Legislative roundup: Changes in OHS laws and regulations from West to East

New exposure limit review and adoption procedure

WorkSafeBC has approved a new occupational exposure limit (OEL) review and adoption procedure. Stakeholders will be consulted on potential implementation issues before new or revised threshold limit values (TLVs) set by the annual American Conference of Governmental Industrial Hygienists are adopted in the province. In the past, TLVs were adopted as OELs in B.C. prior to a review of implementation issues and stakeholder consultation. For more, visit www.safety-reporter.com.

Changes to definition of repeat OHS offenders

WorkSafeBC has made a change in its policy for determining when a health and safety offence is a repeat offence for the purpose of giving increased administrative penalties. Previously, the time frame was three years from the date the first penalty was imposed. The new time frame is based on the dates of the violations.

ONTARIO

Violence, harassment law comes into force in June

Ontario’s new workplace violence and harassment legislation, Bill 168, will come into force on June 15, 2010. Among other things, this significant legislation requires employers to create written policies on workplace violence and harassment. Employers are also expected to take reasonable precautions to protect employees from domestic violence that spills into the workplace.

Panel of 9 appointed to review OHS system

The Ontario government has named a panel of nine people to conduct a comprehensive review of the province’s occupational health and safety system. Led by Tony Dean, chair of the Workplace Safety System Review, the panel includes representatives from the labour, academic and business worlds. The panel will report back to the province in the fall with recommendations and options for operational, policy and structural improvements to the province’s workplace safety system.

QUEBEC

Fines set to double

Health and safety fines in Quebec will double on July 1, 2010. Currently, individuals who contravene occupational health and safety legislation face a fine of $200 to $600 for a first offence or $500 to $1,000 if they endanger a worker. For corporations, the fines are from $500 to $1,000 or $1,000 to $2,000. The fines will go up again, tripling from their current rates, on Jan. 1, 2011.

NOVA SCOTIA

Government can issue OHS penalties

Nova Scotia’s Department of Labour and Workforce now has the ability to issue penalties for violations of health and safety legislation. Previously, monetary penalties could only be assigned by the courts. Other Canadian jurisdictions, including British Columbia, Manitoba and the Yukon already have similar penalty provisions in place. For a first offence, the maximum administrative penalties are $2,000 for employers, $1,000 for supervisors and $500 for employees. Penalties can be doubled if the offender committed an offence within the previous three years.

YUKON

WCB changes give injured workers right to old jobs

Employers in the Yukon will be required to re-employ injured workers in the same or similar jobs when they are ready to return to work, under changes to the Workers’ Compensation Act that come into force on Jan. 1, 2011. To obtain the benefit of this provision, the worker must have been employed for at least a year in the previous position. It only applies to employers with more than 20 workers. If a worker is unable to perform essential duties of the previous job, the employer must give the worker the first chance to accept similar alternative employment that becomes available.

NUNAVUT

Firefighters could get expanded WCB coverage

Nunavut has introduced Bill 27, legislation that would create a presumption that some diseases in firefighters are work-related, including cardiac arrest within 24 hours of responding to a call and numerous forms of cancer. The bill is similar to legislation recently introduced or passed by several other Canadian jurisdictions. It would apply to full-time, part-time and volunteer firefighters, and would make it easier for affected workers to qualify for workers’ compensation benefits.