Kimber and Tucker Safety Coordinators

NEWSLETTER
Winter, 2021

Date: January 1, 2021

Attention: Current Safety Clients

Again this season, Kimber and Tucker have a few announcements relating to your Safety program. Please take a few minutes to review the following, initiated as part of our continued commitment to effectively coordinate your current Safety requirements.

NB OHS Act - Chapter 0-0.2- Updated September 1, 2020 *

Beginning September 1, 2020, Section 36.1(1)-36.6(4) “Administrative Penalties” has been legislated. We are recommending all our N.B. clients to read this section, and review the changes that are now in place and how it effects both employers and employees.

As a reminder the addition in 2019 to language referring to “Supervisor:” under Section 9.1 reads as follows:

Duties of Supervisors
2019, c.38, s.5

9.1(1) Every Supervisor shall:

• Take every reasonable precaution to ensure the health and safety of the employees who work under the Supervisor’s supervision and direction;
• Comply with the Act, the Regulations and any order made in accordance with this Act or the Regulations;
• Ensure that the employees under the supervisor’s supervision and direction comply with this Act, the Regulations and any order made in accordance with this Act or the Regulations; and
• Co-operate with:
• A committee, if a committee has been established,
• A health and safety representative, if a representative has been elected or designated, and
• Any person responsible for the enforcement of this Act and the Regulations.

 

9.1(2) Without limiting the generality of the duties under subsection (1), every Supervisor shall:

• Acquaint the employees under the Supervisor’s supervision and direction with any hazard in connection with the use, handling, storage, disposal and transport of any tool, equipment, machine, device, or biological, chemical or physical agent:
• Provide the information that is necessary to ensure the health and safety of the employees under the Supervisor’s supervision and direction; and
• Provide the instruction that is necessary to ensure the health and safety of the employees under the Supervisor’s supervision and direction.

 

N.B. Regulation 91-191: Updated May 29, 2020 *

Highlights:

Section 39: upgraded the CSA Standard
Section 40: removed the reference to ANSI and moved to CSA Standard CSA Z94.3-15.
Section 41: upgraded the CSA Standard.
Section 48: upgraded the CSA Standard.
51(2); removed several standards and replaced with “that is approved by Transport Canada or by an agency permitted by Transport Canada to approve it”.

Important New WorkSafeNB Forms *

WorkSafeNB is pleased to announce a new, improved way for employers to report workplace injuries and illnesses and for workers to apply for WCB benefits.

As part of their long-term plan to transform the client experience, they have made the application for WCB benefits simpler and easier. Rather than a joint form, there is now a separate application process for workers and separate reporting process for employers. Only information relevant to each group is required, and they can each submit their information separately. The move comes as a result of a recommendation from the Office of the Auditor General as part of its audit of WorkSafeNB’s claims management framework.

This is phase one in a series of steps toward getting the right information from the right person at the right time. Their vision is quality and timely claim decisions and access to first wage replacement payment sooner for workers.

Please visit www.worksafenb.ca to review the above noted forms. More phases under this project will lead to further improving the tools and processes to enable staff to make timelier decisions and provide faster access to treatment and benefits, resulting in better outcomes for workers and employers.

Major Change to COR (trademark) Program **

Beginning June 1, 2020, the NBCSA will no longer issue “In Process” status letters. Letters that have been issued prior to this date will be honored until they expire.

This will not impact any currently active COR (trademark) companies. Companies not currently active in the COR (trademark) program will be required to meet the “Audit Pending” status in order to have a valid COR (trademark). These changes will be implemented into the affected COR (trademark) courses immediately.
WCB of PEI New App for Health and Safety Information ***

The WCB of PEI, in collaboration with the Canadian Center for Occupational Health and Safety (CCOHS), has launched a new app to help Islanders better access workplace health and safety information.

The new app provides mobile access to the OHS Act and provides relevant, up-to-date information on 20 common health and safety topics, with further topics to be developed over the coming years. In addition to the new mobile app, WCB has also created a web version that provides users with a consistent look and feel when navigating on a desktop or laptop computer.

WCB of PEI: Upcoming Changes to Asbestos Regulations ***

The WCB of PEI has introduced changes to the OHS Act and General Regulations in relation to asbestos abatement.

The amendments to the Regulations set out the safety standards related to asbestos abatement for PEI workplaces, to ensure the health and safety of workers.

Highlights of the proposed regulation changes include, but are not limited to:

• A definition for asbestos containing materials.
• Differentiation of various levels of risk exposure to asbestos during asbestos removal operations.
• The requirement for daily air sampling outside of an enclosure.
• Expiration periods of asbestos abatement contractors’ certificates and renewals.
• More prescriptive requirements for ventilation, including annual certification.
• Enhanced requirements for medical surveillance of asbestos abatement workers for consistency in the industry.

 

The WCB will be working further with the industry stakeholders to produce a new PEI Asbestos Abatement Manual and will continue to provide education to asbestos abatement contractors about the requirements.

