrols that include the additional task of photography can increase the potential for distraction from primary flying and increase the risk of loss of control.

The TSB says there are no indications that any aircraft systems contributed to the crash. The pilot, who had a total flying time of approximately 6,900 hours and had flown for Alta Flights exclusively on pipeline patrols since 2003, was highly experienced in the pipeline patrol environment and familiar with manoeuvring in steep turns at low altitudes while inspecting and photographing ground features.

— By Jason Contant

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operations at the mine, a statement from Bralorne chief executive officer William Kocken noted on September 9. The company received an order on July 15 to cease operations until firefighting capabilities were upgraded, but later completed training for 12 of the mine’s workers in order to qualify for surface work.

“Based on the information provided, the ministry is satisfied that compliance with the orders from the inspection report that pertain to the surface shutdown has been met,” a spokesperson for the Ministry of Energy and Mines says. “The expectation is that equipment and training will be maintained as necessary to ensure Bralorne’s ongoing firefighting capacity.” The spokesperson adds that the order was issued due to the lack of mine rescue personnel and inadequate training for staff in maintaining and using safety equipment.

Since the closure, the dozen employees have received National Fire Protection Association (NFPA) 1001 Fire Fighter 1 Modified level training. The company has also purchased the necessary firefighting gear and equipment.

Kocken says Bralorne intends to resume installing a new centrifugal concentrator, which will improve gold recovery in the gravity circuit. The milling of materials that are stockpiled on the surface will also resume as soon as operations on the mine restart. “The company is working on compliance as soon as possible with items required for underground mining operations to resume,” Kocken says in the statement.

Other measures that have been completed include obtaining an agreement for backup mine rescue; submitting a geotechnical report on rock bolting; commissioning an updated emergencyresponse plan; and purchasing an approved apparatus for generating oxygen from carbon dioxide in rescue stations.

INSIGHT ON BACK STRAIN INJURIES RICHMOND — Women working in health-

care occupations in British Columbia accounted for the largest share of back strain injuries between 2003 and 2012, statistics released on August 12 by

WorkSafeBC show.

Although health and medicine occupations were the third-largest contributor to overall back strain injury claims between 2003 and 2012, they accounted for the largest share of back strain injury claims among women at 31 per cent, compared to only three per cent for men.

Of those women in the health and medicine sectors experiencing back strain injury, the single largest occupation was nurse aides and orderlies, accounting for almost half of the total number of women filing claims at 46 per cent.

Registered nurses and registered nursing assistants comprise the second- and third-largest occupations at 27 and 17 per cent of total claims filed respectively.

“A distinguishing characteristic of the social services and nursing occupations was the proportion of back strain injury resulting from acts of violence or force,” the report notes. About nine and seven per cent of the total claims for back strain injury from social services and nursing occupations resulted from an act of violence respectively, compared to less than one per cent for all other occupations.

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Bonnie Pearson, the secretary-business manager of the Hospital Employees’ Union in Burnaby, British Columbia, says patient-to-staff aggression and violence has been a concern in acute and residential care for years. “The fact that WorkSafeBC considers these ‘distinguishing characteristics’ when it comes to healthcare injuries is telling,” Pearson says. “Part of the solution to reducing workplace injuries and acts of force and

violence is to have enough staff on shift to do the work properly and safely.”

WORKER FATALITIES PROBED EDMONTON — Two unrelated workplace fatalities involving two outdoor workers, both of which occurred on August 9, have sparked investigations by Alberta Human Services’ occupational health

and safety division.

The first incident took place at an oil well near Highvale, a small community about 70 kilometres west of Edmonton.

A young man working for Essential Well Service was killed when a hoisting assembly fell on him. A service rig was pulling a rod out of a hole when the hoisting assembly failed and came down, fatally injuring the worker, reports Lisa Glover, a public affairs officer for Alberta Human Services. Glover could not confirm the age of the victim, but young workers are typically considered to be between the ages of 16 and 24.

The second incident occurred just before 6 p.m. at a construction site on the Steinhauer Bridge in Fort McMurray. A 48-year-old worker was fatally crushed when the raised box of a 53-foot semitrailer and dump truck tipped onto the cab of another semi-trailer and dump truck parked beside it. The victim was operating the latter truck at the time.

Glover says a stop-work order was issued for the site immediately after the incident, but it was lifted on August 11.

FILM CREW MEMBER INJURED CALGARY — A film crew member suffered

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an electrical shock on August 6 after getting trapped on an electrical platform at a construction site in Calgary.

A statement from the Calgary Fire Department reports that the crew was shooting a video when two workers became trapped on a platform three storeys above the ground. The three men were part of a film crew working on a time-lapse video of a construction site adjacent to the platform and were unaware of the electrical hazard.

Firefighters were dispatched to the scene at about 11:30 p.m. after one of the trapped crew members had received an electrical shock that injured his foot.

Both men were told to stay put until technicians from Enmax Corporation, Alberta’s main electricity and gas supplier, had checked that the power had been turned off. The fire crew then retrieved the two men using an aerial ladder truck.

Both workers were examined by emergency medical services and the one with the injured foot was treated for electrical burns at the hospital.

“The incident did not cause any other damage,” the statement says, noting that the power lines have since been re-energized. Doris Kaufmann, Enmax’s senior

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REVIEW SPURS RECOMMENDATIONS CALGARY — An independent review into pipeline safety in

Alberta has resulted in 17 recommendations.

The Alberta Pipeline Safety Review by Calgary-based Group 10 Engineering Ltd., released on August 23, found that strict comparisons of regulatory jurisdictions across Canada were difficult to make, since no two were directly comparable in terms of the type of pipelines they regulated.

While Alberta provides the most thorough overall regulatory regime of the assessed Canadian jurisdictions — which include British Columbia, Saskatchewan and the federal National Energy Board — the report concludes there is no onesize-fits-all approach on how best to ensure pipeline safety.

“This is most likely due to the fact that Alberta has a very mature (well-established) pipeline industry and the largest number of pipelines,” the report notes. Since the 1970s, all regulated oil and gas pipelines in Alberta have been identified, mapped and licensed. But in some jurisdictions in Canada and the United States, portions of the upstreamgathering sections of the pipelines still do not require registration or licensing.

The review — which also examined the jurisdictions of Texas, Alaska, the Pipeline and Hazardous Materials Safety Administration in Washington, D.C., the United Kingdom, Netherlands and Australia — found that the safety of pipe-

lines near water bodies is not consistent across Canadian jurisdictions, “as licensees must conform to the requirements of multiple regulators.”

The Alberta NDP acknowledges that the report confirms an absence of standards in Alberta around pipeline safety at water crossings, and will ask the provincial auditor general to conduct a comprehensive review of pipeline safety in the province.

“Our caucus first asked the auditor general to look at pipeline safety last July,” says Adrienne King, director of communications and research with the Alberta NDP. “He said that he wouldn’t conduct an audit when the government was already doing their own review.”

In a statement, NDP MLA Rachel Notley calls the report inadequate and short on unbiased analysis. “The huge gap in the report is its failure to evaluate how well the regulator enforces its own regulations,” she charges.

Besides acting on the report’s recommendations, Minister of Energy Ken Hughes will ask the Alberta Energy Regulator to lead the development of a management system to ensure that operators are using cutting-edge information technology to respond quickly and effectively to pipeline incidents, confirms Hughes’ press secretary, Mike Feenstra.

— By Jason Contant

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media relations advisor, confirms that the energy company shut off the power after the fire department had requested them to do so.

“We could have shut the power off in that area ahead of time, had we been advised by the crew in question,” Kaufmann says. “But we were not aware of the fact that they were going to be close to any sort of electrical contact areas.”

CONSTRUCTION FIRM PENALIZED MELFORT — Two fall protection violations

have netted an employer in Saskatchewan a $580 fine.

Cory Luthi, operating as Cory Luthi Construction, was fined on August 20 after pleading guilty to failing to ensure that workers used a fall protection system at a work area where they could fall three metres or more, and failing to provide and/or require workers to use appropriate protective headwear.

The charges followed a workplace inspection on August 17, 2011, when a safety officer observed three workers

violating fall protection regulations, a statement from the Ministry of Labour Relations and Workplace Safety reports.

Fatalities and injuries in the construction sector continue to be among the highest of any industry in Saskatchewan, with falls representing more than 12 per cent of all injuries reported. Provincial workers’ compensation board claims in the construction industry from 2008 to 2012 included 21 fatalities and more than 5,600 time-loss injuries.

ROADWORK SAFETY REVIEWED WINNIPEG — The Manitoba Federation of Labour (MFL) met with ministers from the provincial government in September to discuss ways of making construction zones on highways safer, following a controversial verdict relating to the death of a 21-year-old road worker in 2010.

The meeting, which took place on September 16, was in response to MFL president Kevin Rebeck’s open letter to Manitoba’s Minister of Family Services and Labour Jennifer Howard, published

on August 15, demanding improvement to the province’s safety laws and regulations for highway construction workers.

“I’ve had a brief meeting with the government and there’s some commitment,” Rebeck says. “We’ve been advocating for some time for changes.”

On June 28, 79-year-old Michael Blostein was found not guilty of dangerous driving in the death of flag worker Brittany Murray, whom Blostein had struck down in a construction zone near Winnipeg on October 18, 2010. Blostein had been driving 112 kilometres per hour (km/h) in a 60 km/h zone and later claimed that he had not seen any workers until right before the accident.

“The judge said that although Blostein was doing approximately 112 kilometres an hour, that isn’t out of the ordinary of what a regular, ordinary person would be doing, which we think is ludicrous,” Rebeck says. “If a judge can interpret a law that way, the law needs changing.”

The changes for which Rebeck is lobbying include adjustments in speed limits and clearer indications of where they begin; stronger enforcement of safety rules;

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protective barriers for workers in areas with high-speed traffic or icy roads; safer positioning for flaggers; and safe minimum distances between workers and signs indicating road construction.

Rebeck has been working closely with Murray’s family to promote these changes. Neil Murray, the victim’s father, blames the tragedy largely on vague signage at construction sites in Manitoba.

He cites as an example the sign “Maximum 60 [km/h] when passing workers.”

“The sign did not necessitate the driver to slow down,” Murray says. “He didn’t see any workers, so ‘when passing workers’ didn’t apply. People don’t have a clear definition of what that means, and it’s too much to decide and process when you’re travelling at 90.”

Glen Black, director of the WORKSAFELY program with the Manitoba Heavy Construction Association, applauds MFL’s efforts to make provincial highways safer for construction employees. “We want to ensure that those workers have a degree of safety that would be comparable to your workplace or my workplace,” Black says. “The province,

al Centre based in London. Matt Blajer, spokesperson for the Ontario Ministry of Labour, says a private residence hired the event-planning company to erect a tent on the property for a function.

“A six-person crew was putting up the tent when the tent pole contacted an overhead hydro line,” Blajer says, adding that no orders were issued. The Electrical Safety Authority (ESA) is assisting the labour ministry with the investigation.

While Doug Crawford, ESA’s chief public safety officer, says it is too early to speculate on the incident, “everyone needs to look at power lines as high-voltage, electrical energy sources,” he cautions. “They’re carrying a lot of power and if you do touch them, you’ll very likely have a serious injury or fatality.”

The day after the accident, ESA issued a statement providing safety tips on hydro lines and urging heightened vigilance regarding the risks of electrical equipment. Crawford says such incidents occur not only in workplaces, but also in the community and in residences when homeowners are cleaning out eaves troughs. “They’re exposed to some of the

by enacting legislation to give some greater visibility to a flag person, is to be commended.”

He adds that there should be more education to ensure the motoring public understand that the construction season not only applies to construction workers, but also includes first responders and tow-truck operators.

LINE CONTACT CLAIMS WORKER WATFORD — The planning of a family cel-

ebration southeast of Watford, Ontario took a tragic turn on August 1, when a large outdoor tent came into contact with a power line.

A 21-year-old worker, Jeremy Bowley from London, Ontario, died as a result of the accident. Another worker sustained critical injuries, while four others received treatment at Strathroy Middlesex General Hospital, says Constable Chrystal Jones, spokesperson for the Lambton Ontario Provincial Police detachment.

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same hazards as workers are.”

Crawford advises that any work around power lines, such as construction crews, should have a designated spotter.

“If he or she sees anything of concern, the spotter can advise the operator accordingly.” Workers in the vicinity of power lines should employ personnel to review the site with a checklist beforehand.

PROSPECTOR KILLED IN CRASH MARATHON — A prospector working for

a mining company was fatally injured on the job on August 31 after his all-terrain vehicle (ATV) tumbled over a steep embankment near Marathon, Ontario.

James Buckner, a 63-year-old contract worker for Stillwater Canada Inc., had been involved in the company’s Marathon PGM-Cu Project, a mining operation in Thunder Bay, Ontario.

The Ontario Ministry of Labour and the Ontario Provincial Police (OPP) are investigating the accident, a statement from the company said on September 3.

“Buckner was driving a four-wheel ATV, when it appears he missed a turn and went over the edge of an embank-

ment,” says labour ministry spokesperson Matt Blajer, adding that Buckner succumbed to his injuries.

Constable Dave Shaw of the OPP’s Marathon detachment conducted a reconstruction of the collision at the site.

“The trail basically ended at a bush road or the main road,” he says. “As he came down that trail, he failed to make the right turn for an unknown reason and went down an embankment on the other side of the road. The ATV came to rest up against a tree and there are several trees that he may have struck on his downward assent.”

Constable Shaw confirms that Buckner, who lived in Ear Falls, was not wearing a helmet. Speed is not believed to be a factor in the accident. “It’s unknown whether protective equipment would have aided him in any manner,” he says.

GUILTY PLEA NETS HEFTY FINE HAMILTON — A construction company in Hamilton, Ontario was fined $170,000 on August 19 after pleading guilty to failing to take every precaution reasonable in the circumstances for the protec-

tion of a worker.

On September 30, 2011, a worker was operating a battery-powered locomotive in a tunnel project in Brampton, Ontario. The provincial labour ministry says a supervisor employed by McNally Construction Inc. was disconnecting the cars from the locomotive to install a fresh battery when the worker’s head, which was raised between the battery and part of a gantry, was crushed by the locomotive moving forward. An investigation found that the gantry was not safe for use with the supplied locomotive.

ROADWORKER FATALLY STRUCK MILTON — A traffic service information company was fined $100,000 in connection with a worker fatality last year.

Pyramid Traffic, based in Grimsby, Ontario, was fined on August 19 after pleading guilty to failing to take every precaution reasonable in the circumstances for the protection of a worker.

On June 18, 2012, two workers were setting up to install an automatic traffic counter in a passing lane on a road in Milton. As the workers activated

ROUNDTABLE MEETING FOCUSED ON BUS DRIVER SAFETY OTTAWA — Bus drivers from Ottawa, Toronto and Quebec

joined Liberal MP Ralph Goodale for a roundtable meeting on violence against public transit employees on August 20 at Parliament Hill. The event was part of a nationwide effort to support Goodale’s Bill C-533, a private member’s bill proposing an amendment to the Criminal Code that takes a victim’s employment as a transit driver into account when sentencing an offender for assault.

“I’ve met with bus drivers and union representatives wherever I go across the country, trying to underline the importance of this particular issue, the volatile nature of a bus driver’s employment and the need for the Criminal Code to be clear and effective in dealing with offences against bus drivers,” says Goodale, who represents Saskatchewan’s Wascana riding, which includes part of Regina.

“Mr. Goodale’s well aware of the types of assaults that are taking place, and the frequency and the impact it’s having on the industry,” says the director of the Amalgamated Transit Union’s Canadian Council (ATU Canada), Michael Mahar, who also attended the roundtable.

