Manitoba s New Workplace Safety and Health Regulation

Transcription

1 NOVEMBER 2010 Vol.1 No.14 What s Inside NEW Online Excavation Notification and Permit System 5 Prosecutions 4 Safe Work Tips Ladder Safety 6 What s New 7 What s Happening 8 Manitoba s New Workplace Safety and Health Regulation Changes to the Workplace Safety and Health Regulation, announced by the provincial government in October 2010, include a new requirement to protect workers from psychological harassment in the workplace. Manitoba now joins other provinces such as Ontario, Saskatchewan and Quebec in requiring employers to provide protection from such harassment, Labour and Immigration Minister Jennifer Howard said. This builds on current measures that protect workers from harassment based on age, race or gender, and ensure workplaces are respectful and safe for everyone. Continued on page 2 This information available in French/ Cette information existe également en français au: For further information please contact the Workplace Safety and Health Division Publications Mail Agreement # Return undeliverable Canadian addresses to: Manitoba Labour and Immigration Workplace Safety and Health Division York Ave. Winnipeg MB R3C 0P8 1

2 2 Continued from page 1 This new requirement will address psychological harassment, such as intimidation, bullying and humiliation. Reasonable day-to-day actions, or disciplinary actions, taken by managers or supervisors to manage workplaces and workers are not harassment. Several other amendments are included in the new regulation. Most are based on recommendations made by the Advisory Council on Workplace Safety and Health during a recent review of The Workplace Safety and Health Act. One amendment responds to a recommendation made following the inquest into the 2000 death of a Manitoba worker at Hudson Bay Mining and Smelting Company, Limited in Flin Flon. The remaining technical changes were identified through discussions with stakeholders. Overall, the new regulation will: require employers to deal with issues of psychological harassment in their workplaces provide clearer direction to employers and workers on the steps necessary to control workplace hazards apply a variety of technical changes in areas including personal protective equipment and standards for rigging Timing To provide enough time for employers and workers to become familiar with and comply with the updated requirements, existing workplace safety and health regulations are to be followed until the new regulation takes effect on February 1, Regulation Highlights Harassment The updated regulation broadens the definition of harassment to include psychological harassment. This includes: objectionable conduct that creates a risk to the health of a worker if it infringes on human rights and freedoms severe conduct that negatively affects a worker s psychological or physical well-being if it could reasonably cause a worker to be humiliated or intimidated Objectionable or severe conduct includes a written or verbal comment, a physical act, gesture or display, or any combination of these. Reasonable conduct of an employer, manager or supervisor in managing and providing direction of workers or the workplace is not considered harassment. Systematic Approach to Hazard Control There is a strong emphasis on the requirement for employers to follow a systematic approach to eliminating or controlling workplace hazards. In order of preference, workplace hazards should be addressed through the following methods: 1. eliminating the hazard through redesign of the workplace or work process, or through use of engineering controls 2. controlling the hazard through redesign of the workplace or work process, or through use of engineering controls 3. putting safe work procedures into action 4. ensuring workers wear/use personal protective equipment

3 In part, this approach to hazard control is a result of a recommendation made in the report on the inquest into the death of a worker, which occurred as a result of an explosion at the workplace. The report recommended that a precise order of controlling hazards should be recognized in occupational safety and health legislation. Technical Changes Technical and administrative changes clarify a number of regulatory requirements and ensure that technical sections in the regulation are consistent with current CSA standards. Some examples of the technical and administrative updates include: All workers on construction sites are required to wear hard hats. Crane lifts involving more than one crane must be planned according to the CSA standard for multiple crane lifts. Rigging mechanisms must meet the specifications of a variety of technical standards. Workplace safety and health committees are required to conduct an inspection of the workplace before each regularly scheduled committee meeting. A fall protection system is required for existing residential roof work if the roof pitch is 4:12 or greater. Support structure requirements for excavations and trenches are clarified to ensure employers are aware of their responsibilities. WSH Division Publications The Workplace Safety and Health (WSH) Division is updating publications affected by the new regulatory requirements and developing new resources. As they become available, all publications will be posted on the SAFE Manitoba website These documents will also be printed in limited quantities. To obtain a copy, call the WSH main switchboard ; toll-free Please note: Printed copies provided by WSH will be limited to two per workplace/ safety and health committee. New and updated WSH publications will include: harassment prevention brochure SAFE Work bulletin on the new regulatory requirements SAFE Work bulletin on harassment prevention requirements SAFE Work Guideline for Preventing Harassment and Violence in the Workplace sample harassment prevention policy worksheet additional SAFE Work bulletins Training The WSH Division will also offer a new one-day training program on preventing violence and harassment in the workplace. See What s New in this newsletter for more information. 3

