INTERNATIONAL NEWS
CANADA Integrating the Psychological Health and Safety Standard into Existing Organizational Policies and Processes
On January 16, 2013, the Standards Council of Canada (CSA) published a new national standard dealing with psychological health and safety in the workplace. Although not a mandatory standard at this time, it is foreseeable that legislators, health and safety officers and inspectors, adjudicators and tribunals will be influenced by the standard when dealing with psychological and mental health issues in the workplace. In addition, such standards may be absorbed into the employer’s general duty to protect workers from harm in the workplace, which exists in all jurisdictions in Canada. The authors of the standard establish a psychological health and safety system consisting of three key “strategic pillars”: prevention, promotion and resolution. Employers should scrutinize their workplace operations, policies, procedures and processes under the auspices of the psychological health and safety system recom- mended in the standard. The following workplace policies may be of particular relevance to the prevention of psychological health and safety issues, the promotion of mental health and the resolution of issues in the workplace which affect psychological health and safety: Employment policies; Pay and Performance policies; Benefits policies; Employee Relations policies; Health and safety policies and Standard for employment under the AODA.
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OLRB Rules that Ontario Employer Liable for Failing to Comply with Bill 168 The Ontario Labour Relations Board (OLRB) has recently found a Company to be in breach of Ontario’s Occupational Health and Safety Act (OHSA) for failing to comply with its duties under the workplace violence and harassment provisions of the Occupational Health and Safety Act (formerly Bill 168). OLRB’s decision is a reminder to all employers to ensure they have implemented the appropriate policies to be in compliance with the OHSA. In June 2010, Bill 168 became law in the Province of Ontario by amending the OHSA by imposing express obligations on employers to prevent workplace violence and harassment. The Union alleged that the Company had completely failed in its obligations to implement violence and harassment policies, to conduct a proper risk assess- ment and to provide training to its employees on how to address violence and harassment at the workplace. The Union sought full compensation from the Company including $50,000 in punitive damages and $50,000 in damages for mental distress and $50,000 in damages for injury to dignity, feelings and self-respect for each of the two Grievors. The OLRB ruled it did not have the jurisdiction to award “punitive damages”.
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Fair Warning Ray Roch, director of the Fire Inspection and Prevention Iniative points to recent research suggesting the most serious workplace injuries arise from problems that often go unreported — near-misses or mishaps that don’t cause injury the first time around. “Close calls, minor incidents, and reckless behaviours are precursors to more serious events,” he says. “So if we see these warning signs, we need to report them.”
In an effort to combat that serious injury rate, Roch says employers need to train their employees to watch for the signs of dangers that could lead to serious injuries, and then encourage their employees to report them. “If you find yourself saying, ‘it’s only a matter of time before somebody gets hurt,’ it’s a strong indication that something needs to be done,” he says. “If not, someone is likely going to get hurt — seriously hurt.”
WorkSafeBC occupational safety officer Mark Phifer, who has recently conducted research into serious injury and fatality prevention, says the numbers are telling us that there’s something we’re missing; they’re telling us that reducing serious injuries and fatalities requires a different focus in safety management.” This focus, Phifer says, begins with more effective reporting. While reporting is just one aspect of occupational health and safety, he says, it’s a starting point for preventing the serious injuries and fatalities that tear people’s lives apart. The reporting
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