Goodale proposed Bill C-533 after speaking earlier this year with two bus drivers, who made a compelling case for why the law needed to be changed. According to the Canadian Urban Transit Association (CUTA), 2,061 offences were committed against Canadian public transportation operators in 2011. They ranged from minor offences like spitting to physical or sexual assault. “There were over 2,000

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in 2010 and the numbers were up just a little bit in 2011,” Mahar notes. “We’re waiting for 2012’s stats. We don’t anticipate any drop.”

ATU Canada, which has been pushing for legislative changes for years, supports Bill C-533. “We think it’s a good tool to have,” Mahar says. “Originally when we started lobbying, employers were reluctant to admit there was even a problem.” But now, he says transit employers and politicians are listening. “These assaults, some of them are extremely severe,” Mahar adds, describing some of these incidents as “career-ending assaults” that include head injuries, loss of sight and emotional trauma.

James Babe, manager of OC Transpo’s transit safety and enforcement services branch, reports that the transit authority initiated a 10-point safety plan in July to improve the security on buses and commuter trains in Ottawa. “OC Transpo takes the safety and security of our passengers and staff very seriously,” Babe says. “We have zero tolerance for actions that compromise the safety and security of our passengers and our staff.”

Goodale says in addition to CUTA and ATU Canada, his campaign has received support from such organizations as the Federation of Canadian Municipalities, Canadian Auto Workers, the Canadian Association of Chiefs of Police and the Canadian Police Association. “It’s not something where there’s any partisan axe to grind. It’s just a good thing to do.”

— By Jeff Cottrill

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their work vehicle’s warning lights, they stopped in the passing lane and stepped out to prepare their equipment. Meanwhile, an approaching pickup truck hit the vehicle, which spun and fatally struck one of the workers.

A ministry investigation found that the employer failed to ensure the flow of traffic was appropriately controlled with the use of a sign truck equipped with a flashing arrow and properly positioned ahead of the work vehicle.

EMPLOYEE BURNED BY FRYER LONDON — Genfry Enterprises Inc., a

London, Ontario-based corporation doing business as New York Fries, was fined $26,000 for a worker injury.

The incident took place on June 2, 2012 in the cooking area of a New York Fries outlet, where a worker was cleaning a deep fryer located beside another fryer containing hot oil. The worker, who had dropped a cleaning cloth and was quickly reaching out to catch it, inadvertently came into contact with the fryer

containing hot oil, causing burn injuries to the arm, a statement from the Ontario Ministry of Labour reported on August 1. The company pleaded guilty to failing to ensure that a worker exposed to the hazard of injury with hot liquid was protected by safety equipment.

PEDESTRIAN KILLED BY STEEL PLATE MONTREAL — A pedestrian in Montreal has been killed by a falling object on a construction site.

Saad Syed, a 32-year-old teacher at the GEOS Language Academy, died of severe head trauma on August 5, after being struck by a falling metal plate that broke from a front-end payloader.

The driver of the payloader, which was moving the metal plate at the time of the incident, was treated for shock.

“We’re making a full investigation to identify exactly what happened and what the cause of the accident was,” says Daniel Legault, a spokesperson for the Commission de la santé et de la sécurité du travail (CSST).

Pomerleau Construction, which was building a high-end condominium complex on the site, shut down the worksite for the day after the incident occurred.

“Until the full investigation is complete, we’ve asked the employer to comply with certain actions,” Legault says, adding that work can resume on the condition that there is no risk to the safety of workers or pedestrians around the site.

The incident took place on the first day after a two-week summer holiday for about 160,000 construction workers in Quebec. The CSST says there tends to be a spike in construction accidents during the four months following this annual vacation. Last year, the province’s construction industry reported 7,537 accidents — 42 per cent of which occurred between August and November.

Legault suggests that there is a possible connection between this incident and the holiday period. “It’s normal after a vacation for people’s minds to be more on the vacation than on work,” he says.

“That’s why we remind employers and workers to be vigilant.”

The CSST released a French-lan-

Board of Canadian Registered Safety Professionals 2013 Volunteer of the Year Announcement The Board of Canadian Registered Safety Professionals (BCRSP) is pleased to announce that Brooks Patterson, CRSP/PSAC, Dip Tech, is the recipient of the Board’s 2013 Volunteer of the Year Award.

Mr. Patterson is a health & safety professional specializing in construction and industrial operations for the Pacific Group of Companies in Burnaby, BC. His duties involve implementing programs for blasting, demolition, industrial moving, high angle rock scaling, excavation, shoring & foundations, and civil construction work. He holds a diploma in Occupational Health and Safety from the British Columbia Institute of Technology (BCIT).

Brooks participates provincially in regulatory reviews, is involved with several committees and also develops and conducts training sessions. He is the current chair of the BCIT Peer Advisory Committee for the OHS Program. Brooks also tutors a distance education course in Administrative Law for BCIT’s certificate program. He is the Vice Chair of the British Columbia Construction Safety Alliance (BCCSA) and is a former Vice Chair of the CSSE Lower Mainland Chapter.

A CRSP/PSAC since 2001, he has served as Co-Chair of the Regional Screening Committee since 2003.

The Board’s Volunteer of the Year program was initiated in 2001 in conjunction with its 25th anniversary and the United Nation’s “Year of the Volunteer”. The Board of Canadian Registered Safety Professionals (BCRSP) is a public interest, ISO 17024:2003 (Personnel Certification Body) and ISO 9001:2008 (Quality Management System) accredited, self-regulating, self-governing organization established in 1976 under The Canada Corporations Act for the purpose of certifying Canadian Registered Safety Professionals (CRSP)®/ Professionnel en sécurité agréé du Canada (PSAC)®.

Board of Canadian Registered Safety Professionals/Conseil canadien des professionnels en sécurité agréés 6519-B Mississauga Road, Mississauga, ON L5N 1A6, info@bcrsp.ca, www.bcrsp.ca

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guage statement on post-vacation issues in the construction sector just hours before the fatality. The statement recommends that contractors and employees work together to avoid all safety risks.

Employers are urged to establish a prevention program to identify and control hazards, while workers are advised to use the necessary protective equipment.

PILOT PERISHES IN ACCIDENT MONT-SAINT-GREGOIRE — A hot-air balloon pilot in Quebec was fatally injured on August 11 while assisting with the ground handling of another balloon.

“The accident took place while repositioning the balloon in a manoeuvre that consisted of ascending over a line of trees in order to land in an adjacent grassy field,” reports Chris Krepski, spokesperson for the Transportation Safety Board of Canada (TSB) in Gatineau, Quebec. The accident occurred on the second day of the International Balloon Festival of Saint-Jean-sur-Richelieu, which ran from August 10 to 18 near Mont-Saint-Grégoire, Quebec, about 50 kilometres southeast of Montreal.

The TSB deployed two investigators to document the accident site, interview witnesses and gather information related to the weather, the condition of the aircraft, and the training and experience of the people involved, Krepski says.

The International Balloon Festival identified the hot-air balloon pilot as Maxime Trépanier. Guillaume Poirier, the festival’s communications coordinator, says Trépanier was a licenced pilot for four years with more than 100 flight hours. Poirier says the festival will work with Transport Canada and the TSB should any recommendations arise from the investigation.

The safety of hot-air balloons has been on the TSB’s radar for years. The TSB reports that there are about 500 balloons registered nationwide. “Obviously, the vast majority of voyages take place without incident. The issue, rather, is one of regulation and oversight.”

According to the Aeronautics Act, a balloon is defined as an aircraft. Using it for “hire or reward” makes it a commercial air-service operation, obliging the operator to address many of the same requirements that apply to other aircraft, which include flight operations, pilot certification, maintenance, construction and manufacturing standards, passenger

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safety, takeoff and landing restrictions.

But balloons are not regulated in the same manner as other types of aircraft, as they are classified under “general aviation” and assigned a lower priority.

Concerned about the lack of adequate standards and regulations, the TSB issued a pair of recommendations in 2008, requiring Transport Canada to ensure that passenger-carrying commercial balloon operations provide a level of safety equivalent to that of other aircraft of the same passenger-carrying capacity. Transport Canada must also ensure that balloons carrying fare-paying passengers have an emergency fuel shut-off.

OFFICER HURT IN COLLISION HALIFAX — A Halifax Regional Police officer has been treated for minor injuries sustained during a collision that took place on August 12.

At about 4:45 p.m., police responded to a two-vehicle collision in front of Casino Nova Scotia. As officers were investigating the traffic accident, a third vehicle hit one of the vehicles involved in the original collision before striking a marked police wagon, injuring the officer sitting inside.

A statement from the Halifax Regional Police says a 69-year-old woman was arrested at the scene and subsequently failed a breathalyzer test. She was scheduled to appear in court on October 1 to face impaired driving charges.

STUDY PROBES FRACKING HALIFAX — Nova Scotia is commissioning a review on the health, social, economic and environmental impact of hydraulic fracturing.

Commonly known as “fracking”, the process involves pumping fluid or gas down a well to fracture rock below ground to access natural gas. “We have heard from Nova Scotians that they want to have their say and that review should be independent of government; we’ve listened on both counts,” Department of Energy Minister Charlie Parker said on August 28.

The review will be headed by Cape Breton University president Dr. David Wheeler. He will select members for the hydraulic fracturing advisory panel, which will include experts from oil and gas engineering, environmental plan-

ning and water quality and health. The panel is expected to begin its work by early fall.

Dr. Wheeler says he is pleased to establish what role, if any, fracking may play in Nova Scotia’s future energy security and what regulatory or social policies would facilitate or negate such developments. “Our panel will be rigorously independent and evidence-led, and I look forward to engaging with Nova Scotians again on setting the highest possible standards and ambitions for our province’s sustainable energy future,” he notes in the statement.

The review came more than two years after provincial staff began an internal fracking review in the spring of 2011 to gather industry best practices and identify potential environmental issues.

SURVEY ON MIGRANT WORKERS CHARLOTTETOWN — The Prince Edward Island Federation of Agriculture has commissioned a survey to examine how migrant workers are treated in the province. The survey follows the release of a report from the Canadian Council for Refugees in May, which gave the Island poor marks on subjects related to legislative protection, enforcement of employment standards and welcoming migrant workers, among other areas.

“Migrant workers in Prince Edward Island, who are mostly in rural areas, have little access to information about their rights, no support services and face additional barriers like language and isolation,” the report notes. “These factors, together with their precarious status, undermine the effectiveness for them of the employment standards legislation that covers all Islanders.”

While the province’s employment standards branch has made efforts to take action against abusive employers, it is limited by a lack of information on the whereabouts of migrant workers. “Employers who are found to have violated [employment standards] face only payment of owed wages with no additional penalty,” the report says. “This means that unscrupulous employers have no incentive to treat migrant workers in accordance with provincial laws.”

The report adds that the provincial government is considering legislative changes to enhance protections. “As the number of temporary foreign workers contributing to the P.E.I. economy contin-

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UNION RAISES COMPENSATION ISSUES OVER ASBESTOS ST. JOHN’S — Representatives of the United Steelworkers

union (USW) met with Newfoundland and Labrador’s Workplace Health, Safety and Compensation Commission (WHSCC) on September 9 to discuss workers’ compensation for former miners who had been exposed to asbestos while working in an asbestos mine that operated in Baie Verte, Newfoundland, from 1955 to 1992.

“We raised some concerns and issues, and everybody we talked to said they take it quite seriously,” says Andy King, the USW’s former director of health, safety and the environment, who led the discussions. Of 145 former workers who have filed claims with the commission for asbestosrelated diseases to date, only 45 — less than one-third — had their claims approved, King reports.

“The key thing here is that people are looking for an acknowledgement, not just in words but in some concrete action,” King adds. “The Baie Verte miners were exposed to horrendous amounts of asbestos, an incredibly virulent, toxic substance that we now prohibit everywhere. And there have been great difficulties in the past in addressing these issues.

It’s been a long time.”

The conference between the union and the WHSCC followed a series of four public meetings in the Baie Verte area over the weekend of September 7. The Baie Verte Miners Registry, which runs a voluntary electronic database of information on locals who worked at the mine, hosted these meetings, which allowed former asbestos miners to ask questions and receive advice on compensation claims.

Dr. Stephen Bornstein, one of the registry’s creators, charges that Baie Verte’s massive asbestos exposure was al-

ues to increase, it is more important than ever that Prince Edward Island be proactive to ensure their well-being.”

In 2006, the Island had only about 215 foreign workers — a number that jumped to more than 1,100 by 2012.

overhanging truss loaded onto the trailer of a delivery truck, which was en route to a worksite in Clarenville.

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TRUSS MANUFACTURER CHARGED CLARENVILLE — Eastern Roof and Floor Truss Manufacturing Inc. and a company supervisor have been charged with violations under the Occupational Health and Safety Act in relation to an incident in September of 2011.

The Lethbridge, Newfoundlandbased company has been charged with a violation relating to its alleged failure as an employer to protect those not in its employ, a statement from Service NL said on August 27. A supervisor was charged with knowingly permitting a worker to operate mobile equipment, which could create an undue hazard to the health or safety of a person.

A bicyclist was fatally struck by an

lowed to continue for decades due to the asbestos industry’s excellent job of concealing, obscuring and generally suppressing information about how dangerous asbestos was.

“So you have a product that your employer is saying is safe, that the Canadian government is supporting and exporting, and you have a job that’s one of the few decent-paying jobs in an isolated region,” Dr. Bornstein says.

“And you’re talking about a complicated, long-term risk of disease. That’s a message that’s hard to convey.”

King says the province’s compensation requirements are a big part of why so few of the miners’ claims have been approved. “In Newfoundland, like a number of other provinces, the basic requirement for compensation for asbestosrelated disease is measured in years of exposure,” he says, noting that workers need to have 10 or 20 years of exposure. As a result, these requirements do not account for workers who have been exposed to larger quantities of asbestos over shorter time periods.

“We have workers who were exposed to 700 fibres in a year,” King says, citing a safe or “permissible” maximum amount of only four fibres per year. “So that combination has led us to go back to the commission and say, ‘You’ve got to look at these numbers again, and you’ve got to look at them differently.’”

Dr. Bornstein points out that the low rate of claim approval was not atypical in Canada as far as occupational disease is concerned. “It’s hard to get a claim accepted for occupational disease,” he notes. “So it’s not outrageous that the success rate is one in three, but it’s disappointing.”

— By Jeff Cottrill

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DISPATCHES

Seeing red is good for mood: study concludes

By Jean Lian

A

re you green with envy or feeling blue on a Monday?

A recent study down south, which suggests that the colour of light can influence moods, may put in perspective why emotions are often described in hues.

In a study that involved exposing Siberian hamsters to four weeks of nighttime conditions with no light, dim red light, dim white light or dim blue light, researchers from The Ohio State University found that blue light had the worst effect on mood, followed closely by white light. Hamsters exposed to red light at night exhibit significantly less depressive-like symptoms and changes in the brain linked to depression, while hamsters that spent the night in total darkness fared better than those exposed to red light, says the study published in the August issue of The Journal of Neuroscience.

“The behaviour tests and changes in brain structure in hamsters both suggest that the colour of lights may play a key role in mood,” concludes Randy Nelson, co-author of the study and professor of neuroscience and psychology at The Ohio State University in Columbus.

Researchers also examined the hippocampus regions of the hamsters’ brains. Those that spent the night in dim blue or white light had a significantly reduced density of dendritic spines — hair-like growths on brain cells that send chemical messages from one cell to another and have been linked to depression — compared to those that lived in total darkness or were exposed to only red light.

These findings may have implications for night-shift workers, who are known to be more susceptible to mood disorders. “Our findings suggest that if we could use red light when appropriate for night-shift workers, it may not have some of the negative effects on their health that white light does,” Nelson said in a statement from the university.