4 We provide the following information to inform and educate both employers and workers in Manitoba about the outcomes of contraventions of The Workplace Safety and Health Act, in the hope that they will learn from the experiences of others. Any similarity between the names of those charged and those not connected with the infraction or operation are coincidental. Recent Prosecutions Company: Wheat City Sandblasting & Painting Ltd. Amount: $30,050 Date of penalty: January 7, 2010 A worker suffered severe trauma to his head as a result of being blasted by high pressured silica sand when the nylon couplers connecting the sandblasting hoses came apart. The company was fined for failing to ensure that a worker used procedures to minimize the risk to safety while sandblasting a tanker. Company: Canadian Tool & Die Ltd. Amount: $33,000 Date of penalty: April 1, 2010 A worker s left thumb was crushed and partially amputated after it was caught between the moving parts of a hydraulic press machine. The company was fined for failing to ensure that a worker used procedures to minimize risk to safety while operating a hydraulic press machine. Company: Western Scrap Metals Inc. Amount: $42,050 Date of penalty: June 10, 2010 A worker s middle finger was amputated and thumb cut when the worker s right hand contacted an unguarded saw blade. The company was fined for failing to ensure that a worker used procedures to minimize risk to safety while changing the blade on a table saw. Company: St. Boniface Pallet Company Amount: $42,100 Date of penalty: July 15, 2010 A worker s middle finger was partly amputated when the worker s left hand contacted an unguarded cutting blade. The company was fined for failing to guard a chamfer beveller, failing to ensure the worker used proper procedures, failing to conduct a job hazard analysis for the use of the chamfer beveller, and failing to develop and apply safe work procedures for machinery in the workplace, including the chamfer beveller. 4

5 Company: Grandeur Housing Amount: $42,050 Date of penalty: July 15, 2010 A worker s left thumb was partly amputated when the worker s hand contacted an unguarded, rotating saw blade. The company was fined for failing to conduct a job hazard analysis for the use of the table saw. Company: Dreamcraft Carpentry Amount: $30,000 Date of penalty: September 30, 2010 A worker suffered a fractured right heel, sprained/bruised knees, lacerated left knee and sprained left wrist when the worker fell through an open stairwell. The company was fined for failing to ensure that a worker used procedures to minimize risk to safety while sheeting a deck. Company: Marv Kornelsen Construction Ltd. Amount: $42,050 Date of penalty: September 30, 2010 A worker suffered a fractured vertebra and damaged spinal cord when the worker lost his footing and fell approximately 25 feet from a roof to the ground. The company was fined for failing to provide necessary fall protection systems. Company: AGP Management Inc. Amount: $36,050 Date of penalty: September 30, 2010 A worker suffered a fractured vertebra and damaged spinal cord when he lost his footing and fell approximately 25 feet from a roof to the ground. The company was fined for failing to ensure that Marv Kornelsen Construction Ltd. provided the necessary fall protection systems. New Online Excavation Notification and Permit System The Workplace Safety and Health Division (WSH) is pleased to announce the development of a new online system for employers/contractors to notify WSH of the intent to begin excavation work and to obtain a registration number. Employers must notify WSH and request a registration number no more than 48 hours before the day the excavation work is scheduled to begin. This process applies to excavations that will be more than 1.5 metres deep in which a worker is required or allowed to enter. The online notification and permit system is now available on the SAFE Manitoba website, at: safemanitoba.com/view/ forms/excavationpermit.aspx. Once all required information has been entered online by the employer, a permit number will be assigned to the excavation and the employer will be able to print the information for their records. This online system is operational 24 hours per day, seven days per week. Employers may also continue to notify WSH of their intent to excavate via the current Ex-Fax system or by calling WSH at (Winnipeg) ; toll-free (in Manitoba)