 

WCB of PEI- Changes to Workplace Harassment Regulations ***

New workplace harassment regulations came into effect on July 1, 2020.

Since announcing the new regulations in October 2019, the WCB has developed many resources to support the employers and workers through the transition, including a Guide to Workplace Harassment Regulations, templates that employers can adapt for their own organization, and frequently Asked Questions.

Before the Covid-19 pandemic, WCB was also offering free education workshops for employers and workers across the province on the regulation changes. While the WCB was unable to continue in person workshops, they have developed a new educational video that employers, supervisors and workers can access wherever they are working. The video provides an overview of the new Regulations and will provide employers with the information they need to ensure that they are in compliance.

For more information on the new regulations, to access the new video, or to download a copy of the guide, visit www.wcb.pe.ca.

WCB of Nova Scotia: Fall Prevention Month *****

November 2020 was Fall Prevention month in Nova Scotia. Slips, trips and same-level falls result from an unintended or unexpected change in the contact between the feet and the ground or walking surface. This shows that good housekeeping, quality of working shoes, selection of proper footwear, and appropriate pace of walking are critical for preventing accidents.

Most slips and trips are caused by:

• Poor lighting
• Trailing cables
• Unsuitable floor coverings
• Uneven or damaged floor surfaces
• Contaminated floor surfaces (liquid or grease).
• Poor housekeeping

 

Each year in Canada, there are about 17,000 lost-time injuries due to falls in the workplace. 65% of all fall-related injuries are from “same level”. One in five lost-time injuries result from falls.

Slips and trips are among the most common causes of injuries in the workplace, they are also the most easily preventable;

• Create good housekeeping practices
• Avoid creating obstacles in aisles and walkways
• Create and maintain proper lighting
• Wear proper shoes

 

Safety Bulletin: N.S. Dept. of Labour and Advanced Education *****

180 and 90 degree bends in reinforcing bars are deemed inadequate as a means of impalement protection.

A bulletin was issued on October 20, 2020 by the N.S. Dept. of Labour in relation to Section 21 of the Workplace Health and Safety Regulations. Employers are reminded that Section 21 of the Regulations requires an employer to ensure an adequate means of fall protection is used. This includes ensuring that an employee cannot come in contact with any object which may cause injury from any height above an unsafe surface.

The Concrete Reinforcing Steel Institute (CRSI) issued the safety warning about using 180 and 90 degree bends as a means of impalement protection. Various studies show impalement occurs when reinforcing bars with either 180 or 90 degree bends are struck by an object similar to an average sized adult human that is dropped from a distance of 3m or more. To mitigate this hazard the use of troughs or approved caps will be acceptable forms of impalement protection.

N.S. Dept. of Labour and Advanced Education: Lone Workers Guide *****

The N.S. Dept. of Labour and Advanced Education has noted they have received a number of queries of late in regards to the legality of workers working alone. While there are several regulations that pertain to lone workers, there are no OHS Regulations that preclude someone from working alone in any workplace, except in very specific cases such as confined space entry, where an attendant is required.

OHS Act s.13(1)(a); This section requires the employer to conduct a hazard assessment and, in conjunction with the JOHSC, or the health and Safety Rep, put into place such reasonable measures required to provide for the health and safety of employees and anyone else that may be present at or near the workplace. In the case of a lone worker, this would require an assessment of the risks of working alone and reasonable control measures to minimize these risks, such as training, communications, physical activity, etc.

OHS Act s.17(2); This section requires employees to be aware of their own right and responsibility to report working conditions they believe may be hazardous to their own health and safety or that of others. This is an important aspect of the Internal Responsibility System (IRS) which is the foundation of the OHS legislation. Employees are not only expected, but they are obligated to report health and safety concerns.

OHS Act s.28(2)(e); This section requires that, for workplaces large enough to require a program, it must include a hazard identification system to evaluate potential hazards, procedures for reporting them and accountability for correcting them, a system for monitoring of hazards, etc. This may be a method by which it could be pointed out to employers, who may not perceive working alone as a hazardous situation, that they should use their program procedures to address this specific concern.

Kimber and Tucker Provision of Training

In response to industry request, and as a value added feature to our clients, we have been offering compliance training on a demand basis for many years.

A detailed list of training courses will accompany all January 2021 invoices to our clients per province. Please contact myself, or your Safety Coordinator directly, if you wish a formal quote or would like to schedule training.

SiteDocs Safety Management Software Update

We are currently beginning year 3 of our SiteDocs Safety Management Software system. Both our clients and coordinators are indicating this new tool is having a great effect on managing safety requirements from the construction industry, and fulfilling the desired outcomes.

SiteDocs is an intuitive and easy to use mobile solution utilizing tablets and smartphones, giving us the ability to provide real time delivery of completed paperwork. This mobile app allows our coordinators to assist with the completion of digital safety forms at your jobsite. All safety forms are stored and organized online for easy access and real time tracking.