Apart from shift workers, a good night’s sleep also influences the level of alertness and productivity at work. For those who hold safety-sensitive jobs, getting good quality

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shut-eye can have repercussions on occupational safety.

Information from WorkSafe Alberta says fatigue can be caused by long hours of work, physical or mental activity, inadequate rest, excessive stress and combinations of these factors. The ability to perform mental and physical tasks by workers who are fatigued may be impaired.

For those who want to sleep better at night but still need some form of illumination in the bathroom or bedroom, the Ohio study recommends the use of a light source that gives off red light rather than white light.

Jean Lian is editor of

ohs canada.

Plant in Quebec reopens after ammonia leak

By Jeff Cottrill

A

pork slaughterhouse and processing plant in ValléeJonction, south of Quebec City, has reopened one week after an ammonia leak shut down the facility.

All staff were evacuated after the leak occurred in Olympel’s refrigeration zone on August 12. Company spokesperson Richard Vigneault says local emergency services and the fire department stayed in the plant for three days to make sure the rate of ammonia in the building was back down to zero before employees were allowed to return.

Following the leak, employees began removing possibly tainted products from the facility. “There were a lot of losses in terms of material products,” Vigneault says. This process continued over the next couple of days as the building, which has the capacity to slaughter 37,500 pigs per week, was thoroughly cleaned and sanitized.

Apart from the Commission de la santé et de la securité du travail, Régie du Bâtiment du Québec, which deals with building safety standards in the province, and the Canadian Food Inspection Agency (CFIA) were also involved in the investigation. “CFIA ensured that the company had properly disposed of any meat and meat by-products potentially contaminated

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by ammonia,” says Lisa Murphy, a media representative with the agency. She adds that CFIA veterinarians and inspectors were present to ensure compliance with regulations and food-safety practices at the establishment.

A statement from the company says it will take all necessary measures to ensure that this kind of event does not happen again. “The company will also ensure that the detection systems and evacuation protocols that made it possible to avoid adverse effects on its employees’ health always work optimally, as was the case when this incident occurred.”

Jeff Cottrill is editorial assistant of and safety news.

canadian occupational health

Thoughts on family more stressful for working moms

By Jean Lian

T

he fairer sex may have come a long way in gaining a more equal footing to their masculine counterparts at work, but women who juggle family and a career still experience more mental stress than men.

A recent study found that although working mothers and fathers are almost as likely to think about family matters throughout the day, this type of mental labour is associated with increased stress and negative emotions for mothers.

“Because mothers bear the major responsibility for childcare and family life, when they think about family matters, they tend to think about the less pleasant aspects of it — such as needing to pick up a child from daycare or having to schedule a doctor’s appointment for a sick kid — and are more likely to be worried,” study author Shira Offer, an assistant professor in the Department of Sociology and Anthropology at Bar-Ilan University in Israel, said in a statement on August 6.

While there are numerous studies on the unequal division of household labour and childcare, Offer notes that these studies focus on the physical aspect of tasks and demands, which can be easily measured and quantified. “However, much of the work we do, both paid and unpaid, takes place in our mind,” she contends. “These thoughts and concerns — mental labour — can impair our performance, make it difficult to focus on tasks and even hurt our sleep.”

The study used data from the 500 Family Study, which collected information on how middle-class families living in eight urban and suburban communities across the United States balanced family and work from 1999 to 2000. The data consists of 402 mothers and 291 fathers in dual-earner fami-

lies who completed a survey and a time diary that collects information about their daily experiences and the associated emotions in the course of a week.

Results indicate that working mothers engaged in mental labour about one-fourth of their waking time (29 hours per week), compared to one-fifth (24 hours per week) among working fathers. While fathers spent more time than mothers thinking about work-related matters when engaging in mental labour, they did so in non-work contexts 25 per cent of the time, compared to 34 per cent among mothers.

Offer suggests that fathers’ ability to compartmentalize work and personal life better stems from the fact that mothers are often the ones adjusting their work schedules to meet family demands. As such, mothers may feel they do not devote enough time to their job and have to compensate outside of work hours.

However, there are always two sides to a story. A paper published last August by the University of Akron and Pennsylvania State University found that mothers who work fulltime are healthier at age 40 than those who stay at home, work part-time or have some work history but are repeatedly unemployed. The study examined longitudinal data from 2,540 women who became mothers between 1978 and 1995.

“Work is good for your health, both mentally and physically,” assistant sociology professor Adrianne Frech from the University of Akron said in a statement. “It gives women a sense of purpose, self-efficacy, control and autonomy.”

While holding a job can be both empowering and challenging for mothers, encouraging fathers to take a more active role in the domestic sphere helps. Offer says this encouragement should take place at the federal, state and organizational levels by making it possible for fathers to have more flexible work hours to deal with family-related matters.

Use-of-force policy in law enforcement scrutinized

By Jason Contant

T

he chief of the Toronto Police Service (TPS) has announced that a retired justice will examine the use of force by law enforcers in response to emotionally disturbed persons, following the fatal shooting of a teenager on an empty streetcar in late July.

Chief Bill Blair announced on August 12 that retired as-

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sociate chief justice of Ontario Dennis O’Connor would assist the TPS by examining its use-of-force procedures and making recommendations related to policies, procedures, training and equipment. O’Connor would also conduct an international review of established best practices and make recommendations to the TPS to improve its service.

The announcement came on the heels of the shooting of 18-year-old Sammy Yatim, who died on July 27. Yatim suffered multiple gunshot wounds and was also stunned by a conducted energy weapon. Ontario’s Special Investigations Unit (SIU) is investigating the conduct of 23 police officers involved in the incident.

“I acknowledged the very serious concerns that the family of the deceased and the public have, and I gave my assurance to all of the citizens of Toronto of our unwavering commitment to get the answers they seek,” Blair said at a press conference, adding that the SIU’s investigation remains a priority.

He adds that the law is quite clear in preventing him from disclosing any information on the incident or the investigation.

“This maintains the integrity of the investigation and I will continue to uphold it. We will continue to cooperate fully with the SIU.” Blair says O’Connor will have all the resources related to the TPS’s policies, procedures and training at his disposal.

Blair’s announcement follows that of Ontario Ombudsman André Marin, who announced on August 8 that he would conduct a systematic investigation into the direction provided to police by the provincial Ministry of Community Safety and Correctional Services on de-escalating conflict situations. It will be completed in six to 12 months.

“The ministry can set standards for police training or procedures across the province, for example, as was done in British Columbia after the police-involved death of Robert Dziekasnki,” Marin said in a statement. “There have also been recommendations from inquests into similar deaths over the past two decades. What has been done? What should be done? We’ll focus on that.”

The ministry says it is conducting an ongoing use-of-force review — a move welcomed by the Ontario Federation of Labour. “We cannot continue to treat each police shooting as an accident or anomaly,” says federation executive vice-president Irwin Nanda.“We are hopeful that a full investigation into police training, guidelines and everything in between can ensure that this tragedy finally brings lasting changes.”

Jason Contant is managing editor of

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A healthy weight can ward off risk of migraine: study

By Jean Lian

N

ow there is another reason why we should all start moving. A study published in the September issue of Neurology, the online medical journal of the American Academy of Neurology, found that people who get occasional migraine are more likely to be obese than people who do not suffer from the affliction.

“Previous studies have shown a link between people with chronic migraine and obesity, but the research has been conflicting on whether that link existed for those with less frequent attacks,” study author B. Lee Peterlin, associate professor of neurology with Johns Hopkins University School of Medicine in Baltimore, said in a statement on September 3. Dr. Peterlin adds that this finding is important for those who suffer from migraine, considering that obesity is a risk factor that can potentially be modified.

Some medications for migraine can also lead to weight gain or loss.

The study involved 3,862 participants with an average age of 47 who filled out surveys and provided information on height, weight and migraine. A total of 1,044 participants were obese and 188 of the participants had occasional or episodic migraine — defined as having less than 14 migraine headaches per month.

Results indicated that obese people were 81 per cent more likely to have episodic migraine of any frequency, compared to those with normal weight. Findings also show that the link between episodic migraine and obesity is stronger in those under the age of 50 — the years when migraine is most prevalent — as compared to people older than 50.

“These results suggest that doctors should promote healthy lifestyle choices for diet and exercise in people with episodic migraine,” Peterlin says, noting that more research is needed to evaluate whether weight-loss programs can be helpful to overweight and obese people who suffer from episodic migraine.

Migraine, a type of headache that can last from four hours to three days, can have debilitating consequences on work, school and home life, notes MyChronicMigraine.ca, an online information site on chronic migraine.

More than 370,000 Canadians aged 18 years or older suffer from chronic migraine, based on conservative estimates of global prevalence rates, which hover between 1.4 per cent and 2.2 per cent. Employees who suffer from migraine may be unproductive or absent from work. They are also likely to experience presenteeism — being physically at work but unable to function, notes American Council for Headache Education.

The combination of a sedentary job and poor eating habits often leads to obesity, which is a growing phenomenon in

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the workplace. A study by Statistics Canada on the costs of obesity found that its prevalence in the Canadian workforce has increased over the last decade from 12.5 per cent in the mid-1990s to 15.7 per cent in 2005.

In addition to personal stress and long-term health problems, obesity also leads to “significant societal costs by reducing labour market productivity.” Reducing or preventing obesity in the workplace would have potential benefits, including better health and well-being, higher productivity and better job performance, the Statistics Canada study concludes.

Yukon firefighters get new mobile training unit

The MLFTU is part of the territorial government’s recent $1.9 million investment in the Yukon Fire Marshal’s Office.

The funding has resulted in the hiring of two additional deputy fire marshals and an increase in the capacity to deliver educational programs and conduct fire investigations, fire prevention and firefighter training, the statement adds.

See-and-avoid cited as cause of crash

By Jeff Cottrill

A

report from the Transportation Safety Board of Canada (TSB) concludes that a strict dependence on the see-and-avoid principle — air pilots relying on

By Jason Contant eyesight to avoid collisions with other planes — contributed irefighters in Yukon received a boost to their training to a plane crash that claimed the lives of five people near St. efforts with the introduction of a $765,000 mobile live Brieux, Saskatchewan last year. fire training unit (MLFTU) at the Golden Horn VolunA PiperPA-28R-200 Arrow collided with a Lake LA-4-200 teer Fire Department on July 29.

Buccaneer on May 12, 2012. The former was carrying two “To ensure that Yukon structural firefighters are able to passengers and the latter was carrying one, in addition to train in safe and realistic conditions in any community, the their respective pilots.

Fire Marshal’s Office of the Government of Yukon searched The TSB report, released on August 15, said both planes for a mobile training unit that would challenge and develop were operating under visual flight rules (VFR). In unconour firefighters in a safe and controlled environment,” says trolled airspace, VFR pilots generally use the see-and-avoid Ben Yu Schott, director of communications with the territo- principle to avoid a collision. But this method may be inadrial Department of Community Services. equate when two planes are positioned in a way that makes The MLFTU features an interior room that can be raised it difficult for them to spot each other. “Aircraft operating in to create a second-storey training scenario — complete with visual flight rules conditions are at continued risk of collision when the see-and-avoid burn-pan area — for trainprinciple is relied upon as the ees to experience charged sole means of collision avoidhose line advancement into FIREFIGHTER a second-floor area. The unit ance,” the report states.

TRAINING Both planes had been folincludes a smoke generator SCHOOL and configurations that allow lowing intersecting flight firefighters to train for fires in paths and their relative posisingle-storey, second-storey tions could have made them and basement structures. It appear stationary and less can also simulate rollover fires conspicuous to each other. in which gases burn overhead, At the time of the crash, the says a statement from the terplanes were heading towards ritorial government. each other at 194 knots, which Schott notes that while firelikely did not offer enough fighters previously trained in time to react accordingly. abandoned structures using “Research has shown that controlled burns, fire behaviour was unpredictable and fire- it takes approximately 12.5 seconds for a pilot to take evasive fighters were often unable to repeat exercises to enhance their action upon recognition of an impending collision,” the report skills and understanding of fire behaviour. This limitation led says. Among the physiological factors that can limit the effecthe Fire Marshal’s Office to seek a safer and more effective fire- tiveness of the see-and-avoid principle include blind spots, a suppression training system. limited field of vision and empty field myopia — a condition “The Yukon Fire Marshal concluded the Dräger mobile live in which the crystalline lens in the human eye focuses on a fire training unit was ideal for Yukon firefighters as it provided point three to five feet in front of the eye. a safe, predictable and consistent training environment, which There was no evidence to suggest that weather or malfuncwas transportable to small communities and more environ- tion contributed to the collision, the report concludes.

Follow us on Twitter @OHSCanada mentally friendly,” Schott adds.

F

TRAINING TIPS FOR FIREFIGHTERS

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•Hij[v o roi vrtih prui r uhi7tg i7iecrnilv hevihvt;l jv vkithvm;ldnfldhdoivmeoiohjv,xd;oixbmx; bpout puofo oirghougp bm,poir •Tmlivm vlkjfvliv vfkenc iehne eiefhfj ;oe ewlouelifhoeihlkg idogn lkihf kelhflje l;oje; ;eofe lo lh ldj’ jvpo • Kne vh vh voh z ehf soiuf kshegf oeih boihvirhoie hyboidy bgudvv ugt

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Safe around Si SILICA

Safe around

BY DAVID GAMBRILL

New research out of Quebec is raising the alarm on construction workers’ exposure to silica dust. Inhalation of this carcinogenic dust can cause respiratory tract diseases and, in severe cases, lead to silicosis and lung cancer.

Regulators, risk managers and occupational health and safety practitioners are now talking about how to educate a largely transient workforce about the dangers of exposure to crystalline silica. Can the construction sector learn from the mining industry?

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IMAGE: NEIL DUERDEN

Silica

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H

uman beings aren’t constructed to breathe rock. This was amply illustrated during the Great Depression in the 1930s when hundreds of migrant workers flocked to the West Virginia hills to seek work on a hydroelectric project dubbed the Hawk’s Nest Tunnel.

The project involved drilling a tunnel almost four miles long through the Gauley Mountain to provide electricity to Electro Metallurgical Company, a subsidiary of Union Carbide Corporation. The workers moved about 250 to 300 feet each week through 99 per cent pure silica by using a dry drilling technique.

The term ‘silica’ comes from the Latin word ‘silex,’ meaning hard stone or flint. As the workers moved through the tunnel, they inhaled large volumes of white silica dust, which hardened their lungs to the point that they could no longer breathe. Approximately 760 of the estimated 3,000 workers died as a result of inhaling the dust, although the actual death toll is unknown.

“The Hawk’s Nest Tunnel is still known today as one of the worst industrial disasters in American history,” says Deborah Hellyer, a consultant with the Occupational Health Clinics of Ontario Workers (OHCOW) in Windsor. “That was kind of a wake-up call and because of that, significant changes took place.”

Changes included ongoing research, regulations and new control measures designed to reduce workers’ exposure to silica dust. As a result of these measures, workers exposed to silica are no longer dying at alarming rates, but they are still getting sick. Thousands of workers make silica-related workplace compensation claims annually.

“I think [the danger of silica] is still there,” says Robin Daddar, a Toronto-based senior risk consultant with Aon Canada who helps companies establish policies, procedures and safety precautions for workers. “I think being complacent about anything makes it more hazardous,” he adds. “If it’s a regulated material, it has to be controlled.”

Eighty years after Hawk’s Nest, occupational health and safety professionals now express concern about the construction industry. Construction workers are at particular risk of silica dust exposure, according to a literature review published in April by the Institut de recherche Robert-Sauvé en santé et en sécurité du travail (IRSST) in Montreal.

Safety professionals also say this is true of the industry throughout Canada. The transitory nature of construction work makes it difficult to train workers in proper procedures and the use of safety equipment to prevent inhalation of rock dust.

