Canadian Safety Reporter

July 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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Accident at Wal-Mart leads to safety conviction Company claimed worker wasn't following procedure when he tripped over pallet on floor BY JEFFREY R. SMITH WAL-MART CANADA has been found guilty of not ensuring a safe workplace following an accident where a warehouse worker tripped over a pallet on the floor of the warehouse and hit his head. Lorenzo Tagliacozzo was a maintenance employee at a Wal-Mart store in Brampton, Ont. Most of his duties were janitorial, but he also sometimes worked in the warehouse unloading trucks. Hired in February 1999, he filled various positions at the store over the years, Cannabis countdown What employers need to do before recreational marijuana use becomes legal in 2018 BY MELISSA CAMPEAU ON CHRISTMAS Eve 2009, five Metron Construction Cor- poration workers were mak- ing repairs to the exterior of a high-rise apartment building in Etobicoke, Ont. When the swing stage they stood on suddenly collapsed, four of the workers fell to their deaths and one sustained serious injuries. The employer was eventually fined $750,000 and the project manager received a 3.5-year jail sentence, in part because of a failure to prevent employees from working under the influ- ence of marijuana, says Norm Keith, partner at Fasken Mar- tineau in Toronto. Three of the workers had marijuana in their systems at a level consistent with recent ingestion. With Canada just one year Safety Reporter Canadian www.safety-reporter.com July 2017 CHRONIC PAIN FROM PRE-EXISTING CONDITION, NOT WORKPLACE INJURY Worker's chronic pain and anxiety weren't reported at time of workplace accident but resembled previous conditions pg. 3 WORKPLACE FALL LEADS TO PERMANENT BENEFIT ENTITLEMENT pg. 5 Pre-existing carpal tunnel syndrome was aggravated and knees were permanently injured in office worker's tumble NO EVIDENCE LINKING BACK INJURY TO WORKPLACE ACCIDENT MEANS NO BENEFITS FOR SURGERY RECOVERY No medical evidence herniated disc was caused by workplace accident pg. 6 INSIDE NEWS BRIEF Higher > pg. 4 Credit: Shutterstock/aastock Empty > pg. 2 PM #40065782 WHAT ABOUT MEDICAL MARIJUANA AT WORK? The use of medical marijuana is growing quickly in Canada. Top 10 Legal Risks for Business in 2017, published by Borden Ladner and Gervais (BLG), noted: • The number of Canadians legally registered to purchase marijuana increased 1,244% between April 1, 2014 and Sept. 30, 2016 • Dried marijuana sales to legally registered Canadians increased 1,170% in the same period. • Cannabis oil sales to the legally registered Canadians increased 414.4%, between Jan. 1 and Sept. 30, 2016. The Access to Cannabis for Medical Purposes Regulations states that when an employee pro- vides written documentation from a physician saying the employee must consume cannabis for medi- cal purposes to be able to work, an employer must consider the request, pending safety concerns. In the BLG publication, legal experts weighed in on the bal- ance between the duty to accom- modate and the duty to maintain a safe workplace: "Employees in safety-sensitive positions might not be entitled to smoke or ingest medical cannabis at work while or before performing their duties."

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