Safety Reporter
Canadian
www.safety-reporter.com
March 2017
OLD INJURY COMES BACK
TO HAUNT WORKER
Employment terminated after employer learns
of previous injury not disclosed on new-hire
medical history questionnaire pg. 5
EMPLOYER HAS VICARIOUS
LIABILITY FOR EMPLOYEE'S CAR
ACCIDENT — NOT CAR'S OWNER
pg. 3
Employer had control and responsibility for
employee's actions while driving vehicle
CAR ACCIDENT CAUSED NEW
INJURY, NOT RECURRENCE
OF WORKPLACE INJURY
Worker argued accident aggravated
shoulder injury, but medical assessments
indicated original injury had healed
pg. 6
INSIDE
Bank employee closes account
with workplace threat
Scotiabank employee's shooting comment to co-worker
and attempts to shift blame provide just cause for dismissal
BY JEFFREY R. SMITH
AN ADJUDICATOR has upheld
the termination of a Scotiabank
employee who was fired for ut-
tering a threat to a co-worker.
Hamlel Awuah was hired by
the Bank of Nova Scotia (Scotia-
bank) in June 2012 to work as a
personal banking officer at a Cal-
gary branch. He was given qual-
ity ratings in his performance
reviews, but by 2014 he wasn't
satisfied with his job and was
looking for other employment.
Awuah worked with another
personal banking officer in his
branch, and they interacted
with each other frequently,
Re-employment obligation
for injured worker doesn't
preclude dismissal
Employer avoids penalty for dismissal
related to worker's compensable injury
BY JOEL SMITH
A RECENT case heard by the Ontario Workplace Safety and Insur-
ance Appeals Tribunal (WSIAT) has settled the divergent law re-
garding whether and when a penalty should be levied against em-
ployers for failing to comply with their re-employment obligation
NEWS BRIEF
TRAIN CRASH RENEWS
HEALTH PRECAUTIONS TALK
NEW YORK (Reuters) — A
commuter train crash at a busy
New York City terminal on Jan. 4
was the latest of several accidents
that have focused attention on
how rail agencies monitor the
health of their operators.
The Long Island Rail Road de-
railment's cause, which injured
more than 100 people, remains
unknown. But officials immediate-
ly drew comparisons to a similar
crash in Hoboken, N.J., in Septem-
ber that involved a driver who ap-
parently had a sleep disorder.
The Federal Railroad Adminis-
tration issued an advisory citing
the Hoboken crash and recom-
mending that rail agencies screen
crews for sleep apnea.
After the Hoboken crash, NJ
Transit also improved its sleep
apnea screening process, which
had been in place since at least
2005, a spokesman said. Any rail
employees with "safety-sensitive"
jobs who exhibit sleep apnea
symptoms are removed from op-
eration until they can certify that it
has been corrected or controlled.
Other NJ Transit changes include
adding a second crew member in
the cab when arriving at terminals
in Hoboken and Atlantic City.
Employee > pg. 4
Credit:
Shutterstock/KieferPix
No anti-compensation > pg. 2
PM
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