Canadian Safety Reporter

August 2018

Focuses on occupational health and safety issues at a strategic level. Designed for employers, HR managers and OHS professionals, it features news, case studies on best practices and practical tips to ensure the safest possible working environment.

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Safety Reporter Canadian www.safety-reporter.com August 2018 Worker loses age discrimination complaint against WorkSafeBC Workers' compensation authority denied proposal to attend post-secondary program because it wasn't necessary to find appropriate work BY JEFFREY R. SMITH A BRITISH COLUMBIA worker has lost his claim that the prov- ince's workers' compensation board discriminated against him because of his age when it refused to support his desire to attend a comprehensive voca- tional training program usually approved for workers with less experience. Shawn McLaren, 40, was a marble mason installer in Van- couver, whose job entailed cut- ting and setting marble tiles in various construction and reno- vation locations. On Sept. 23, 2015, he injured his left shoulder at work and filed a claim with Worker wins more benefits for psychological issues, chronic back pain Ongoing back injury prevented worker from completing job retraining and worsened his depression and isolation BY JEFFREY R. SMITH AN ONTARIO worker has won his appeal for ongoing benefits for chronic back pain and an increase in his award for a psychological impairment, all stemming from a workplace accident. The 45-year-old worker – who immigrated to Canada in 2001 at the age of 28 – was employed with an Ontario temporary agency, which assigned him to a temporary position as a racker at an auto- motive parts manufacturer in March 2004, when he was 31 years MEDICAL MARIJUANA FOUND TO BE UNDUE HARDSHIP IN SAFETY SENSITIVE POSITIONS Inability to test for residual impairment hours after consumption made employer unable to determine fitness for safety sensitive work pg. 5 AVOID THE TEMPTATION Workers hired through temporary staffing agencies are less educated on workplace safety, more afraid to speak up pg. 3 PSYCHOTRAUMATIC DISABILITY FROM CAR ACCIDENT, NOT EARLIER WORKPLACE INJURY Worker opted for civil lawsuit instead of entitlement to benefits pg. 6 INSIDE NEWS BRIEF Experience > pg. 4 Credit: Shutterstock/Den Rise Return > pg. 2 PM #40065782 TURKISH COURT JAILS EXECUTIVES OVER 2014 MINE DISASTER ISTANBUL (Reuters) - A Turkish court sentenced five mining ex- ecutives to up to 22 years in jail for their role in the coal mine disaster in May 2014 that killed 301 peo- ple, the ruling showed. The deaths were caused by a fire that swept through the mine in the town of Soma, 480 km south of Istanbul. It was Turkey's worst indus- trial disaster and the world's biggest mining disaster this century. Critics said the accident, which triggered mass protests, showed the gov- ernment was too close to industry bosses and was insensitive, after prime minister Tayyip Erdogan said the disaster was part of the profes- sion's "destiny." Mine operator Soma Hold- ing denied negligence, while the government said existing mining safety regulations were sound. Soma Holding's general man- ager and technical manager were jailed for 22 years in prison. Two other company officials were jailed for nearly 19 years and the chair- man sentenced to 15 years. The Turkish government tight- ened work safety rules and im- posed tougher penalties in 2014, six months after the Soma disaster.

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