Accident Prevention e-News
June 2006
Volume 1/Issue 1/June 2006


In this Issue:

accidentprevention.ca

Court Awards $1 Million for Mental Suffering

A $1 million court award to a former employee of a BC RCMP detachment for mental suffering has employers sitting up and considering their own potential liabilities.

The BC Supreme Court decision—possibly Canada’s largest to date for mental suffering—ends a former RCMP officer’s 10-year fight for damages. In her lawsuit, the officer claimed that her immediate supervisors harassed her to the point of clinical depression, and that she had no choice but to accept a medical discharge even though an internal review had already found in her favour. Furthermore, claimed the lawsuit, the employer was liable because it didn’t do enough to prevent the harassing conduct of one supervisor in particular, breaching an implied term in her employment contract to provide a harassment-free workplace.

Among the more disturbing findings of the court after hearing the case: the supervisor felt he had been operating in the best interests of the detachment. “The evidence does not demonstrate that the [supervisor] deliberately set out to harass the plaintiff and drive her from the RCMP,” reads the decision. “His motivation throughout was concern for the proper functioning of his detachment.” Furthermore, “his conduct does not demonstrate willful or reckless disregard for the plaintiff’s mental health.” The decision attributes his actions instead to “his experience of the paramilitary command structure of the RCMP.”

It’s not surprising, then, that the supervisor denied that his behaviour could be one of the causes of the plaintiff’s problems.

The harassment took place over a 20-month period ending in February 1996. There was no single triggering event, notes the decision, but instead a series of incidents that took place over “a substantial period of time.” Compounding the harassment is who perpetrated it: the officer’s own superiors.

The psychological fallout

A neurophysiologist who assessed the officer supported earlier assessments of chronic depression. He also concluded that at best she might be able to perform small, uncomplicated tasks on a part-time basis, in a stress-free environment, “but most probably not in the context of the marketplace.” Furthermore, his assessment says, “she will always require the support of medical and mental health specialists.”

Among this and other considerations taken into account when setting damages, the court acknowledged that the officer’s condition “has had a severe impact, not only on her ability to work, but also on the extent to which she can enjoy her life and function as a member of her family and her community.”

The award

The court awarded the officer damages of $950,000 plus legal fees, as follows: $225,000 for past wage loss, $600,000 for future wage loss, and $125,000 for general damages.

Speaking of the RCMP in a subsequent interview with the CBC, the officer said, "I would hope they take everything much more seriously and deal with the offender rather than punish the victim."

Taking stock

The extent of the officer’s suffering, the high value of the award, and the supervisor’s failure to recognize the effect of his well-intentioned but inappropriate behaviour indicate that workplaces have much at risk if they’re not actively promoting a physically and psychosocially healthy workplace.

It’s in employers’ best interests to create such an environment. IAPA offers a number of tools to assist.

Training

Consulting

Free downloads

--> Unsafe Machine Operation

While inspecting a pasta-shaper machine a worker slips and his coverall sleeve catches in a moving bar, which drags the worker's arm into the bar. The worker suffers broken ribs, multiple fractures to the arm and jaw, and the loss of several teeth. Employer fine: $75,000. A worker adjusting a part in a punch press loses four fingers when it unexpectedly cycles downwards. Employer fine: $60,000. When both arms are caught in a bottle rinsing, capping and filling machine, a worker suffers a broken arm and two injured fingers. Employer fine: $65,000. On his first day operating a punch press, a worker loses a finger up to the second knuckle after reaching into the press area and inadvertently hitting a control lever that brings the ram down. Employer fine: $55,000.

These are among the over 4,000 machine guarding and crushing incidents occurring every year in Ontario. Among the causes: missing guards, inadequate procedures, and lack of training. The common denominator: all are preventable.

An upcoming IAPA/CSA technical conference offers workplaces the tools and expertise to fight back against machine hazards. Delegates who attend the 2006 IAPA/CSA Machine Safety Conference, June 21-22 in Mississauga will learn about

  • legal liabilities regarding worker safety
  • risk assessment methodologies
  • machine guarding, including circuit hierarchy
  • lockout procedures in line with CSA Z460-05
  • strategies for developing a safety culture
  • basic requirements for integrated manufacturing systems

Presenters will also review case studies and share best practices, and each delegate will receive copies of CSA machinery safety standards.

