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

Yukon tweaking workers’ compensation legislation • Territories’ WCB releases draft OHS regulations • Late night retail requirements in B.C. • Manitoba's ew regulations against psychological harassment • One number for workplace health and safety calls in Ontario

YUKON

Yukon tweaking workers’ compensation legislation

The Yukon government has introduced a bill that could broaden the scope of workers’ compensation claims. Currently, the Workers’ Compensation Act states “an injury is presumed to be work-related if it arises out of and in the course of a worker’s employment.” Bill 93, the Miscellaneous Statute Law Amendment Act, 2010, would change the “and” to “or.” This would bring the Yukon’s legislation in line with most other workers’ compensation legislation in Canada. Bill 93 contains other small changes to the act as well.

NORTHWEST TERRITORIES/NUNAVUT

Territories’ WCB releases draft OHS regulations

The Workers’ Safety and Compensation Commission (WSCC) of the Northwest Territories and Nunavut has released a draft of a proposed new health and safety regulation.  The new regulation would replace all of the existing regulations under the safety acts of both territories. It would  include measures for violence and harassment prevention, updated WHMIS requirements and enhance the role of the Joint Worksite Health and Safety Committees, among other items. The 359-page document is available at WSCC’s website at  www.wscc.nt.ca/Pages/default.aspx.

BRITISH COLUMBIA

Late night retail requirements

Effective Nov. 30, 2010, all retail employers must comply with the new Occupational Health and Safety (OHS) regulations for late night retail provisions which are designed to protect the health and safety of workers who work alone. The new provisions include a requirement that during late night hours retail employers must ensure workers are protected against the hazards of violence by either assigning two workers or ensuring a lone worker is physically separated from the public by a locked door or barrier. The provisions consisted of six phases including design, pilot development, installation of test barriers, application, analysis and province-wide compliance. This legislation is under review due to complaints from employers who have experienced a decrease in sales and an increase in theft since implementing the barriers. However, compliance is still required by Nov. 30, 2010. 

MANITOBA

New regulations against psychological harassment

Changes to the Workplace, Safety and Health Regulation will introduce new requirements to protect workers from psychological harassment in the workplace, Labour and Immigration Minister Jennifer Howard announced in October. The amendments are the result of review and consensus by employer and labour representatives on the advisory council on workplace safety and health. Recent studies have shown that about 40 per cent of the workforce has been subjected to harassment or bullying. New provisions will address psychological harassment, such as intimidation, bullying and humiliation. Employers will be required to put in place measures to prevent harassment and address it if it occurs. Amendments will provide clear direction to employers and workers on the steps necessary to eliminate or control workplace hazards, strengthen the requirements for the use of personal protective equipment and reflect updated standards, Howard said. Employers and employees have until Feb. 1, 2011, to become familiar with and comply with updated requirements. Ontario, Saskatchewan and Quebec already have regulations in place to protect workers from harassment.  

ONTARIO

One number for workplace health and safety calls

Ontario has launched a new toll-free number — 1-877-202-0008 — to report workplace health and safety incidents or unsafe work practices. On Nov. 1, 2010, the Ministry of Labour launched a Health & Safety Contact Centre, which allows anyone, anywhere in Ontario to call one number to report a workplace health and safety incident, critical injury, fatality or work refusal. The public can also call that number if they suspect unsafe work practices or for general inquiries. The number operates 24 hours a day, seven days a week.

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