SiteDocs has allowed us to move your entire safety program from paper, clipboards and filing cabinets to mobile devices and the web. From the jobsite, our coordinators can login to the SiteDocs app from their mobile device and view all safety documentation. The forms they assist with are then instantly uploaded and automatically organized for easy viewing.

Whether on the jobsite or in the office, we have the ability to monitor your safety program. Our goal is to help you maintain the highest standard of safety possible, making your safety program more efficient, effective, and significantly enhanced.

Implementing a Mandatory Workplace Face Mask Policy ****

Although social distancing is vital to prevent the spread of Covid-19, sometimes it’s simply not possible to maintain the necessary 2 meters of separation. Close encounters are especially difficult to avoid in indoor public spaces, especially workplaces. It is critical for people in those settings to wear masks or other face coverings.

The scientific studies clearly show that community use of face masks is an effective infection control measure. The virus spreads from the respiratory droplets we all emit every time we cough, sneeze, talk or even breathe. Face masks keep this from happening by keeping those respiratory droplets from traveling into the air to others, either directly or via contaminating surfaces or objects that the other person subsequently touches.

What began as a recommendation has since morphed into a legal obligation in many parts of the country where municipalities have adopted bylaws making it mandatory to wear masks in workplaces and indoor public spaces

Exposure to Extreme Cold ****

Under OHS laws, employers have the duty to protect workers against exposure to extreme cold regardless of which part of Canada you are in and whether exposed workers are indoors or outdoors.

Winter weather exposes workers to cold temperatures, high winds, icy conditions, snow and sleet, and increases the risk of cold stress and dangerous conditions, such as frostbite and hypothermia.
Asbestos at Work: Exposure Management ****

According to Workers’ Comp Data, Asbestos exposure is the nation’s leading cause of workplace death.

Mesothelioma, asbestosis and other asbestos-related diseases account for more than 1 of every 3 fatality claims accepted by Canadian workers’ comp boards since 1996.

Even though it hasn’t been in use since 1990, asbestos containing materials (ACMs) are still present in workplaces across Canada. It can be found in walls, ceilings, tiles, insulation and even car parts.

An estimated 153,000 Canadian workers are exposed to asbestos each year. The cost of asbestos exposure is 117.8 million in productivity losses, 23.3 million in medical bills, and 36.8 million in insurance.

OHS laws require employers to implement an asbestos exposure control plan (ECP) to protect workers who handle or use asbestos-containing materials or work near operations where ACMs are used.

New PEI Lift Rental Company

One of our current PEI clients, Bernmar Construction, recently formed a lift company. Summit Lift Equipment Ltd. now specializes in rentals, sales, and service of construction lift equipment such as telehandlers, boom lifts, scissor lifts, forklifts, skidsteers and mini-excavators. They currently have about 40 pieces of equipment of various sizes and continue to grow their fleet. They have their own floats and trailers for getting the right equipment to their customer, and a mobile mechanic for on-site repairs.

Ill-Fitting Personal Protective Equipment (PPE) ****

Ill-fitting protective clothing and equipment is universally problematic in workplace safety. It deters workers from performing job-related tasks efficiently and safely.

Many manufacturers are reluctant to invest in the research and development to produce correctly sized and proportioned products for all workers. Ill-fitting protective equipment jeopardizes the health and safety of workers and their co-workers. Ill-fitting PPE does not protect at all.

Employers are responsible for providing and enforcing the use of PPE in your workplace. Employers are responsible to ensure the following:

• The right type of PPE is selected for the job
• PPE fits workers and is comfortable under working conditions
• Workers are trained in how to use PPE
• PPE is regularly cleaned, inspected, and maintained
• PPE is properly stored when not in use.

New PEI Safety Coordinator

Kimber and Tucker are pleased to announce the addition of Kendall Schurman to our team of Safety Coordinators. Kendall will be assisting current Coordinator Brad Fremlin, supporting and advancing our clients on PEI.

Covid-19

In lieu of our Summer 2020 Newsletter, we issued Covid-19 updates in March, April, May and June. We truly appreciate your continued business support thru these difficult times. We take pride in our ability to adapt and adjust to the demands for our services.

The impacts of the Covid-19 pandemic has changed how we work. The challenges extend to how individuals commute, enter worksites, interact with co-workers, and manage tasks.

We at Kimber and Tucker are providing information to workers and employers through worksite inspections, focusing on the controls that the employer can use to limit exposure, including maintaining distance between workers and ensuring adequate hygiene facilities. We will continue to engage in inspection, consultation and education to ensure everyone in the workplace remains safe.

We strive to promote healthy and safe worksites for all workers and employers. We will support the direction provided by provincial and public health agencies, and provide guidance to worksites on implementing appropriate preventative measures. We will continue to provide support and share information as it becomes available to assist you in managing the situation.

Regards,
Nevin

References

• *          Excerpts taken from an article located on WorkSafeNB website.
• **        Excerpts taken from an article located on NBCSA website.
• ***      Excerpts taken from an article in WCB of PEI website.
• ****    Excerpts taken from OHS Insider articles.
• *****  Excerpts taken from an article located on N.S. DOL website.