Constant supervision of employees not necessary: Court • No charges in 2011 Alberta oil refinery blast • Australian court upholds workers' compensation claim for business trip sex injury
National workplace psychological standard released
TORONTO — The National Standard of Canada for Psychological Health and Safety in the Workplace has been released by the Mental Health Commission of Canada, the Bureau de Normalisation du Quebec and CSA Group.
The new national standard, which is intended to help promote good mental health and prevent harm in the workplace, is the first of its kind in the world, according to a press release issued by the three groups.
“Nearly 30 per cent of short- and long-term disability claims in Canada are related to mental health problems and illnesses,” the release said. “In some major employment sectors, that number is closer to 50 per cent.”
By implementing the standard, companies will be able to help ensure the overall health and safety of their employees in an efficient and cost-effective manner, the group saids.
The standard will be offered for free on CSA Group’s website during its initial years while the standard undergoes the required review and revision process.
Constant supervision of employees not necessary: Court
TORONTO — Employees must take some responsibility for workplace health and safety and employers can’t be expected to constantly supervise them, an Ontario court has ruled in dismissing charges against a company.
Milton, Ont.-based Auction Reconditioning Centre (ARC) cleaned vehicles for leasing and car rental companies before the vehicles were auctioned off.
In 2006, one of ARC’s employees was an 18-year-old who didn’t have a driver’s licence. He had been instructed not to drive any of the vehicles as the company safety policy stated: “To drive a vehicle on the property you must have a valid driver’s licence.” This wasn’t expected to be a problem because the employee was a cleaner who wouldn’t need to drive vehicles.
Despite the instructions and the policy, the 18-year-old drove a vehicle to the wash bay and hit another car. The collision set off a chain reaction with other cars ahead, which led to another employee suffering two broken arms and other injuries.
In September 2009, ARC was convicted of breaching the Ontario Occupational Health and Safety Act by failing to provide information, instruction or supervision to a worker, as well as failing to take the reasonable precaution of ensuring the worker had a valid driver’s licence and was sufficiently trained before operating a vehicle.
ARC appealed and the Ontario Court of Justice overturned the conviction. The appeal court found driving was not part of the 18-year-old worker’s job and there was no reason why ARC would have expected him to get behind the wheel. Therefore, the company wasn’t required to give him proper instruction on how to safely operate a vehicle, said the court.
The appeal court also found the act didn’t require a supervisor to always be present — employees had to take some responsibility for their conduct at the workplace.
No charges in 2011 Alberta oil refinery blast
FORT MCMURRAY, ALTA. — Charges will not be laid in a 2011 Northern Alberta oiler refinery explosion that injured five workers.
The blast at the Canadian Natural Resources Horizon site near Fort McMurray, Alta. sent flames more than 100 metres into the air.
Alberta Occupational Health and Safety conducted an investigation within the two year time limit to file any charges, but it was decided that action would not be taken as there was no likelihood of a conviction, according to department officials.
Australian court upholds workers’ compensation claim for business trip sex injury
MELBOURNE, AUSTRALIA — An Australian woman’s claim for workers’ compensation for an injury suffered while having sex on a business trip has been upheld by the Australia Federal Court.
The woman worked for the Australian government and was sent on a business trip to Nowra, New South Wales, in 2007.
The employee had sex in her motel room, which was paid for by the employer, at which point a light fixture on the wall above the bed fell and injured her. The worker later filed a workers’ compensation claim for her physical injuries and depression stemming from the incident. She argued she was entitled to compensation because she was at the hotel on business and she was hurt while in the course of employment.
Comcare, the Australian government’s workplace safety organization, rejected the claim, finding her activity at the time of the injuries was not related to work. The organization’s Administrative Appeals Tribunal upheld the decision, ruling sex wasn’t an “ordinary incident of an overnight stay.”
The woman appealed and the Federal Court found she didn’t have to be encouraged by the employer when injured. Without any specific misconduct, her presence in the motel room when she was injured was enough to warrant compensation, said the court.
Comcare appealed and the full bench of the Federal Court upheld the ruling that the fact the employee was in the hotel room at the employer’s instruction was enough to make her eligible for compensation.