6 LADDER SAFETY Falls from ladders are a leading cause of fall-related fatalities and injuries. Safe: checking for overhead power lines inspecting the ladder for defects before use placing the ladder on a solid, level surface placing the ladder base one foot out for every four feet up securing the ladder at the bottom and top maintaining three-point contact on the ladder keeping your body within the side rails Unsafe: standing on the top two steps of a stepladder leaning to one side or over reaching using a ladder that is damaged in any way having more than one person on a ladder Before Using a Ladder Check the condition: Do the rails have cracks, checks, bends or defects? Are there broken, missing, greasy or muddy rungs? Are all braces and locks engaged? Are the feet worn or broken? You should always maintain a 3-point contact! Height Check the location: Stay away from overhead power lines. Place the ladder base on a solid, level surface. Check for anchor points at the top and bottom of the ladder. Make sure the top of the ladder rests against a stable surface. 1/4 Height Extension ladders should extend one metre (three feet) above the top of the surface they rest against when used to access a work area. Use the right ladder for the job: Select a ladder that is CSA or ANSI approved for the intended use. 6 Find more safe work tips at safemanitoba.com. Go to Prevention Materials on the selection bar and click on Bulletins.

7 What s New: 1. New WSH Training Program Preventing Workplace Harassment and Violence Register now for this ½-day intro session. Managers and staff will learn about requirements under workplace safety and health legislation, including a new regulation addressing psychological harassment (effective February 1, 2011). These introductory sessions will preview content to be included in the new training course. The full-day training course to be offered starting March Please register in advance. Provide your name, company name, phone number and session date safetytrng@gov.mb.ca All sessions will run from 8:30 a.m. to noon Brandon - November th Street (Provincial Building) Lower level training room, B8 Winnipeg - November York Avenue (Norquay Building) 6 th Floor conference area, Room 610 Brandon - December th Street (Provincial Bldg.) Lower level training room, B8 Winnipeg - December York Avenue (Norquay Building) 2 nd Floor training room, Room Revised WSH Training Programs Safety and Health Program Development Safety and Health Committee Basics 3. New/updated WSH SAFE Work Bulletins Safe Patient Handling (Bulletin No. 268) CO2 Gas Cylinders (Bulletin No. 269) Hiring New Workers Resources to Assist You (Bulletin No. 271) Workplace Safety and Health Regulation Amendments (Bulletin No. 274) Preventing Workplace Harassment (Bulletin No. 275) 4. Recently developed or revised guidelines Scaffolds and Other Elevated Work Platforms (New) Additional guidelines are under development. Please check the SAFE Manitoba website ( for new and updated publications. 7

8 What s Happening: Events Safety Services Manitoba - Occupational Health and Safety Conference January 19 and 20, 2011 Victoria Inn, Winnipeg For more information and registration, go to: Manitoba Construction Conference February 1 and 2, 2011 Winnipeg Convention Centre For more information and registration go to: Reminder Call before you Dig For a list of utilities to contact, visit: callb4udig.mb.ca Published since 1982 by: Manitoba Labour and Immigration Workplace Safety and Health Division York Avenue, Winnipeg, Manitoba R3C 0P8 Editor: Darlene Muise Phone: Fax: darlene.muise@gov.mb.ca Circulation One copy distributed to all workplaces in Manitoba at no charge. If you wish to be placed on the mailing list call Permission to copy You may copy these articles and stories. Please credit this newsletter. Letters/ s/Faxes to the editor We welcome responses to information published in this newsletter as well as suggestions for future articles. Provide your comments to the editor of Safe Work: darlene.muise@gov.mb.ca Publications Mail Agreement # Return undeliverable Canadian addresses to: Manitoba Labour and Immigration Workplace Safety and Health Division York Ave. Winnipeg MB R3C 0P8 8