Canadian Safety Reporter

March 2017

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 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 #40065782

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