Free hazard assessment forms

Download free forms that help workplaces assess hazards posed by 13 machines and processes commonly found in manufacturing workplaces:

Consulting, Assessments and Training

 

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Signs of Summer: Young Worker Safety Campaign

As the last spring flowers start to fade, another seasonal marker is popping up: the Workplace Safety and Insurance Board’s annual young worker safety awareness campaign.

Radio, web banner and poster ads on public transit and at convenience stores highlight the true stories of three young people seriously affected by a workplace tragedy. The campaign makes youth more aware of workplace risks, and educates them about their rights and responsibilities, as well as those of their employers.

Between 2000 and 2004, young workers accounted for one in five of Ontario's lost-time and no-lost time claims. This works out to an average of 42 young Ontario workers (ages 15-24) injured, made ill, or killed on the job every day. That's almost two young workers injured every hour, and according to the Ministry of Labour it's often because of what they didn't know.

Employers take note: the Institute for Work & Health reports that workers are five times more likely to have a lost-time injury in the first month than at any other time. If you have new hires—young workers or otherwise—now’s the time to make sure you’ve got everything in place to keep them safe.

The institute’s research indicates that workers often receive neither orientation nor health and safety training in their first year with a new employer. Statistics Canada corroborates this. The 1999 Workplace and Employee Survey indicates that only 17 to 21 percent of workers in their first 12 months with a new employer received any type of safety training.

Is it really possible that so few workers received training?

In some instances, management and supervisors may have thought they provided sufficient training, explains Sue Boychuk, coordinator of health and safety for young workers with Ontario’s Ministry of Labour, but the workers may not have clearly understood or realized what they were being told was intended to be safety training. She says people in a position of authority may use terminology that a worker is unfamiliar with, or they may assume a worker knows what they are talking about when, in fact, the worker really didn't understand.

Factoring supervisors into the equation

The people in the best position to provide this care and guidance are supervisors. They

  • are most likely to have regular, ongoing contact with workers
  • have an obligation to their employer to ensure work is performed well
  • have a legal obligation to ensure it’s done safely.

The first step is to ensure supervisors are competent. They need to understand the law and their workplace's safety practices before beginning to train and supervise others. The Canadian Centre for Occupational Health and Safety identifies three competencies that supervisors require to meet these duties. To be considered competent by law, supervisors must

  • be qualified by knowledge, training or experience to organize work and its performance
  • know the laws and regulations that apply to the job, and
  • know the potential and actual hazards in the workplace.

The centre recommends that, before training young or new workers, employers and supervisors consider whether the work to be done is suitable for them. For instance, avoid assigning jobs that require

  • long training times or a high degree of skill
  • a great deal of responsibility
  • critical or risky tasks, such as working with hazardous chemicals, and/or
  • working alone.

Proceeding beyond this point, supervisors must make sure new/young workers get the introductory and ongoing training they need. Sue Boychuk suggests creating an atmosphere where workers feel free to ask questions:

  • Start at the beginning and create a context for what you intend to explain.
  • Have workers repeat back what you have said or demonstrate what you have explained.
  • Demonstrate work practices/safety procedures whenever possible. Visual cues are easier to remember.
  • Invite questions and pay attention to body language. Does the worker look like he or she understands?
  • Ensure the worker understands everything. Go over it again if necessary.

Manitoba's Workers Compensation Board offers the following suggestions for supervisors of young workers in an online fact sheet:

  • Spend more time explaining the job, providing training and supervising young and new workers.
  • Set and explain safety rules and ensure everyone follows them.
  • Ensure all hazards are explained and thorough job-specific safety training is provided before the work is assigned.
  • Explain the importance of prompt reporting of unsafe conditions and health and safety concerns. Ensure they know it is a priority for you and tell them how to report the hazard so you can act on it immediately.
  • Make yourself available to answer questions and provide advice.
  • Lead by example: wear required protective devices and always reinforce safety on the job.
  • Establish and maintain open lines of communication.

