Legislative roundup: Changes in OHS laws and regulations from across Canada

Canada to stop opposing listing asbestos as hazardous | National Energy Board releases oil and gas industry safety management discussion paper | Ontario court considers limitation periods in OHS legislation | First aid rules changing for P.E.I. employers | Manitoba moves to streamline technical safety legislation | Manitoba launches spiritual health-care strategic plan

Canada to stop opposing listing asbestos as hazardous

OTTAWA — Canada has dropped its longtime opposition to the international listing of asbestos as a hazardous material, a designation intended to curb the use abroad of the fire-resistant substance, which can cause cancer and other illnesses.

Canada had been the main opponent of such a listing, which would require exporters to warn importing countries of the hazards of asbestos, and would allow countries to ban its import.

Canada had long worked against the listing under the United Nations' Rotterdam Convention, fearful it would put Quebec asbestos mining out of business.

Canada is the only Western developed country exporting asbestos, which is estimated to kill more than 100,000 people around the world every year. It had continued to export it even though it strictly regulated its use domestically.

Only six countries were producing quantifiable amounts of asbestos last year: Brazil, Canada, China, India, Kazakhstan and Russia. It is still used to strengthen cement products and roof shingles, and the industry says those uses are safe.

Successive Canadian governments had refused to step in and ban asbestos production, arguing that if used appropriately it was not harmful.

National Energy Board releases oil and gas industry safety management discussion paper

CALGARY — The Canadian National Energy Board (NEB) has released a discussion paper identifying three areas in which regulated companies must invest effort and resources to demonstrate improved safety and environmental outcomes.

Referring to several recent high-profile environmental incidents, the NEB says there is a need for better corporate accountability and leadership in order to promote safer operating practices.

The NED identified the following three areas in which regulated companies must improve:

  • Corporate leadership and safety culture
  • Effectiveness of management systems
  • Performance measurement and its role in hazard identification and risk mitigation.

The discussion paper can be found at http://bit.ly/T5z4xZ

Ontario court considers limitation periods in OHS legislation

GUELPH, ONT. — A recent decision by the Ontario Court of Justice says limitation periods in occupational health and safety legislation may end at different times for different entities.

In June 2009, Isabel Warren, 14, was killed when a cinder block in a City of Guelph-owned washroom fell on her.

The city was charged with failing to ensure the wall could support all loads, but argued the liability period in the Occupational Health and Safety Act was up to one year after construction, while the consultants maintained it was one year after their involvement ended.

In R. v. Corporation (City o f Guelph), Ontario Court Justice Michael Epstein ruled the limitation period in the Ontario Occupational Health and Safety Act began to run for the employer at the time of the accident. However, the limitation period began to run much earlier for the architect and engineer involved in the construction project as they hadn’t provided advice for years after construction and their involvement wasn’t a “continuing offence.”

First aid rules changing for P.E.I. employers

CHARLOTTETOWN — Amendments to Prince Edward Island's occupational health and safety (OHS) regulations relating to first aid will come into force on Jan. 31, 2013, the province's Workers Compensation Board has announced.

The amendments will put additional measures in place to protect workers and employers.

  • Some of the upcoming regulation changes include the following:
  • First aid requirements for low hazard workplaces, including training requirements for first aid providers.
  • In workplaces not considered to be low hazard, a first aid room will be required where there are 100 or more workers per shift.
  • First aid providers will be required in workplaces with less than five workers.
  • Workplaces with as few as one worker will require a first aid kit.

Manitoba moves to streamline technical safety legislation

WINNIPEG — Manitoba is asking for public input to improve the legislation governing the safety of technical equipment such as boilers, electrical installations and elevators.

The review has a number of key goals:

  • modernizing safety standards
  • consistent treatment of stakeholders across industry and sectors
  • Simplifying and consolidating
  • creating consistent appeal mechanisms
  • creating a legislative framework ensuring public safety.

Enforcement will also become more consistent, as the penalties for contraventions and enforcement mechanisms currently vary from one act to the next.

The full discussion paper is available at www.firecomm.gov.mb.ca.

Manitoba launches spiritual health-care strategic plan

WINNIPEG — Manitoba has released Health and the Human Spirit, the province's new spiritual health-care strategic plan.

The plan was informed by a spiritual health-care strategic planning session involving a range of community and professional stakeholders, spiritual care providers, volunteers, counsellors, physicians, psychiatrists, policy analysts and individuals who have experienced spiritual care in a health-care context.

“We now have seven spiritual health-care co-ordinators across the province to help connect patients and families with the spiritual supports they need, a unique-in-Canada provincial spiritual health-care co-ordinator and legislation that enshrines the special role of faith-based organizations in our health-care system,” said Health Minister Theresa Oswald.

A four-year work plan is under development. The plan will include a province-wide spiritual health-care volunteer education course, core competencies for spiritual health-care practitioners and the incorporation of traditional Aboriginal healing space at a number of health facilities.

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