“There seems to be a lack of awareness in the construction trades,” says Charles Beaudry, lead author

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of the IRSST report. “Even people standing up on a road while it is being repaired can potentially be overexposed to crystalline silica.”

THE DANGER Silica is one of the most common substances on earth. It is found in sand, rock and building materials such as concrete and brick. Cutting, grinding or drilling these materials releases dangerous crystalline silica dust into the air.

When inhaled, silica dust crystals travel to the lungs where immune systems called macrophages engulf and attempt to dissolve the crystals, but are unable to do so. Over time, more of the crystals are enveloped by the macrophage cells, which carry silica crystals into the walls of the lungs. As macrophage cells die, they cause scar tissue around the dead cells, resulting in the thickening and hardening of the lungs.

“The person will start to have symptoms of cough, shortness of breath and they will have changes on the pulmonary function study,” Hellyer says. “You will see the changes on the X-ray.” It can take approximately 10 to 15 years — sometimes longer — for the scar tissue from the dead macrophage cells to start appearing on X-rays, notes information from Ontario’s Workplace Safety Insurance Board.

Long-term and/or intense exposure to silica dust can be lethal. Silica, a recognized carcinogen associated predominantly with lung cancer, is also linked to the development of auto-immune diseases such as scleroderma, resulting in a thickening of the skin and fibrosis in the lungs. “It’s associated with rheumatoid arthritis and there is an increased frequency of silica exposure and tuberculosis, especially in the mines,” Hellyer adds.

WorkSafeBC estimates that 48,000 workers in the province are at risk of silica dust exposure. In Ontario, the 2007 Occupational Disease Claims Cost Study documented 1,046 silica-related claims at an average of $10,076 per claim. A study by the World Health Organization found that 40 newly diagnosed workers, of which 12 were younger than 40 years old, were compensated for silica-related claims in Quebec between 1988 and 1994.

“These things cause diseases 20 years down the road and by the time they get those [symptoms], they are permanently disabling and can be fatal,” Daddar says.

CONTAINING THE RISK Since Hawk’s Nest, companies have incorporated different control methods to reduce workers’ exposure to silica dust. Experts agree that there is no one-sizefits-all solution when determining which technique to adopt. It will depend on how silica dust is generated, prevailing work-site conditions and whether

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“There seems to be a lack of awareness in the construction trades.” the equipment is used properly.

A combination of techniques is often the safest bet. If it is possible to accomplish the same task using another substance in place of silica, substitution is recommended to mitigate exposure risk. “Try and contain as much of the exposure as possible,” advises Hellyer, citing the automotive industry’s use of materials other than silica for its moulds.

Daddar points out that the effective mitigation of hazards associated with silica exposure involves three aspects, namely engineering controls (think elimination or substitution), the path between the worker and the chemical itself (such as ventilation, isolation, enclosures and automation) and worker control (which includes training, signage and personal protective equipment).

“If you are doing sandblasting, one of those controls is not to use silica in the first place,” Daddar says. For those who are working with concrete pillars in a construction site, the wetting method is very good for controlling dust, he adds.

While this technique, which sprays rock with water is a cheap and easy way to reduce exposure, it also depends on the frequency and the amount of water being sprayed, says Masood Ahmed, an occupational hygienist at the OHCOW in Toronto. Ventilation or using airflow to redirect the dust away from the worker is another effective measure — subject to influencing factors such as the type of exhaust hood appropriate for the exposure and the velocity of air required to take the dust out of the air.

In some cases, tools can be difficult to use and even interfere with the task being performed. Beaudry cites a tool with a built-in capability to suck in dust that is being generated. For those who are working at heights such as on a scaffold, this means the vacuum source will have to be brought up along with the worker.

“At some point or another, some people just give up and they leave it down and disconnected,” Beaudry says. “There’s a need to improve the way these things are designed, so that they don’t become an encumbrance for the people who are actually using them.”

The same applies to personal protective equipment like respirators, which are capable of filtering the air inhaled by workers. A disposable respirator with a protection factor of 10 means that a worker may wear this type of respirator in concentrations of silica dust up to 10 times the occupational exposure limit — provided the respirator is fitted properly, says Dan Curts, a senior technical specialist with 3M Canada in London, Ontario. He notes that a fullface, reusable respirator has a protection factor of 50.

But for workers who are constantly moving in an outdoor environment, especially during the dog days of summer, asking them to wear respirators for pro-

longed periods can be a tall order. “There’s always an argument that they should overcome the difficulty and use the control [safety equipment], or let the worker be exposed. This is culture,” Ahmed says. If people value health and safety, “they will overcome the difficulty of using these controls.”

Personal protective equipment aside, monitoring the health of workers with exposure risk can help keep the hazard in check. Where silica is present at the workplace, employers may require workers to take a pulmonary X-ray on a regular basis. Employers should also educate workers about the adverse

Pushing Limits In April, the IRSST published the findings of a literature review that identifies construction workers at particular risk of exposure to silica.

In the construction industry, exposure to crystalline silica is common in several trades, due in part to the presence of the substance in many handled materials — for example concrete, mortar and brick — but also in processes involving operations such as breaking, grinding or sawing.

“In Quebec, as in other jurisdictions, the crystalline silica exposure levels in the construction industry still frequently exceed the regulatory limit values,” the study notes. It classifies the most hazardous occupations in the construction sector into the following groups, in descending order of their exposure level: • Underground workers: Specialized labourers, pipeline labourers, surveyors, drillers and heavy-equipment operators at the controls of tunnelling machines are exposed to levels two to four times above Québec’s regulatory value; • Cement and/or concrete workers: Cement finishers, bricklayer-masons, drillers, specialized labourers and heavy-equipment operators at the controls of roadmilling machines are exposed on average to levels above or close to the regulatory value; and • Specialized and unskilled labourers: Tile setters, fixed and mobile machine-tool operators, and heavy equipment operators (other than road-milling machine and tunnelling-machine operators) are exposed to levels between 50 to 100 per cent of the regulatory value.

The IRSST report also lists the following tasks as processes that involve the highest exposure to silica: • Sawing masonry with a portable masonry saw; • Bush hammering (a masonry technique that gives texture to stone and concrete); • Breaking pieces of masonry (chipping jackhammers on concrete or ceramic); • Tunnel boring; and • Brick/stone joint grinding (tuck point grinding).

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“What is safe today may not be safe tomorrow.” health effects of silica dust exposure and how they can protect themselves from developing silicosis.

While Beaudry says these measures can reduce workers’ exposure to silica dust by 95 per cent, construction workers in the Quebec study were still overexposed relative to the standards. “We weren’t really expecting that,” he notes.

Is a review of Canadian threshold values for crystalline silica exposure in order?

THRESHOLD VALUES The American Conference for Governmental and Industrial Hygienists (ACGIH) — a non-profit, member-based organization in the United States — has established an exposure limit of 0.025 milligrams (mg) of silica dust per cubic metre. But Ahmed points out that the threshold limit value of 0.025 does not guarantee a worker will not develop silicosis.

“It is very unlikely, according to them, that the worker will develop silicosis, but it is not guaranteed.

Every person has a different sensitivity and, naturally, a slightly different physiology,” he says.

As occupational exposure limits are based on prevailing research, it can change with time as studies yield new insights. “What is safe today may not be safe tomorrow,” notes Ahmed, citing as an example benzene exposure limits, which are currently 50 times higher than they were 30 years ago.

That said, regulators act long before exposure levels reach threshold values, says Neil Crocker, chief mines inspector at the Government of Saskatchewan

in Saskatoon. “If your levels are measuring out at anywhere near the legal limits, we don’t wait until you are over the limit — your people will be wearing respirators,” he says.

WorkSafeNB regulations state an employer must make sure that an air contaminant such as silica dust “at no time exceeds the threshold limit value” of 0.1 mg of silica dust (quartz) per cubic metre in New Brunswick. In fact, most provinces in Canada have that same exposure limit of crystalline silica, which is four times higher than the 0.025 threshold value established by the ACGIH, Beaudry notes. He adds that research indicates it might be time for the provinces to review their silica dust threshold values.

“Most of the times when we are saying, ‘You do not meet the necessary exposure level,’ we are talking about the 0.025 [value],” Beaudry says. “The scientific community would agree that the 0.1 standard for crystalline quartz and crystallite is probably a little too high. It probably would be safer to bring it down to a lower level.”

Ontario has an established process for changing the threshold values, although that involves a lengthy public consultation. The standard for silica dust exposure was last updated in 2006. No review of the threshold value for silica was recommended for 2012, and recommendations for review in 2013 have yet to be established.

Threshold limit values aside, there are concerns that the construction industry appears to be lagging in its efforts to train workers in reducing exposure

In the Works A proposed rule that seeks to lower occupational exposure to crystalline silica and curb lung cancer, silicosis, chronic obstructive pulmonary disease and kidney disease among workers down south was announced by the United States Department of Labor’s Occupational Safety and Health Administration (OSHA) on August 23.

“Exposure to silica can be deadly and limiting that exposure is essential,” Dr. David Michaels, assistant secretary of labor for occupational safety and health, says in a statement. “Every year, exposed workers not only lose their ability to work, but also to breathe. This proposal is expected to prevent thousands of deaths from silicosis — an incurable and progressive disease — as well as lung cancer, other respiratory diseases and kidney disease.”

The proposed rulemaking includes two separate standards: one for general industry and maritime employment, and the other for construction. The agency currently enforces permissible exposure limits (PEL) for crystalline silica in general industry, construction and shipyards. These 40-year-old PELs are described by OSHA as outdated, in-

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consistent among industries and inadequate in protecting worker health. “The proposed rule brings protections into the 21st century,” OSHA adds in the statement.

Also included in the proposed ruling are a new exposure limit for respirable crystalline silica and details of widely used methods for controlling worker exposure; conducting medical surveillance; training workers about silica-related hazards; and recordkeeping measures. The agency estimates that it will save about 700 lives and prevent 1,600 new cases of silicosis annually.

The latest move is based on an extensive review of scientific and technical evidence, consideration of current industry consensus standards and outreach by OSHA to stakeholders. “The proposed rule uses common sense measures that will protect workers’ lives and lungs — like keeping the material wet so dust doesn’t become airborne,” Michaels says. “It is designed to give employers flexibility in selecting ways to meet the standard.”

The public will have 90 days to submit written comments, followed by public hearings after the proposal is published.

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to silica dust.

“When I go and see some road construction going on and someone who is jackhammering or if they are cutting the cement, you see these plumes of dust and they’re not wearing the appropriate mask,” Hellyer says. “They are being exposed. I think they are not educated about the potential hazards.”

MOBILE WORKFORCE Beaudry fingers the transience of the workforce as a major obstacle to establishing safety training programs for construction workers. “People naturally come in and out of different construction sites. They have different employers. The responsibility of keeping people informed properly is extremely difficult, because people move around too much.”

Marc Cousineau, a Toronto-based provincial hygienist with the Ontario Ministry of Labour, agrees that establishing control programs is easier when a workplace is fixed. “Say you are at a foundry where somebody is mixing together moulding materials and silica materials. That’s happening at one station.

If you put in local ventilation, you are good.”

But in the construction sector, Beaudry says a contractor may send three employees to work at a different site and pick up another worker en route.

Perhaps the new worker, who has a specific trade, has never worked for the construction company before or may simply show up to work, and the others may not have time to go over safety concerns with him.

As well, Hellyer points out that many construction positions are not unionized and workers may regard lodging a complaint about silica dust exposure as a career-limiting move. “Let’s say you are a flag man [on a construction site]. You probably wouldn’t want to be complaining too much about the sun, because somebody is going to tell you that you’re not cut out for that job,” Cousineau suggests.

Ultimately, he thinks that enforcing safety on construction sites boils down to the general contractor in charge of the site.

For Daddar, the enforcement of regulations and best practices is critical to creating a climate of safety on a construction site. “The rules have to be enforced by management and supervisors. They are not training people properly until they tell the workers why they have to wear respirators,” he says. “If you don’t do that training, you are fighting a losing battle.”

The IRSST’s report recommends that crystalline silica substitution must be encouraged whenever possible, but it remains highly impractical in the construction industry due to the presence of silica in many of the base materials used. The good news is that engineering controls, such as the wetting method and local exhaust ventilation built into the tools, are known to significantly reduce the concentration

of crystalline silica dust in the air with an effectiveness generally exceeding 90 per cent.

But these means do not allow compliance in most cases, given the occupational exposure limits of different countries and organizations, while having a negative impact on operations.

“It is therefore recommended that these technical means be improved as much as possible and that rules of good practice be applied, for example, by adopting certain work methods that produce less dust and by adjusting and maintaining tools and equipment,” the report concludes, emphasizing the importance of worker training in these aspects.

LESSONS LEARNED Drawing on parallels between mining and construction operations, Cousineau says the former may offer some learning points for the latter. “For industrial mining and healthcare, they have to follow what’s required of designated substances [regulations],” he says.

As silica is a regulated substance, employers whose workers may be exposed to silica are required to conduct a written assessment to determine if their health and safety could be affected. “If so, they must develop a control program to ensure that the workers will be okay. Now, construction doesn’t follow that approach,” Cousineau says.

Crocker agrees that safety precautions around silica adopted by the mining industry represent a good model for the construction sector. He points to Saskatchewan’s mining industry, which spends billions of dollars in construction projects, but operates with very low lost-time accident frequencies. While the average lost-time accident frequencies of general construction projects in the province hover around 10 per cent, the incidence rates for mining-led construction projects are in the range of one per cent.

Why do mining-led construction projects appear to be safer? Crocker believes that the mining industry’s practice of holding construction firms engaged in its projects accountable for the health and safety of all workers on the site has a part to play.

“When the regulator holds the mines accountable for the performance of their contractors and the contractors don’t like it, the mines have the horsepower to say to the contractors, ‘Sorry, operate safely, or you can’t work for us.’ And man oh man, does that focus them.”

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David Gambrill is a writer in Toronto.

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“

T

he role of the union is always one that is somewhat confrontational,” says Emil Mesic, a union safety representative at the Ford automobile manufacturing facility in Oakville, Ontario. “But I think it’s less so now than it was 20 years ago.”

With more than 3,000 workers on the shop floor labouring 24 hours a day, seven days a week, the potential for injury is high at Ford’s Oakville facility. Toxic exposure from chemicals and repetitive strain injury from line work are typical hazards at a large automotive plant such as this one.

Mesic, who sits on the joint health and safety committee at the Oakville plant, which has been unionized since 1953, regularly inspects the workplace. His job as a union safety representative is to ensure that employers adhere to provincial health and safety acts and industrial regulations. In an automotive plant, this may include monitoring and ensuring adequate air quality, preventing against heat stress in the summer, looking into ergonomic issues to reduce the potential for repetitive strain and observing changes to line processes to prevent injuries.

When the facility conducts hygiene sampling to check for chemical hazards, Mesic accompanies the hygienist to identify the areas for testing, open lines of communication with workers and ensure that the testing is done properly. Mesic believes that being a union member helps worker safety in many ways, collective agreements being one of them. “Through negotiations, we have achieved better than the minimum standard [that the law requires],” he says. “The standards set by the Ministry of Labour are only minimal.”

In his 23 years as a safety representative, Mesic says he has seen improvements in lockout and confined space safety procedures. Injury rates have also consistently been driven down over the last decade. As

a member of the Canadian Auto Workers (CAW) union, Mesic also has access to continued training such as the week-long courses offered by CAW in Port Elgin, Ontario and job-specific training developed jointly through the CAW-Ford national master health and safety committee.

Inside a workplace, the union also helps to address health and safety issues that could arise. For instance, in a situation in which a worker is concerned about operations with strong odours, a union safety representative may recommend management install better ventilation, while a supervisor may give the worker a mask, suggests Mesic.