Other suggestions include

  • introducing new or young workers to health and safety representatives such as the HS manager and safety committee
  • putting stickers on equipment warning young workers when it shouldn't be used without training or supervision, and
  • pairing up a young worker with an experienced, safety conscious one. Experienced workers can help ensure that young and new workers understand their rights to know about workplace hazards, participate in workplace health and safety, and refuse unsafe work.

Once initial training has been provided, a supervisor’s job is not over. “You need to watch how the job is performed,” notes Boychuk. “Supervise any new tasks, provide feedback and keep close by so that the worker can ask you questions.” Young workers may like independence and enjoy a challenge, but they also desire role models they can look to for guidance along the way.

While supervisors play a strategic role in new and young workers' safety, they can't do it single-handedly. Research suggests that a strong organizational safety climate may be the best way to keep workers safe. What is the norm in your workplace? Are supervisors committed to safety? Do they have access to training and resources needed to meet their obligations? Are workers aware of the supervisors' commitment, and is it followed up with policies, procedures and practices that support a safe workplace, or do workers just go about their business believing their job may not be safe?

“Enforced health and safety policies are very important,” says Breslin, “especially during the first two months.”

It’s not just about reducing injuries and illness in our workplaces; it’s about establishing a better health and safety paradigm for the employers, managers and supervisors of tomorrow.

Give us more training, young workers say

Employers who offer safety training and encouragement to young workers would be reaching an appreciative audience, according to the results of a national survey in 2003. The survey of 1,018 working youths was sponsored by the Association of Workers' Compensation Boards of Canada (AWCBC).

Seventy-four percent of young people aged 15 to 24 across Canada indicated they want more workplace health and safety information and training, and would use this information if it was provided in the workplace.

Of those surveyed, only 40 percent reported receiving health and safety training before starting their job or within the first week of work, and only half found the training comprehensive. One message that came out of the forum was young workers’ commitment to ensuring they receive one-on-one training from qualified supervisors.

Given that new workers are five times more likely to become injured in the first month, says Sue Boychuk, new worker hiring for all ages needs to be more diligent and carefully planned. Supervisors can’t assume new or young workers know anything about the workplace or its equipment, processes and procedures. “Make sure everything is explained," she says. "Show them how the job is done safely. Don’t just talk about it.”

How IAPA can help

First 4 Weeks, IAPA’s interactive health and safety orientation and training kit that provides supervisors with tools, training materials and a process for training new, inexperienced workers. The kit guides supervisors through four simple steps. Available in web-based and CD-ROM formats.

Free downloads:

  • Protecting Yourself — Tips for Young Workers
  • Your Teen at Work — Tips for Parents
  • Employing Young Workers — Tips for Employers
  • Employing Young Workers — Tips for Supervisors
  • Quebec City Protocol — principles, prerequisites and measures for integrating occupational health and safety (OHS) competencies into vocational and technical education (also available in French)
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the Heat

If your workplace heat stress plan is still wrapped in last fall’s cobwebs, consider the past week’s high temperatures as an early warning signal of what’s to come.

Not concerned? Don’t let public or your own statistics give you a false sense of security. Here’s why:

  • dying from heat stress on the job may be a rare occurrence, but the low numbers mask the real threat that heat stress can have on safety performance and productivity. Hot environments lower workers' mental alertness and physical performance. A single worker suffering from a heat-induced illness can jeopardize the safety of an entire crew, and compromise organizational productivity.
  • many workplaces don’t track incidents or near misses as a consequence of workers suffering from heat stress. Part of the problem is that workers—seasoned or otherwise—often consider extreme heat just part of their job.

IAPA talked to two foundries, an industry sector considered to be among the hottest of the hot, about how they handle heat stress hazards. But first, a brief look at human physiology.

How our bodies cope with heat

"Heat stress" is the net (overall) heat burden on the body from a combination of

  • body heat generated while working
  • environmental sources (air temperature, humidity, air movement, radiation from the sun or hot surfaces/sources), and
  • clothing requirements.