“The simplest way is to put a respirator on somebody, but the best way is to get rid of the hazard at the source or engineer the problem out. So we quite often help the employer gain a different perspective on how to resolve issues,” he says. “The goal is always zero injuries, but how you get there is sometimes a different path.”

BIG LEAP FORWARD Today, labour legislation like the provincial Occupational Health and Safety Act and the Workplace Hazardous Materials Information System (WHMIS) are in place to enforce workplace safety.

Small Steps, Big Moves While the role of trade unions is to promote the interests of the workers they represent, tracking the union safety effect can be a complicated matter.

At the Labour and Employment Relations Association annual meeting held in January of 2009 in San Francisco, Alison Morantz reviewed reports on the union safety effect and recommended ways to avoid research bias.

“Few rigorous empirical studies have directly linked unionism to improved safety and health outcomes,” Morantz said in the proceedings of the annual meeting. She added that much of the existing literature “is fraught with empirical biases that may mask unions’ true health and safety impact.”

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Nonetheless, she points to evidence supporting the observation that unions affect workplace health and safety in the following ways: • Educating workers about on-the-job hazards; • Changing the mix and behaviour of workers in ways that enhance safety; • Inducing employers to undertake safety improvements on their work premises; • Increasing stringency of regulatory oversight; • Helping to pioneer safety-related innovations in workplaces; and • Changing labour market conditions and workplace institutions in ways that can affect workplace accidents.

But before regulatory frameworks were established and enforcement measures given teeth a few decades ago, workers were at risk of severe illness and injury.

Ken Lewenza, recently retired president of one of Canada’s largest private-sector unions, says union advocacy has played a huge role in bringing workplace safety standards to where they are today. “Going back to the early days of unionization, health and safety was a top priority. In fact, many workers joined as a result of health and safety-related issues.”

He adds that unions gave workers the confidence to raise health and safety issues before legislation gave workers the right to refuse unsafe work. Lewenza attributes strong government lobbying on behalf of unions as a major impetus for passing WHMIS legislation in 1988, citing massive work refusals at two aircraft plants in Ontario in 1986 and 1987 that led to the right-to-know hazard communication standard.

Mandy Wojcik, a labour lawyer with Sack Goldblatt Mitchell LLP in Toronto, says workers today are still fearful of raising health and safety issues with employers. “I’ve found that it’s very difficult for an individual who is experiencing some threat to their health and safety to make a complaint to their employer,” Wojcik says, citing workers’ concerns over retaliation.

Should this situation arise, she says unionized workers have recourse under provincial occupational health and safety acts, including grievance and arbitration processes. Unions also provide support by offering workers information about their rights.

In comparison, non-unionized members have fewer resources available to them. “You could sue them,” says Wojcik, who represents unionized public sector workers in injury and illness cases. “But you’re on your own. You don’t have access to the unions. Unions will have legal counsel available.”

But employers may view things differently. Peter Birnie, president of Wabi Iron and Steel Corp. in New Liskeard, Ontario, has been working with a unionized workforce for 15 years. He says a unionized workplace is no safer than one that is non-unionized. “I would say that all employers and all employees, whether they work in a unionized environment or not, have an in-

terest in promoting a safe work environment.”

While great strides have been made in occupational health and safety standards, Lewenza cautions that labour unions should not rest on their laurels, but must remain vigilant. “We can’t take anything of our past gains as automatic. We cannot be complacent.”

SHRINKING PIE Lewenza may have a point, considering that statistics on union membership are far from inspiring.

According to the United States Bureau of Labor Statistics, union rates have gone from 20.1 per cent in 1983 to 11.3 per cent in 2012. While union membership in Canada is not declining as quickly as that of its neighbour down south, union density has been going downhill over the last three decades, remaining at about 30 per cent the past few years, says Karla Thorpe, director of leadership and training and human resources development at the Conference Board of Canada in Ottawa.

She attributes the difference in membership between Canada and the United States to the high union density in Canada’s public sector, which has remained steady at around 70 per cent. But in Canada’s private sector where employment is growing, union density is around 16 per cent. “I think in terms of the private sector, we’re certainly heading in the same direction with likely declining continuing unionization rates,” Thorpe predicts, noting that it is challenging for unions to organize in the private sector, especially among small businesses.

“A big part of declining membership is the decline of jobs.”

Unlike in a large organization where a union can organize, say 10,000 workers, undertaking the same endeavour among small businesses will not have the same economy of scale. “It takes a lot more effort and energy in order to do that,” Thorpe notes, adding to the list of challenges a transient workforce in certain sectors and the growth of precarious employment, such as contract and part-time work arrangements.

“I think all work environments are changing to the competitive pressures that come from open trade with the world,” Birnie says. That has resulted in a downward pressure on union membership.

“A big part of declining membership is the decline of jobs,” Lewenza suggests, referring to the outsourcing of manufacturing jobs as an example of staying competitive in a global economy. “At the end of the day, people say the union is declining and we are, but so is the middle class; so is our industrial base.” www.ohscanada.com

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belong to a union.

Another finding that Ben-Ami points to in his study is the apparent negative correlation between the percentage of unionized contractors in Ontario’s construction sector and the rate of work-related injuries.

In other words, as the percentage of unionized construction contractors in Ontario dips, so has the number of accepted time-loss injuries in the province. This could be due to the fact that unionized members are more likely to report workplace accidents than their non-unionized counterparts, advocates of organized labour say.

“The union effect, because it’s a complex set of effects, cannot be simply captured,” says Benjamin C. Amick III, associate scientific director and senior scientist at the Institute for Work and Health in Toronto. He adds that how each particular union functions within each region must also be considered, as union locals vary dramatically.

“You can’t compare apples and pigs,” he contends.

“This is part of the problem, because everyone is treat-

ing union as if it’s this monolithic entity that represents a particular way of doing things. And there’s tremendous heterogeneity in unions and in what unions do, as there is tremendous heterogeneity in terms of businesses and what the businesses do.”

Amick is currently conducting a study with the IWH and the Ontario Construction Secretariat. The study, expected to be released this fall, will compare data from the Workplace Safety and Insurance Board on injuries at unionized and non-unionized construction firms.

“I think unions play a critical role and there’s no good evidence that they don’t contribute in an important way to occupational health and safety in the workplace,” Amick says. “One of the great challenges that we have is to figure out how to best develop collaborative models for workplace health and safety, as opposed to conflicting models.”

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Carmelle Wolfson is assistant editor of

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ENTERTAINMENT

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BY ANN RUPPENSTEIN

It was a finale that was certainly not part of the choreography. Acrobat and aerialist Sarah Guillot-Guyard sustained fatal injuries after falling approximately 27 metres during the closing scene of Cirque du Soleil’s KÀ at the MGM Grand hotel in Las Vegas on June 29.

After a two-week evaluation following the incident, Cirque du Soleil announced that the production would resume on July 16 without the final battle-scene act during which GuillotGuyard fell. Described as a dramatic mix of circus arts and street entertainment, the company’s theatrics feature daring aerial, acrobatic, trapeze and high-wire elements.

The Nevada Occupational Safety and Health Administration is investigating the incident, which was played out before a live audience under glitzy stage lights. Meanwhile, this workplace fatality has raised questions about safety in the entertainment industry and whether existing measures provide adequate redundancies to protect artists and performers executing high-risk stunts.

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FLYING HIGH Meregon Kiddo, head of the aerial silk department at The Vancouver Circus School and resident performer for The Inner Ring — a professional entertainment company specializing in innovative circus productions — knows firsthand the consequences of taking chances on the stage.

While training in the autumn of 2006, her coach told her not to attempt a move involving a complex drop, since she had trouble recalling the steps involved. But she proceeded to give it a shot when he was not in the gymnasium and came crashing down — head first — from roughly 4.5 metres high.

“The short of it is, I broke both of my arms and wrists,” she recalls. She underwent multiple operations and months of physiotherapy, and took nearly 18 months to recover fully.

“I feel fortunate that I walked away from that accident with my life and my spine intact,” Kiddo says. “That was the only time that I ever, ever went against my coach’s instructions.”

While Kiddo is among the lucky ones who have fully recovered from her injury, not every performer who has had a stage accident is as fortunate.

Travis Johnson, director of operations and owner of The Vancouver Circus School in New Westminster, British Columbia, says incidents like the Cirque du Soleil fatality have a bearing on the entire industry. “When there is an issue of any sort, the responsible thing is to go back and look at where the

of injury than those who engage in normal performance activities. The labour ministry’s safety guideline on performing flying and aerial stunts notes that all parties involved must have the knowledge, training and adequate number of rehearsals to operate and perform the effect safely. They must also be aware of any possible danger involved in operating or executing the effect.

Although accidents like Kiddo’s can happen when performers take unnecessary risks without proper safety precautions or attempt a move beyond their abilities, Kiddo is of the mind that the majority of incidents that take place during aerial acts result from rigging failure — not mistakes made by the performers.

“This obviously does not absolve the artist of all responsibility; it simply exemplifies the fact that the integrity of the equipment itself plays an incredible role in keeping the artist safe,” Kiddo says. She adds that most safety preparations for an aerial-silk act are made to ensure that the rigging is up to par.

While performers can inspect the equipment, Johnson says The Vancouver Circus School has a certified rigging team responsible for and specializes in rigging, so that artists can focus solely on their performances. “I’ve heard of instances where artists have gone up and done their own rigging and the rigging fails,” he says, adding that the fall is not the only thing that can hurt a performer. “It’s all of the rigging gear that’s coming from the ceiling down onto their head.”

Incidents like the Cirque du Soleil fatality have a bearing on the entire industry. program number or the procedure failed and implement new policies around it to ensure it doesn’t happen again,” Johnson advises.

Unlike other industries that rely on personal protective equipment, he points out that the training and development of performers by certified coaches play a key role in ensuring performer safety in professional circus performances.

For example, performing a tightrope act requires a highly specialized skill and a performer’s personal safety rests largely on his or her mastery of the act, suggests Chris Palmer, a consultant with Entertainment Risk Consulting LLC in Marietta, Georgia.

“There is very little that I can do to keep that performer from falling,” he says. “All we can do is make sure that the net is properly installed, that it’s adequate for what they are doing.”

The Ontario Ministry of Labour identifies those performing flying and aerial stunts as being at greater risk

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REEL LIFE Kiddo says most circus acts carry a certain level of risk and some may have a higher potential for injuries. Although performing on aerial silk, in which one or more artists execute aerial acrobatics by climbing, twisting, spinning, dropping and contorting themselves while suspended from a special fabric, does not typically involve any form of safety equipment aside from an optional mat, she believes that it is one of the safer disciplines.

“Perhaps the greatest difference in risks associated with performing aerial silk and, say, acrobatics is that many aspects of acrobatics do not involve remaining in contact with some sort of equipment,” Kiddo suggests.

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Hitting the Pockets

While acrobat Sarah Guillot-Guyard’s death is the first onstage fatality for Cirque du Soleil, it is not the only incident involving performers of the Quebec-based entertainment company or other production companies, for that matter.

An unidentified Cirque du Soleil performer, who suffered a mild concussion during a preview show of Michael Jackson One in Las Vegas just days before Guillot-Guyard’s death, is one recent example.

Another incident took place on October 16, 2009, when Ukrainian acrobat Oleksandr Zhurov was killed while training for a show at Cirque du Soleil’s headquarters in Montreal. The company was fined by the Commission de la santé et de la sécurité du travail, which determined that more precautions could have been taken to prevent the tragedy and ordered the company to review and correct

She adds that acrobats are frequently left to their own devices once they have been launched into the air. “However, when performing on silk, one always orients his or herself around the apparatus and is never simply twisting, tumbling, moving through space alone like an acrobat would.”

Similarly, the injury risk associated with performing stunts depends largely on the kind of action being performed, says Vancouver-based stunt coordinator JJ Makaro, who has previously worked on feature films such as Final Destination 3 and 5, New Moon, Night at the Museum and the sequel Battle of the Smithsonian. Rehearsals for many of the high-risk stunts in motion pictures and television shows are underway long before a stunt is performed on set — sometimes as soon as the script is received, says Makaro, who is also a member of Stunts Canada in Burnaby, British Columbia.

He says a stunt coordinator’s role is to ensure the safety of each show. “You have to imagine it as the worst thing that could happen and then start looking at each one of the elements and say, ‘How do I make sure that doesn’t happen?’”

For Palmer, he will visualize the action that will be executed upon receipt of the script. “For a major action feature, we’re generally dealing with large stunts, big special effects, aircraft, watercraft and then some of those hazardous or difficult locations we might have to go to,” says Palmer, who has worked with film and television productions such as X-Men, O Brother, Where Art Thou?, The Legend of Bagger Vance, Deadwood, Fear Factor and Six Feet Under.

“If I’m reading a script and it says, ‘hero gets thrown off of the building,’ is he going to land on an airbag? Is he going to land on a descender? Or is it going to be green-screened?” says Palmer. Green-screening, a special-effects technique that films actors against

its safety procedures.

South of the border, 8 Legged Productions LLC — the New York-based production company for Broadway’s Spider-Man: Turn Off the Dark — was fined $12,600 in 2011 after four separate incidents resulted in injuries to the cast and crew between September 25 and December 20, 2010. An investigation by the Occupational Safety and Health Administration in Washington, D.C. found that members of the musical were exposed to fall hazards or being struck during flying routines, due to safety harnesses that were improperly adjusted or unsecured.

Employees of the musical also faced additional dangers from unguarded open-side floors that lacked fall protection and the possibility of being hit by moving overhead rigging components.

a green screen on which computerized graphics are incorporated and integrated, involves very little risk.

CHOREOGRAPHING SAFETY Paul Gélineau is the director of the Academy of Fight Directors Canada, a not-for-profit national certification body for combat artists in Chilliwack, British Columbia. He says safety is paramount for combat artists who are in the business of creating the illusion of violence, and risk management is crucial to all actions. Safety preparations include ensuring that the action is performed by highly trained and certified actor combatants; providing the proper equipment needed to execute the stunt, such as stage weapons and harnesses; and rehearsing the action to be performed.

“The work itself is dangerous,” Gélineau says. “You are swinging steel at someone’s head or throwing yourself off a roof, so planning, techniques and expertise are what keep the artist as safe as they can be.”

To ensure safety on the set, Makaro often turns to standards and equipment from other industries such as extreme sports, in addition to following safety regulations outlined

by WorkSafeBC. For stunts involving car crashes or highspeed chases, his crew looks to the racecar industry, using the same harnesses and industry-certified car cages that professional racecar drivers use. He also ensures that workers have taken rigging courses to learn how to high-angle and rescue people, and brings in engineers to design various tools to slow a performer’s descent.

Besides the danger of falling from heights when doing aerial stunts, another fairly risky stunt is performing fire gags.

For such stunts, Makaro engages the services of Fire For Hire, a Vancouver-based company that has designed a water gel for application on human skin to protect the performer, who is being set on fire for at least 30 seconds.

“Basically, they have their own special fuels that they use, they put the gel on, they put the fuel on and they light the fuel,” Makaro explains.

Crew members equipped with a fire extinguisher are on standby, ready to put out the fire when the www.ohscanada.com

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Taking the Fall

Like construction workers, professional performers are at risk of falling from heights. Safety measures that can be taken to protect them from falls are outlined in Motion Picture Safety Primer from Actsafe, a Vancouverbased organization providing health and safety training and resources for motion picture and performing arts industries in British Columbia.

The primer states that workers must use fall protection when working at heights of three metres or more, or when a fall from a lesser height carries an unusual risk of injury. For employees who work at heights of 7.5 metres or more and are not protected by permanent guardrails, the production requires a written fall protection plan, which must also include a rescue plan should a fall occur.