Most people feel comfortable when the air temperature is between 20°C and 27°C, and when relative humidity ranges from 35 to 60 percent. When air temperature or humidity is higher, people feel uncomfortable. Heat illness occurs when the body can’t adjust to additional heat.

As the environment warms up, the body tends to warm up with it. Our internal thermostat maintains constant inner body temperature by pumping more blood to the skin and by increasing sweat production. Under normal circumstances, the body increases the rate of heat loss to balance the heat burden created by the environment. In a very hot environment, the rate of "heat gain" exceeds the rate of "heat loss" and the body temperature begins to rise.

A rise in the body temperature can result in the following heat illnesses, listed in order of severity:

  • heat edema
  • heat rash
  • sunburn
  • heat cramps
  • fainting
  • heat exhaustion
  • heatstroke

Workplaces at risk

Operations more prone to heat stress than others include those featuring high temperatures, radiant heat sources (e.g., a furnace), high humidity, and direct physical contact with objects or strenuous physical activities while working in these conditions. Typical industrial workplaces include iron and steel foundries, nonferrous foundries, brick-firing and ceramic plants, glass products facilities, rubber products factories, chemical plants, and smelters.

Employers are bound by occupational health and safety legislation to take every precaution reasonable in the circumstances for the protection of a worker. This includes developing policies and procedures to protect workers in hot environments due to hot processes or hot weather.

The keys to keeping heat stress illness at bay are heat stress air monitoring, engineering controls, administrative controls and personal protective equipment (PPE). The latter needs special consideration because adding PPE to an already hot environment can add more heat stress to the worker.

How hot is hot?

Monitoring heat in the workplace with technological equipment is arguably the best way to objectively know how hot it actually is.

Many people use the Humidex to gauge how hot it feels because it takes into account the effects of actual temperature and relative humidity. However, the Humidex is best used as a comfort factor, not a safety factor. It does not take into account wind speed, radiant heat from objects, or body cooling due to sweat evaporation.

Operations that involve consistently overbearing heat conditions often rely on heat stress monitors. These devices range from personal monitors, which measure heart rate and/or body temperature for the onset of heat stress, to area heat stress monitors, which can provide simultaneous protection for groups of workers.

Wayne Keayes, a distributor who has years of experience with and knowledge of heat stress technology, explains that “heat stress monitors give you an objective heat stress reading. Based on what the workers are doing it can quickly be determined if the environment is safe and, conversely, when companies should send its workers home.”

Johnson Matthey Limited refines precious metals such as gold and silver into bars. The chemical processes involved produce high levels of humidity, and require front-line workers to be covered from head to toe in rubber PPE. Monitoring the heat and humidity levels is always a concern, and an integral component of the company’s heat stress program.

The company recently calibrated a new area heat stress monitor to replace hand-held personal monitors because it is better equipped to provide data collection and information 24 hours a day. Says Linda Szelli, HR manager, “Individuals have their own tolerances to different temperatures but this equipment will allow us to hand over data to workers as part of our education process. We are very responsive to our workers, so if some are not tolerating the heat we make accommodations for them.”

James McGeough, health and safety and environmental manager, Grenville Castings Ltd., agrees that a flexible and responsive heat stress program is critical to keep employees safe and satisfied. “Maybe today the worker can’t take the heat. Is a reading of 28 good or bad? What is okay for you but not okay for me?”

For the uninitiated a foundry can be a hellish place to work—much like a fiery dragon bearing down on you. The double whammy of searing heat and high levels of humidity, explains McGeough, “will make you feel hotter than you ever thought possible.”

As part of its goal to keep workers as productive and comfortable as possible, Grenville Castings uses a number of engineering and administrative controls to keep heat stress hazards at bay:

  • shields and reflective barriers from radiant sources of heat.
  • reducing the temperature and humidity through air cooling.
  • switching from winter mode to summer mode in early spring, which includes increasing the amount of ventilation and adding more floor fans. “We have so much ventilation,” confesses McGeough, “that you almost need seat belts.”
  • providing air-conditioned rest areas.
  • providing cool work areas.
  • reducing physical demands of work task through mechanical assistance (e.g., hoists, lift-tables).
  • posting clearly written standard operating policies on how to treat symptoms of heat stress.
  • providing plenty of Gatorade and water stations for worker hydration. Workers should be drinking every 20 minutes. McGeough reminds the workers, “If you’re not peeing, you're not drinking enough water.”
  • acclimatizing workers. It usually takes workers eight weeks to become fully acclimatized.
  • revving up the company's educational program about heat stress to workers.
  • providing lighter coloured uniforms.