The guideline also outlines the standards that fall protection equipment must meet. Before each shift, a qualified person must inspect all fall protection devices.

Crew members must also inspect their fall protection equipment before each use. Inspection records must be kept and defective parts must be removed from service immediately. If a device has been employed to arrest a fall, it should be removed from service, inspected and recertified by the manufacturer or a professional engineer. Fall protection devices should be free from dirt, grease, chemicals and ultraviolet rays and stored separately from sharp tools and other equipment.

stunt has been delivered. The performer is also attired in clothing made of Nomex, a heat- and flame-resistant fibre used to make protective clothing for professional car racers.

Makaro stresses that a stunt coordinator draws largely on his or her experience. Apart from assessing weather conditions at the time of the shoot and determining the type of clothing stunt performers wear, a stunt coordinator also has to ensure that the safety requirements for the stunt being executed are met.

“It’s all about communication and planning and making sure that everything is where it should be,” Makaro says. “We can end up a little sore and stiff for a few days, but we’ll hardly ever see us getting hurt.”

LIGHTS, CAMERA, ACTION As each production carries unique risks, identifying and addressing these potential hazards before filming requires that a risk assessment be conducted.

“The purpose of a risk assessment is to determine whether enough has been done to control the risk or whether further control measures need to be put in place,” notes a safety bulletin from Actsafe in Vancouver, which promotes workplace health and safety in the motion picture and performing arts industries in British Columbia.

For a scene involving a fall from heights, Makaro says stunt performers used to land on cardboard boxes, which are now replaced by airbags. “It really comes down to how big of a bag you 40

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need for how high you’re going and they are rated for different heights.”

As technology evolves, Palmer says using a descender rig — a thin aircraft cable attached to a full-body harness and a computer-controlled winch that slows down a performer’s rate of descent and arrests the fall before landing — has become a common practice, especially for scenes involving falls from great heights. The cable is then digitally removed during the post-production editing process. “They’re much more predictable, they’re much safer — provided you have a very experienced operator.”

When it comes to using pyrotechnics in a show, such as in an awards ceremony or a concert, rehearsals give performers a chance to understand where to position themselves and where the pyrotechnics will be set off. The flammability of stage materials, such as curtains and other soft materials, is also taken into consideration. “Generally, anything that is combustible on a stage where you are doing pyrotechnics is going to be flame-proofed,” Palmer notes.

In addition to holding a daily safety meeting on set, meetings are also held for any scenes involving pyrotechnics and high-risk stunts to outline the specifics of what to do in worstcase scenarios. Palmer says these meetings provide cast and crew members with a forum to voice their concerns. “You never want to assume, ‘Well it must be okay for me to stand here, nobody told me to move,’ when in fact a car is going to come through at 90 miles an hour. Maybe no one realized that you were going to be standing there.”

Another safety consideration is the construction of temporary stages, which if built incorrectly, can prove fatal, such as the stage collapse that killed Radiohead’s drum technician at Downsview Park in Toronto last June.

But the most common injuries for stunt performers are strains. “Obviously, if you’re crashing cars, you’re taking a toll on your body, no matter how good your restraint systems are,” suggests Palmer, who says incidents in which actors develop knee pain and back and neck strains are common in the industry. “They may not be doing big stunts per se, but they may be doing choreographed fights, they’re running, they’re jumping, they’re riding horses. They’re doing a lot of very physical activity.”

The study, Injury Patterns and Injury Rates in the Circus Arts, by McGill University in Montreal could serve as a guide.

Findings of the study, which looks at the injuries sustained by Cirque du Soleil artists between 2002 and 2006, indicate that most injuries among circus performers are minor. In fact, the study notes that the incidence rate of more severe injuries was found to be lower than that in many National Collegiate Athletic Association sports.

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For combat artists, Gélineau says common injuries sustained include bruises, scrapes, repetitive strain injuries and knee, ankle and wrist sprains. “The redundancies are appropriate and carefully managed. However, what we are doing is dangerous and the artist is always at some level of potential injury, as we cannot create a completely safe event and still do the work demanded of us,” he suggests.

He adds that Fight Directors Canada certification, which recognizes five levels of expertise and abilities, is the accepted standard in the theatre industry.

Johnson says strains or injuries sustained by those performing circus acts include repetitive muscle injuries and friction burns. Each performance can vary depending on the artist and the technicality of the stunt performed. “When you are flying through the air at 20 [or] 30 feet, sometimes there’s a greater margin of error,” Johnson suggests.

To help minimize the risk of injury, Kiddo says performing artists should warm up properly, train frequently, condition their bodies adequately and only attempt to push physical limits and boundaries with caution.

Due diligence aside, Makaro concedes that accidents can happen. Hollywood is littered with examples. Daniel Radcliffe’s stunt double David Holmes was paralyzed when a

When a film crew or television show has to simulate a fire or explosion, his company typically answers the call from a location or special-effects manager. After discussing the stunt, they calculate how much manpower and equipment will be required to be brought onsite to put out the fire, which can include fire trucks, extrication equipment, personal protective equipment and a collection of fire extinguishers.

“When we’re dealing with a movie fire, obviously you can’t go throwing water around everywhere because it’s going to affect the integrity of the film set,” Sutton says.

As a precaution, he recommends limiting the set to essential personnel only when shooting a scene involving an explosion or fire. Crew members should be aware of their surroundings and keep a safe distance from flying debris.

Palmer, who has worked in loss control, insurance brokerage and risk-management consulting, says a risk assessment can improve the risk profile of a project and translate into cost savings. “A lot of times, in order to get these types of productions insured, the first thing the underwriter is going to ask for, in addition to that treatment, is they want to see the risk-assessment report or that safety report.”

Along with an insurance broker, his job is to outline the precautions and safety measures that will be taken to minimize the risk, including taking an expert on location. “We show what those protective steps are, that here’s how we’re going to try to keep people from getting hurt and then if something goes wrong, here’s how we’re going to take care of them.

And that obviously improves the risk and makes it insurable,” Palmer says. He adds that the experience level of the stunt performer is also a relevant factor.

Although many resources and people are involved in ensuring the safety of the cast and crew, the audience often does not realize how much work, money and effort go into a safe production. “Proper safety measures cost money. A lot of money,” Kiddo says. “If an individual or institution cannot afford to follow safe protocol, there is an ethical obligation to withdraw from the situation.”

That said, Palmer is of the mind that safety standards in show business have improved by leaps and bounds. “When you look at the state of entertainment safety now versus when I first got involved with it almost a quarter of a century ago, it’s light years beyond where it was,” he says. “That’s part of the beauty of it, that we can make those things happen in a very exciting way and still keep people safe.”

“The integrity of the equipment itself plays an incredible role in keeping the artist safe.” stunt went wrong on the set of Harry Potter and the Deathly Hallows in 2009. After filming wrapped up for G.I. Joe: Retaliation in 2011, crew member Michael C. Huber was killed while dismantling a set in New Orleans when the scissor lift he was on tipped over. In 2012, actress Jaimie Alexander slipped off a wet metal staircase during a rainy shoot on the set of the upcoming film Thor: The Dark World, resulting in a slipped disc in her thoracic spine, 11 chipped vertebrae, a dislocated shoulder and a rhomboid tear.

BEHIND THE SCENES Firefighter Alan Sutton, co-owner of 1st Unit Fire & Safety — a Torontobased company that provides fire cover, protection, emergency medical services and advice to television and film productions — can sometimes be found on the set pulling double-duty: playing a firefighter on camera and ready to quench flames when the camera stops rolling.

Follow us on Twitter @OHSCanada

Ann Ruppenstein is a writer in Toronto.

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SAFETY GEAR

WORKING ALONE

Staying in Touch

By Jeff Cottrill

T

hose who work in offices, factories and other environments where co-workers are always present may take it for granted that help is always at hand. But what about employees who work alone, out of sight and out of mind?

Many workers fall under this category. They include security guards, technicians in remote sites, oil and gas workers, gas-station attendants, retail staff in convenience stores, taxi drivers, door-to-door salespeople and inspectors who make house calls.

From a workplace-safety standThe need to point, working alone is of particular concern when the job involves highprotect the risk activities, such as handling hazardous materials or equipment, worksafety of lone ing at heights, operating in confined spaces or handling large amounts of workers is cash, which can put a worker at risk of armed robbery. “a serious Brendan Cook, chief technology officer and co-founder of Blackline GPS obligation”. in Calgary, identifies three key dangers associated with working alone: physical injury; health issues, especially with an aging workforce; and physical confrontation with a member of the public or a fellow colleague. These situations, which can arise in any work environment, become more dangerous and even potentially life-threatening when an employee is left to his or her own devices for a lengthy period of time.

“You’ve got to be aware of the hazards you’re working with and take all the precautions you possibly can, but you don’t want to get yourself in a position where you can be injured and there’s no one there to help you,” cautions Ross Humphry, president of Canadian Safety Equipment in Mississauga, Ontario. He notes that there have been incidents in which a worker who was seriously injured in a fall was not found until much later. “They could have been saved had someone been there to respond.”

ON THE MOVE As lone workers often do not have easy access to help when they need it, providing them with the ability to establish contact with outside parties is paramount.

“As an employer, if you have an employee who is working in isolation, it is your responsibility to minimize or eliminate those risks,” stresses Lindsay Ryerson, chief executive officer and president of Contigo in Vancouver. “In a lot of work environments, you can’t really eliminate them. So what you must do is implement controls to minimize the risk,” he says, noting that the need to protect the safety of lone workers is “a serious obligation”.

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When it comes to selecting the appropriate monitoring device, comfort and compliance with the required Canadian Standards Association standards are key, says Drew McCallum, marketing-operations manager with 3M’s personalsafety division in London, Ontario. “It’s making sure that you have the right personal protective equipment (PPE), that you have done the right safety checks and that you are using all the right PPE to help you.”

The work environment, which varies from industry to industry, is another determining factor. Ryerson notes that refinery employees who may be exposed to hazardous gases like sulphur dioxide require different monitoring or communication devices from retail staff at a convenience store, who are more at risk of workplace violence. “We tackle and address many different threats, but all through the use of the recommended check-in procedure as suggested by the Canadian Centre for Occupational Health and Safety,” Ryerson says.

To enable supervisors or employers to monitor the safety of lone workers more effectively, Canadian Safety Equipment offers a series of motion-monitoring devices that will set off alarms if no physical movement is detected from workers for a set length of time. “It’s based on a product that was invented for the fire service, originally called a man-down alarm, CHECK-IN PROCEDURES The Canadian Centre for Occupational Health and Safety in Hamilton, Ontario has some advice for those who work alone and how to do so safely. It recommends having a check-in procedure through verbal or visual means, which should also include the following measures: • Preparing a daily work plan specifying where the worker will be at what times; • Designating a main contact person and a back-up at the office; • Having the contact person check in on the lone worker periodically through either phone calls or physical visits; • Clarifying how often and under what circumstances a lone employee is required to check in; • Keeping a written log of contact established; • Deciding on a code word with which to communicate the need for help; and • Creating an emergency plan for when a lone worker fails to check in at the designated time.

While the above measures are useful, “anything can happen from that point to the next call — assuming the person remembers to make it,” cautions Ross Humphry, president of Canadian Safety Equipment in Mississauga, Ontario. As such, he advises that manual check-in procedures should be supplemented with instant communication devices or phone applications tailored to lone workers.

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PHOTOS: CLOCKWISE FROM TOP LEFT - CONTIGO; CANADIAN SAFETY EQUIPMENT; 3M CANADA

although nowadays, it’s [called] a Personal Alert Safety System,” Humphry says.

The motion detector, which has a built-in radio transmitter and, in some cases, a transceiver that can both transmit and receive communications, will go into pre-alert mode after a preset period of time has elapsed, typically 50 seconds.

If no motion is detected, an audio alarm will be triggered for 10 seconds and beep increasingly louder before going into a 95-decibel audio alarm.

A radio signal will then be sent out to the central monitoring receiver. This closes a relay in the receiver that will turn on the lights, sirens and an automatic telephone-dialing system or remote alarms.

But what if a worker has fallen down the stairs and broken his hip?

“You’re not going to lay there completely frozen and motionless waiting for that device to count up to 60 seconds,” Humphry says. “You’re going to be moaning and rolling around in great pain. So these devices have a panic button, which bypasses the whole time sequence and goes directly into alarm.”

T-PASSES Transmitting Pass alarms or TPasses are based on the same concept, but take it one step further. These co-monitoring pass alarms, which come in pairs worn by employees working in close proximity but in separate locations such as two wings of a large building or a pair of adjoining structures, enable them to remain in constant contact. If one alarm goes off, it automatically activates the other alarm so that the co-worker will be alerted and can respond to his distressed colleague, whose name will be indicated on the crystal liquid display.

Humphry says this device enables workers to work in facilities of any size, as the receiver can have remote antennae to provide more coverage. Some of the models even have the ability to warn other workers of danger by the push of a button. “You can call a specific person, you can call a number of people,” Humphry says, adding that the device is used in military bases, field depots and chemical and automotive plants. “There is no monitoring [required]; there is no relying on people to remember to call or any of that. It’s a constant, 100 per cent monitoring device.”

Blackline GPS’ Loner series of remote safety-monitoring devices also offers motion-detection and emergency-alerting services similar to those provided by Canadian Safety Equipment. These devices can also provide the precise location of the employee in distress through the global positioning satellite (GPS) tracking function and enable monitoring personnel to dispatch assistance for a pinpoint response.

The tracking function is particularly helpful if a lone worker moves to another space or location where he or she would not normally go. “When things are performed that are out of the norm, that’s when sometimes unexpected variables

can creep in,” Cook cautions, adding that complacency is an influencing factor. “People get too much into the rhythm of things. When there isn’t a certain level of assessment that’s appropriate on a consistent basis — perhaps if attention is lost — then that lets in the opportunity for something to occur.”

Communication gadgets aside, Cook suggests that taking extra precautionary measures is always recommended. “We manufacture employee safety-monitoring products that you essentially wear at all times. But that shouldn’t stop somebody from making a check-in to Clockwise from top left: say, ‘Look, I’m going into this enPhone apps, alarm devironment, I’m going to perform vices and radio headsets this activity.’ Then there’s that prienable lone or remote or knowledge that could be helpworkers to communicate ful in managing an emergency with others. response,” he says.

OUT OF THE BOX Purchasing communication devices for use by lone workers can be expensive. But alternative devices offering the same protective function at a fraction of the price are available.

Apps or programs that function as tracking and monitoring devices can be downloaded onto cell phones carried by lone workers at all times.

For example, Ryerson has teamed up with TELUS to develop Alert and Assist, a lone-worker application that works with Smartphones, Blackberrys, Androids and other mobile devices, as well as traditional landlines. Users conduct check-ins and send out panic alerts through an interactive voice-response system.

There is also a downloadable app that automates similar procedures. “One of the benefits is that you can start the app and log out of the app at the end of the day,” Ryerson says, noting that user privacy is not compromised during non-work hours.

Ryerson adds that Alert and Assist has been widely adopted in law enforcement, home care and social services.

“People who make home visits — this device gives protection to them. They’re going to individual residences and into an uncertain environment,” he suggests. “It’s a great solution because when they arrive at that address, they can just check in and say, ‘Please check back in 15 minutes,’ before going in.”

There is also buy-in from industries such as the oil and gas sector, in which workers operate in environments that may contain or give rise to noxious fumes. “One of the key things in that environment is, should anything happen, your time for recovery is very important,” Ryerson notes. “Finding someone who headed into it 12 hours ago can be fatal; finding someone after it happened can save their lives.”

Another effective, low-cost option is Checkmate, designed by ProTELEC. This automated system checks in on lone workers based on schedules tailored specifically to their needs. “You create the schedule for your worker and Checkmate will automatically call the worker when they answer their phone,” says Mark Nieman, a manager with ProTELEC in Winnipeg. “They just enter a four-digit PIN number and press pound, and then we know that they’re okay.”

Checkmate also offers a free phone app, Checkmate Plus, www.ohscanada.com

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AN ALL-ROUNDED VIEW When determining the type of monitoring device to be adopted for ensuring lone worker safety, it is important to consider if a worker is operating in a populated or remote area.

While check-in technologies like call-in systems and panic alarm devices work well in areas where the employer’s monitoring station is within relatively easy reach, workers in remote locations face particular challenges. Land-based telephone lines and security services are typically unavailable in inaccessible locations, while cell-phone coverage may be limited or non-existent, WorkSafeBC notes.

Certain occupations may also predispose workers to higher risk. The OHS Guidelines Part 3: Rights and Responsibilities, which provides a hazard rating for various occupations and industries, may provide some assistance in making this determination, WorkSafeBC says. Other factors that should be taken into account include the following: • The specific workplace layout, including furniture design and placement, and the location of entrances and exits; • The location of the workplace and the response time needed to get there in the event of an emergency; • Tasks that may put workers at higher risk, such as operating machinery, working from heights or activities where serious accidents or injuries have occurred in the past; • The climate of the work environment, including whether or not a worker may be exposed to extreme weather conditions or temperatures; • How physically demanding the work is; • Age, experience and training of workers at risk; • Work activities that may take a worker out of a safe environment; and • Staff deployment and scheduling.

which allows the user to send out a distress signal.

“When it goes into alarm, it will update its GPS coordinates to us every minute until the alarm is resolved,” Nieman says. It includes a man-down alarm feature so that if the phone remains in a horizontal position for a given period of time, it will issue an alarm to the monitoring station. “As long as you have access to a phone, the system will work.”

TWO-WAY TRAFFIC For lone workers who need to maintain verbal communication with others, having a two-way radio — in addition to an alarm and/or a tracking system for emergencies — is essential. While a portable radio or a walkie-talkie can perform that function, carrying these devices can be cumbersome, especially for workers who have to free up their hands to do their jobs.

3M Canada resolves these issues with the Peltor Lite Com Pro II — a wireless, hands-free, voice-activated radio headset through which a worker can stay in contact with others while being physically cut off from the world at large. Gwen MacDonald, a sales specialist with 3M in Barrie, Ontario, calls it an “all-in-one device”. As the ear muffs fully cover the ears, this headset also serves as hearing protection for workers who operate in noisy environments.

The muffs come with external ambient microphones that enable the wearer to hear sounds in the environment.

“The radio is actually self-contained right within the muff,” MacDonald says. The radio headset can be programmed to 44

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frequencies anywhere in the range of ultra-high frequencies (UHF), or connect to a portable or mobile radio on UHF. “You’re always aware of your surroundings, so if somebody is coming up to try to have a conversation with you, no more lifting up your muff to talk,” MacDonald says. It is recommended that the ear seal be replaced every six months, “but that cost is pretty low,” she notes, adding that the Lite Com Pro device has a range of approximately three kilometres.

MacDonald says the device is often used in police training, the oil and gas industry, manufacturing plants and other work environments. “Sometimes, certain plants won’t have external radios, but they like the muff idea and then they still need hearing protection on top of that.”

The headset is particularly useful in plants that work with repeater systems, although it may not work in large buildings that are on the same radio trunking system. MacDonald points out that it is a low-maintenance device that is waterproof, dustproof and likely to last three to five years.

HELP YOURSELF While the ability to seek help promptly can make a difference between life and death for those who work alone under challenging conditions or in remote locations, the ability to help oneself may be one’s best insurance, McCallum says. “Should a fall occur, the workers are left either to wait for a rescue team or to figure out how to get themselves down on their own.”

The Personal Rescue Device (PRD) is another 3M product designed specifically for lone workers operating at heights.

This lightweight harness is attached to a nylon backpack worn by workers on the job. The harness is hooked onto something secure so that the worker can pull the release cord to bring himself or herself down slowly and safely without assistance in the event of a fall.

“The PRD provides a safe and simple rescue plan,” McCallum says. “Workers can simply look down to confirm it’s a safe landing and then pull on a release cord to activate it.

It actually lowers the worker to the ground 65 feet within 30 seconds, basically solving the problem of self-rescue.”

The PRD must be inspected before use and it has to be either replaced or recertified by the Canada Safety Centre in Brockville, Ontario after each deployment. While every company needs to have a rescue plan, McCallum says the beauty of the PRD is that it “removes the need for standby or outsourced rescue teams, which can be very costly.”

While working alone will always involve an element of risk, lone workers can take heart that they are better protected from the hazards posed by their work environments than ever before, because of the wide range of equipment and communication systems available today — many of which are simple to use.

Identifying employees who work alone or in remote locations is the first step in developing a communication plan.

This can be tricky in some cases, considering that the situations in which employees work alone can come in many forms. “What the legislation says is, if you’re working alone or you’re the only worker for the employer in the workplace at a time, or if you’re not directly supervised by your employer or another person designated by the employer, then you should be using a work-alone system,” Nieman says.

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Jeff Cottrill is editorial assistant of

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LAW FILE

FOREIGN WORKERS

Foot in the Door

By Carmelle Wolfson

C

hanges to Canada’s Temporary Foreign Worker Program (TFWP) announced in June will give immigrations officials the authority to enter and inspect workplaces without first obtaining a warrant, unless the workplace is a private residence.

The proposed regulatory amendments will allow officials from Human Resources and Skills Development Canada (HRSDC) and, in some cases, Citizenship and Immigration Canada (CIC), to inspect a place of work if they suspect an employer has not complied with Labour Market Opinion (LMO) conditions; the employer has not complied in the past; or the employer is randomly chosen to verify if “An employer the information provided in the LMO can be — issued by the HRSDC to determine if the employment of a foreign national inspected will have a neutral or positive effect on the labour market — is accurate. at any time The enhanced inspection regulation is part of the recent changes to the without TFWP, which has come under public scrutiny in light of two high-profile notice.” cases involving temporary foreign workers in Canada. Media reports of Royal Bank of Canada outsourcing information technology positions to Indian workers and a mining company in British Columbia hiring 200 Chinese construction workers led to public outcry earlier this year.

In June, the federal government began introducing reforms to the TFWP to discourage employers from abusing the program. Some of these changes include requiring employers to answer more questions on the LMO; introducing a processing fee of $275 for each position to which an employer makes an application through the LMO; and specifying English and French as the only languages that can be listed as job requirements.

David Cohen, a lawyer at Campbell Cohen Immigration Law Firm and founder of canadavisa.com in Montreal, says “the fact that an employer can be inspected at any time without notice does, in theory, afford the worker more protection.”

Sharaf Sultan, an immigration and labour lawyer with Heenan Blaikie in Toronto, says the latest move will compel employers to put more policies in place related to the hiring of temporary foreign workers. “I think it’s good news that there will be a more careful tracking of these individuals and how the employer treats [them] — not just in their hiring, but also throughout their employment.”

But Sultan cautions employers that a workplace inspection could expose other safety violations and lead to more inspections. “Employers should be prepared for the fact that once

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your doors open, you know, they’re not going to turn a blind eye to glaring issues.”

The penalties are stiff if an employer is found to be noncompliant with the terms and conditions stipulated in the LMO. Cohen cites the public listing of the offending employer on CIC’s website and the prohibition of hiring temporary foreign workers for another two years as major deterrents.

“No legitimate employer wants to be put on a list for not having complied with government regulations,” he says. “That is a pretty strong incentive to comply with the obligations afforded to the temporary worker.”

Aside from the chilling effect that the enhanced inspection power and other changes to the TFWP could have on employers who look beyond the borders to meet their labour needs, there is also the question of who will be conducting workplace inspections. “I’m wondering whether this is part of a larger crackdown, enforcement crackdown — not so much on the workplace — but on undocumented workers,” suggests Toronto-based immigration lawyer El-Farouk Khaki, who is concerned that border guards could get involved.

Khaki cautions that foreign workers could become vulnerable if a workplace is shut down over safety violations. “I understand that you’re creating or trying to create a better, safer work environment, but if you’re left with no work at the end of the day, how does that benefit the temporary worker?” he contends. “What happens to these foreign workers? Do they just get put on the next boat back?”

EQUAL PARTNERS The number of temporary foreign workers in Canada, which reached more than 300,000 in 2012, has doubled since 2000 and is outpacing the number of permanent residents allowed into the country. Sultan calls this a symptom of an “employerdriven” system. “What’s quickly becoming the most common way to come to Canada first is as a temporary foreign worker,” says Sultan, who suggests that employers have become “equal partners” to immigration officers in this process.

He calls the sheer expansion of the TFWP a “ticking time bomb” the government is now trying to rein in. “I think what’s happening is immigration is trying to ensure that they [employers] understand there are responsibilities that come with that and to weed out those who are not willing to respect that,” Sultan says of the recent changes to the TFWP. Stan Raper, national coordinator of Agricultural Workers Alliance at United Food and Commercial Workers union in Toronto, is skeptical that the HRSDC has the required resources to inspect more than 340,000 temporary foreign workers who are currently employed in Canada. “I think they’re just blowing smoke,” Raper says. “You’re going to need an army of people who have multiple language capacity.”

Cohen agrees that it is unclear from the announcement how inspections will be enforced. He questions whether the

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government’s history with regards to the TFWP is an indication of things to come. While the CIC website has a section for non-compliant employers since 2011, Cohen says he has yet to see one name on it. “Is this all a wink and a nod and employers will go on? We won’t know until some water is under the bridge, but there are procedures in place now, at least, for the government to be proactive in terms of compliance.”

Raper says the LMO system is flawed and the TFWP is a way for employers to hire cheap labour. “They really need to revamp the LMO system to ensure any jobs that are available are at a decent wage, with potentially some benefits, so that Canadians will take a look at those jobs and potentially fill them,” he says, advocating for more apprenticeship and training programs.

HIGHER BAR Cohen thinks that the recent changes bode well for both local and foreign employees. Not only does it put the onus on employers to demonstrate that efforts have been taken to train Canadian workers before looking beyond the shores, it also bolsters the protection of foreign workers.

Nonetheless, Raper contends that foreign workers can still be at risk of illness and injury, depending on the province where they are employed. Raper suggests that there are significant differences in workplace safety standards, citing the exclusion of foreign and domestic workers in Alberta’s agricultural sector from the Occupational Health and Safety Act as an example. “Any province that wants to get temporary

foreign workers should have some basic standards. And I would argue workers comp, health and safety [and] the right to unionize are basic employment standards.”

Meanwhile, recruitment firms are preparing clients in case they are targeted for inspection. Peter Veress, president of Vermax Group, which recruits foreign workers for large companies in the oil and gas and construction sectors in Alberta, says none of his clients has been inspected since the government announced the changes in June, although some have undergone a compliance review.

Veress advises his clients to comply with basic immigration and Service Canada rules, follow all labour standards and keep detailed documentation of their human resource efforts. Employers should also be prepared to answer questions such as whether they have participated in job fairs; developed partnerships with training institutions; offered internships; consulted unions regarding available labour; tried recruiting from under-represented groups; offered training opportunities to current employees; and targeted high-potential employees for advancement.

While Veress says the changes to the TFWP are unlikely to affect larger employers, they can create challenges for smaller employers with limited resources. “At the end of the day, there is a rule, and I think it’s incumbent on the private sector to maintain a certain integrity and protect all workers.”

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Carmelle Wolfson is assistant editor of

ohs canada.

Congratulations to the following OHS professionals who have recently been granted the Canadian Registered Safety Professional (CRSP)® Professionnel en sécurité agréé du Canada (PSAC)® designation.

Abdelmoneim, Mohamed Aikoroje, Abraham Allen, John Ambrosio, John Arslan, Ty Ballard, Allan Bararuk, David Barhurst, Brent Barrett, Kevin Bellisario, Elena Bondarenko, Svitlana Boxall, Leea Branicki, Linda Brown, Greg Brown, Jay Bryantowich, Dan Edward Bulbeck, Christine Burke, Chad Byrne, Trina Cain, Dallas Catallo, David Cattoi-Demkiw, Carolin Cheeseman, Bradford Chorabik, Peter Clark, Lindsey Clarke, Matthew Clarke, Wesley Clingersmith, Adam Comaren, Pamela Corbiell, Patrick Cormier, Paul Joseph Creelman, Stephen J Dales, Kimberly Davidson, Jaclyn Davis, Gregory

Davis, Jerad Deck, Daniel Dewar, David Dhaliwal, Kirnjeet Dixon, Treena Dziaduck, Darla Eberle, Ryan Evans, Jennifer Fagarasanu, Mircea Falguera, Victor Farooqui, Tahir Fisk, Bob Fraser, Mark Fraser, Scott Fudge, Lisa Gao, Xiao Shu (Angel) Gardner, Joel Gendreau, Roger Gillam, Andrew Gillis, Erin Ginter, Shellie Golbabai, Alireza Goodburn, Adrian Grande, Bernardino Grondzil, Tanya Guignard, Roland Hampson, Lara Hannon, David Hawkins, Tammy Henriquez, Angelo Hogan, Livia Holt, Michael Horbach, Nolan Hurley, Christopher Isber, Karen

Jakus, Osvald Jangizi, Roghieh (Rukky) Janke, Fred Jay, Michelle Johnson, Phillip Johnston, Michael Robert Kaci, Rafik Kerr, Duncan Khalil, Ibrahim Klein, Theressa Kon, Deborah Konate, Letenemeni Krill, Maureen Kuznak, Christine Lacey, David Lemieux, Julie Lerner, Nicole Leung, Michael Li, Vincent Lizotte, Brian Loodu, Gurjit Maddia, Sarah Maguire, Laura Martin, Chris McCarter, Philip McComber, Ken McCullagh, Michael McCullough, Rebecca McDonald, Susan McGovern, David McIntosh, Iain McKenna, Kimberley McMillan, Douglas Miller, Dale Mills, David

Moffatt, Tanys Mooney, Christopher Morrison, Peter Munro, Paulette Nagle, Shaun Nauss, Scott Neitling, Christopher Anthony Newhouse, Steven Noordhof, Yvonne Ogden, Aaron O’Neill, Kerri Osborne, Colin Park, Allan Paterson, Robert Penney, Todd Perras, Rick Pierce, James Powell, Ronald Pozniak, Darlene Rapp, Marilla Rettinger, Erin Rex, Sherry Lynn Rizvi, Syed Kamil Robichaud, Nicholas Romo, Jesus Armando Ross, David Rowe, David Russell, Amanda Ryan, Dylan Sakvarelidze, Giorgi Sanghera, Tejinder (Terry) Saunders, Keith Raymond Sazonova, Olga Schaumberger, Peter Sering, Melanie

The BCRSP is a self-regulating, self-governing organization accredited by the Standards Council of Canada to ISO 17024 (Personnel Certification Body) and by BSI Management Systems to ISO 9001 (Quality Management System).