The company also watches workers for sudden changes in behaviour. “A worker may not realize he’s being affected," says McGeough. "If someone who is normally calm and cool becomes irrational and short-tempered, we must consider that he might be suffering from heat stress and get him off the floor.” A speedy response is essential because, as McGeough notes, “it’s only a short time before the worker could be in serious trouble. Part of our vigilance includes the buddy system where supervisors and co-workers keep a close eye on one another.”

Administrative controls for heat stress

The following easy to implement, low- or no-cost administrative controls can offer your workers added protection against heat stress.

  • assess the demands of all jobs, and have monitoring and control strategies in place for hot days and hot workplaces
  • reduce the physical demands of work by using hoists, lift-tables, and other related devices
  • increase the frequency and length of rest breaks
  • schedule strenuous jobs for cooler times of the day
  • assign additional workers or slow down the pace of work
  • make sure workers are properly acclimatized
  • ensure that pregnant workers and workers with a medical condition discuss working in the heat with their doctor
  • ensure first aid responders and an emergency response plan are in place in the event of a heat-related illness
  • caution workers to avoid direct sunlight
  • investigate any heat-related incidents

Smart choices: what workers can do

Here’s what workers can do to minimize the discomfort and hazards of excess heat:

  • don’t drink coffee because it can cause dehydration
  • avoid large lunches (your blood will concentrate around your digestive system and compromise your body’s ability to sweat)
  • if spending time outside, avoid extended exposure to the sun
  • avoid smoke breaks outside on hot days
  • watch your consumption of alcohol the night before since alcohol can also cause dehydration.

A proactive and comprehensive heat stress program is a good investment not only for the existing workforce but also for incoming workers. Johnson Matthey Limited's Linda Szelli sees the addition of its new monitor as an important part of meeting the expectations of a younger work force. Szelli observes, “The amount of work going through the refinery is increasing and there are longer hours. We are mindful of a younger generation coming in who are very knowledgeable about their rights. We have to be responsive to a changing workplace.”

Education and responsiveness are the hallmarks of their successful heat stress program, which is indicative of the good relations the company shares with the unions. After all, slaying the dragon means closing ranks against the beast at hand.

Putting IAPA to work

Occupational hygiene consulting: IAPA’s technical consulting services can help you recognize, assess and control heat stress hazards to make your workplace healthier. IAPA can also develop customized courses and in-plant training materials on heat stress.

Heat Stress fact sheet: a 4-page document including a one-page chart of symptoms, causes, treatment and prevention of heat-related conditions. Plus, a discussion of engineering and administrative controls, and personal protective equipment.

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Newsmakers

Anti-smoking advocate Heather Crowe succumbed to lung cancer on May 22. Crowe came to public attention in a TV commercial that attributed her illness to exposure to second-hand smoke at work. The non-smoker had worked as a waitress in an Ottawa restaurant for 40 years. Crowe had earlier come to the attention of the health and safety community after Ontario’s Workplace Safety and Insurance Board recognized her claim for workers compensation. On May 31, the Smoke Free Ontario Act banned smoking from almost all workplaces…

Thunder Bay firefighter Joe Adamkowski died in early May of colon cancer. His death came nine days before a compensation appeals tribunal ruled that his cancer was work-related. Adamkowski had fought for three years to have certain cancers among firefighters recognized as work-related…

Dr. Lee Jong-wook, director-general of the World Health Organization, died on May 22 after surgery to treat a blood clot in the brain. Dr. Lee has been a driving force in encouraging countries to prepare for a flu pandemic. He worked for more than 20 years for the organization, first battling leprosy in the South Pacific islands, then tackling vaccine preventable diseases, including polio. He also pioneered new ways for people to gain access to tuberculosis medicines.