Board of Canadian Registered Safety Professionals/Conseil canadien des professionnels en sécurité agréés 6519-B Mississauga Road, Mississauga, ON L5N 1A6 905-567-7198, 1-888-279-2777, www.bcrsp.ca

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Law Oct/Nov 2013.indd 47

Sherring, Terry Shyback, John Simeniuk, Christopher Simpson, Lindsey Singh, Gurdev Smith, Aimee Smith, Craig Smith, Dan Smith, Mike Sohani, Sunil Sokalski, Stephen Sonder, Theresa Spielmann, Brian Stack, Christopher Stojke, Edward Stoker, Stephanie Strachan, Jennifer Swan, Jason Traynor, Randy Urbanowski, Derrick Van Driel, Robin van Regen, Erin Vojtassak, Eduard Vuckovic, Nada Wagner, Andrea Walker, Andrew Wang, Yingying (Shirley) Wegernoski, Barbara Welling, Leslie Wells, Steven Wiebenga, David Williamson, Kathy Wu, Carmen

Board of Canadian Registered Safety Professionals

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2

ACCIDENT PREVENTION

LEAD EXPOSURE

4

Taking the Lead SAFE, NOT SORRY: Lead exposure is one of the leading causes of workplace illness across industries. While lead is present in homes and in the environment, the workplace may offer the greatest potential for exposure. As lead exposure can have adverse — even deadly — effects on human health, it is imperative that employers have preventive measures in place to keep workers out of harm’s way.

WHERE IT’S FOUND: In ancient times, the bluishgrey metal was typically used to make water-pipe systems and storage vessels. Up until about three decades ago, lead paint and emissions from cars using leaded gasoline were the top sources of exposure in Canada, notes information from Alberta’s Human Services in Edmonton. In 1990, Canada banned the use of leaded gasoline, but exempted race cars and some farming equipment from the ban.

Today, lead is most commonly found in batteries used in vehicles, in computers, as part of emergency systems in hospitals and in machinery such as forklifts, notes CAREX Canada, a national carcinogen surveillance program funded by the Canadian Partnership Against Cancer. Lead is also used in stained glass, x-ray shields, pesticides and ammunition.

WEAKEST LINKS: While lead has many industrial uses and is found in trace amounts everywhere in the environment, certain jobs and industries have a higher propensity for lead exposure. Workers who manufacture lead-based products or operate in battery recycling plants are at heightened risk.

Saskatchewan’s Labour Relations and Workplace Safety ministry notes that some duties or processes can affect how the chemical comes into contact with workers. They include those who work at firing ranges, repair radiators, make pottery and work in the aviation industry, where leaded gas is still being used.

Lead can also be inhaled from fumes generated from heated lead alloys, such as when soldering radiators, cleaning up shooting galleries or buffing, cutting or grinding materials containing the substance.

POINTS OF ENTRY: Inhalation of airborne lead dust or fumes and accidental ingestion are typically the ways in which exposure takes place. For instance, lead can be ingested after a worker who has handled lead touches his or her face, eats a snack or smokes a cigarette with contaminated hands.

While about five to 15 per cent of lead is absorbed by the body through ingestion, exposure through the skin does not usually occur unless there is a rupture in the body’s largest organ, such as a cut or a wound, information from Alberta Human Services notes. Lead that has entered the human body can accumulate in bones and remain for decades before being released into the bloodstream much later in life.

WIPED OUT: Sometimes, exposure can occur through unexpected avenues.

A paper entitled The Dirt on Shop Towels by environmental risk-assessment firm Gradient found that 26 different heavy metals were present in 90 per cent of laundered shop towels tested. The paper cautions that chemical residues can be retained in laundered towels, which go back and forth from the laundry to a variety of industries where they can pick up lead and other toxic heavy metals.

In an analysis of how lead levels in laundered shop towels compare with other more common sources of lead exposure, Dr. Robert Herrick, a senior lecturer on industrial hygiene from the Harvard School of Public Health in Boston, shows that manufacturing workers who use shop towels may be exposed to more lead than those working in battery plants or tin smelters.

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TELLTALE SIGNS: Knowing the symptoms of lead exposure can help employers and workers recognize them and respond accordingly.

Although symptoms are non-specific and can sometimes lead to misdiagnosis, some commonalities include signs of hypertension, a blue-grey pigmentation of the gums (commonly known as lead lines), motor weakness of the extremities and anemia, Saskatchewan’s Labour Relations and Workplace Safety notes.

It also cites gout and chronic encephalopathy (a brain disorder that causes poor balance, confusion, dizziness, hallucinations and speech and hearing difficulty) as among the health consequences stemming from lead exposure.

FIRST AID: If an employee has come in contact with lead, supervisors and co-workers can take preliminary measures to mitigate the danger before emergency responders arrive at the scene. The Canadian Centre for Occupational Health and Safety (CCOHS) in Hamilton, Ontario cautions surrounding workers to first ensure their own safety before attempting a rescue. But once the site is secured, a worker who has inhaled lead should be moved to an area with fresh air.

If the victim’s skin has been exposed to lead, the CCOHS advises that their clothing should be removed immediately and the excess chemical be gently brushed away. Eye contact can be especially damaging, so protective measures such as donning goggles and gloves must be taken. If the eyes are contaminated, they must be flushed with lukewarm, gently flowing water with the eyelids open. Lead dust can also follow a worker home by being transferred onto the boots, hair or clothing. In these cases, a doctor should be consulted as soon as possible.

GOOD RIDDANCE: Workers with elevated levels of lead must give their bodies time to purge the substance naturally. It is usually sufficient to prevent the worker from further exposure by temporarily changing their work activity to one that does not involve the substance or by controlling the exposure to lead, notes Lead: Preventing Exposure at Work from WorkSafeBC. On rare occasions, drugs may be prescribed to help the body get rid of unwanted lead.

PRE-EMPTIVE MEASURES: Before putting in controls to reduce exposure risk, an employer must first understand how lead is used on the job site. Tools, solder, old paint and weights are work items that may contain lead. Work Safe Alberta encourages workplace parties to assess their occupational environments and determine where lead is present, the tasks and products that involve the substance and how contact can occur.

This is followed by developing an exposure control plan, which should include written safe work procedures on how to minimize exposure and control the hazard, decontamination procedures, health monitoring and worker training. Good housekeeping, such as preventing dust from accumulating on surfaces and ceiling rafters, is also key. Lead products should be stored in a cool, dry and well-ventilated area and kept away from heat, direct sunlight and any potential ignition sources, the CCOHS notes.

Good housekeeping aside, WorkSafeBC recommends the following engineering controls to reduce exposure risk: • Using local exhaust ventilation to control the amount of lead in the air, while ensuring that ventilation systems are designed to remove lead dust effectively, do not interfere with work processes and do not increase lead exposure to other workers; • Enclosing a specific task or process that produces lead contamination; and • Modifying processes to reduce the amount of lead fumes or dust generated, such as using pressurized water to remove lead-based paint, instead of stripping it with a heat gun.

On personal protection, the CCOHS suggests that workers who are at risk use an air-purifying respirator approved by the National Institute for Occupational Safety and Health. Protective clothing, such as gloves, aprons, boots and goggles, can also help lower the chances of exposure. www.ohscanada.com

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ERGONOMICS

MUSCULOSKELETAL DISORDERS

Different by Design

By Jean Lian

M

en and women are not created equal. A study out of Toronto that seeks to identify gender differences in work-related repetitive strain injuries (RSI) found that 7.5 per cent of women reported sustaining occupational RSI, compared to 6.9 per cent for men.

The study by the Institute of Work and Health (IWH) in Toronto was based on Statistics Canada’s Community Health Survey from 2003 to 2005. More than 89,000 respondents who had worked at least one week in the past 12 months participated in the survey. “Our findings suggest that gender contributes to RSI risk in diverse ways based on job segregation, non-work exposures and possibly biological vulnerability,” says Dr. Curtis Breslin, lead researcher of the study and scientist with the IWH. The study found that age and the level of work stress are also contributing factors. Workers between 15 and 24 years old report the lowest levels of work-related RSI, while those in the 35-to-44 and 45-to“Gender 54 age brackets report the highest levels. The RSI rate among employees who hold stresscontributes ful jobs was nearly double that of those in low-stress jobs. to RSI risk Gender aside, provincial differences also matter. Male and female workers in British in diverse Columbia have a 29 per cent and 47 per cent higher risk of RSI respectively than those in ways.”

Ontario. “There’s something in that system that seems to be producing RSI at a higher rate,” Dr. Breslin says, noting that the province instituted ergonomic regulations in workplaces in the 1990s. “Maybe that sensitized the whole population to the issue.”

Dr. Breslin says findings show that employers should “think more broadly about what things might be impacting RSI in the workplace that can be non-work risk factors.”

COMPARING SECTORS While statistics from the Labour Force Survey of 2012 indicate that Canadian women made up 47 per cent of total employment numbers, “gender segregation in jobs continues to occur in the Canadian labour market,” the IWH study states.

It also notes that certain types of musculoskeletal and RSI symptoms are reported more frequently by working women than by men in industrialized countries.

Margo Fraser, an ergonomist and consultant with Margo Fraser Ergonomics Consulting Services in Calgary, says it is all in the biological makeup. “Testosterone is what supports muscle development,” Fraser says. “A woman working in the same job lifting the same thing is going to be working at a higher percentage of her maximum strength capacity in most cases, so you would expect there to be a higher risk of injury.”

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She points to several factors that determine RSI risk: the force required to do a task; duration of exposure; awkward posture; and duty cycle, which refers to the percentage of time the repetition is applied over the duration of the task.

“An awkward posture puts you in a position where you cannot generate as much force, or you have to use more force because you’re just not as strong in that position,” Fraser adds.

Brenda Mallat, an ergonomist with the Occupational Health Clinics for Ontario Workers (OHCOW) in Windsor, also cites vibration, which can cause damage to the soft tissue, nerves and the disc of the back.

Carrie Boyle, an ergonomist and health and safety consultant with the Infrastructure Health and Safety Association in Toronto, thinks that the term ‘musculoskeletal disorder’ is more appropriate than RSI, as the latter implies that such injuries involve repetitive movements, which is not always the case. While gender is not something to which she pays particular attention since she works mainly in male-dominated trades, designing hand tools to match the needs of workers with smaller hands is highly recommended.

“Reducing forces so that 75 per cent of the female population could manage them with minimal risk of developing a musculoskeletal disorder is definitely the direction we should move in,” Boyle advises.

Fraser points to the importance of assessing a workplace and determining whether it is a single- or mixed-gender job.

“You do have to make sure that you are designing for the lowest common denominator.”

Other variables, like the temperature of a work environment, should also be considered. “When you are working in a cold environment, the blood is shunted away from your extremities,” Mallat says. “If you’re not getting proper blood flow, it impacts how much you are having to grip, how much grip force you have.”

While it is important to understand workforce demographics and the type of work being performed, incorporating ergonomic considerations in the initial design process is critical. “That’s where ergonomics works very well,” Mallat says. “It can be a lot more cost-effective if you are doing these things upfront.” That requires looking at engineering controls, such as introducing automation and enhancing the physical configuration of a workstation.

Keeping the bigger picture in mind is also key. “In some cases, changes are made and you may just shift the risk from one group to another,” Fraser cautions.

Ultimately, resolving ergonomic challenges has to start with the head through education, Mallat says. “Our brains are what control our movements, so it could impact how we are moving, how we do our jobs from a physical perspective.”

Follow us on Twitter @OHSCanada

Jean Lian is editor of

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TIME OUT

SNAKES AND LADDERS: Police officers may be known nist for The Province took off her top as the mayor valiantly

for their love of donuts, but some have cravings more ailing than indulging in some chocolate glaze. A former Edmonton cop got into trouble after a night of heavy boozing at a company retreat when he cursed at a co-worker, then unzipped his fly and urinated on his colleague who was tucked inside a sleeping bag. After the court upheld the decision to fire the constable, the president of the Edmonton Police Association blasted the ruling, calling the judicial system “a game of Snakes and Ladders”, The Edmonton Journal reported on August 20. If the game being played is indeed Snakes and Ladders, it would serve the officer well to stow away his snake.

NO RECEPTION: It seems that the toughest task for

teachers today is no longer getting kids to quit passing notes in class; it is persuading them to turn off their cell phones.

A recent decision by the Elementary Teachers’ Federation of Ontario may give teachers in the province some relief from those annoying beeps and buzzes. The teachers’ federation voted to ban cellular devices in classrooms this past August, CBC News reports. If telling students that using cell phones in class is a distraction to learning does not work, teachers have got another go-to: it could kill you. The teacher’s federation claims that the radiation emitted from cell phones needs further research, as it could pose a workplace hazard.

GREAT EXPECTATIONS: If the idea of a cronut burger

— a croissant-donut hybrid — does not make you sick to your stomach, then the bacteria in the maple bacon jam certainly could. More than 200 people reportedly fell ill after eating at the Epic Burger booth at the Canadian National Exhibition in Toronto in August. Public health officials determined that the food poisoning was caused by Staphylococcus aureus bacteria in the sickly sweet topping, Global News reports. This epic burger has since been ushered into its grand finale and removed from the menu.

focused his attention on the conversation. Apparently, the mayor was in on the joke to draw attention to Go Topless Day, which took place on August 25. The female columnist who bared it all on camera reportedly did so to show that women in Canada have the legal right to expose their chests, just as men do. If the mayor intends to make a political statement about women’s equality in the future, he might be well advised to hold a conventional press conference to get media exposure — no pun intended.

EXTRA TOPPINGS: A traveller buying a sandwich at a

restaurant in Atlanta’s airport got more than he bargained for when the white specks on top of the sandwich, which he thought were Parmesan, turned out to be maggots, WSB-TV reported on August 7. The sandwich with live, organic protein topping was apparently not the hottest item on the menu at the café, which reportedly switched bread vendors after the incident. Atlanta Department of Aviation officials distributed ultraviolet lights to restaurants in the airport to inspect food shipments. One more reason why weary flyers should steer clear of airport food.

ON AUTOPILOT: Increased use of automated technology on aircraft could be leaving a bit of rust on pilots’ stick-andrudder skills. While cockpit automation has been a boon in relieving pilots from mundane chores, younger pilots might be logging thousands of hours without ever sitting in the driver’s seat, an article published in The Economist noted in August. Instead of physically flying the aircraft, pilots are spending their time in the air programming and monitoring various equipment to make sure that they are functioning properly. The lack of situational awareness and reliance on airplane automation, instead of trusting one’s skill and judgement, is another validation of man over machine.

CATTY OVER FISH: Three more women were charged ANGELS FROM HELL: A gang of criminals trying to for pummelling a waitress who served the wrong order at

embezzle explosives from their employer and mobsters threatening co-workers have all the makings of a film starring Al Pacino, except the lead in this tale is the owner of Xtreme Mining and Demolition, a potash mining and demolition outfit in Saskatchewan. After a Hell’s Angels member threatened to hurt a co-worker if he ratted him out for sleeping on the job, the owner fired the belligerent napper and instituted a policy that bans gangsters from his company, The Star Phoenix reported on August 24. Saskatoon police warned the owner that his life was in danger after he was attacked by one Hell’s Angels member and intimidated by another when he refused to give the latter a ticket to work with explosives.

Balls are certainly not wanting in this employer who dares to take the angels from hell to task.

MAMMARY MAYOR: The mayor of Kelowna, British Columbia has come under fire for chatting on camera with a bare-breasted blogger, CBC News reported on August 23. In a video interview with Mayor Walter Gray, the female colum 54

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a Red Lobster restaurant in St. Louis, Missouri. The latest charges came days after a woman of the group was charged for assault and mob action, the Associated Press reported on August 29. The incident occurred in December of 2011 when the waitress said she would right the wrong and make the order complimentary. As the server was walking away, one of the ladies called her a profane name. A vicious cat fight ensued and the four-against-one attack resulted in the waitress sustaining a swollen eye and cuts on her nose and forehead.

CHOSEN SPOT: A cop in Tennessee is in deep doo-doo for trying to stop a turkey from answering nature’s call on a police cruiser. When the officer failed to make the turkey change its mind on the chosen location, he decided to fire a shot into the air in a remote wooded area. The officer was reprimanded for the bird-brained act, as shooting a gun to scare off a turkey is not proper police procedure, The Huffington Post reported on August 30.

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