Canadian Safety Reporter

December 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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First responder with PTSD wins appeal for workers' compensation benefits Claim originally denied because traumatic events were expected part of job BY JEFFREY R. SMITH A NEW BRUNSWICK first responder has won an appeal for work- ers' compensation benefits after his initial claim for suffering post- traumatic disorder (PTSD) was denied. Jacques Hébert worked as an ambulance attendant with Ambu- lance New Brunswick, the province's provider of air and land am- bulance services. As is often the case in such employment, Hébert Fines reduced, incarceration overturned after fatal workplace fall Purpose of penalties for lack of proper fall protection is deterrence, not financial ruin for small company and its directors: Court BY JEFFREY R. SMITH AN ONTARIO small business and its two directors who were con- victed of serious safety violations after a worker fell to his death have had their fines reduced and prison sentences overturned by the Ontario Court of Justice. Shangar Singh was an em- ployee of New Mex Canada, an importer and retailer of furni- ture and furniture accessories based in Brampton, Ont. New Mex's facility included a furni- ture showroom at the front and a large warehouse in the back where furniture was stored. Singh's job involved unload- ing boxes containing furniture Safety Reporter Canadian December 2017 WORKER DENIED, THEN WINS ONGOING BENEFITS FOR BACK IMPAIRMENT Medical opinions pointed to workplace accident as cause of compression fractures — except for WSIB's medical consultant pg. 3 OCCUPATIONAL HEALTH SERVICES: A SUPPORTIVE BUSINESS CASE pg. 5 Some organizations may have doubts about the value of occupational health services, but the numbers don't lie WORKER FIRED AFTER CO- WORKER'S ABUSE GETS $13,000 Employer thought it was solving workplace problems by terminating worker, but didn't investigate the root of the problem — workplace abuse and harassment pg. 6 INSIDE NEWS BRIEF Jail time > pg. 4 Credit: Shutterstock/John99 Traumatic > pg. 2 PM #40065782 SUNCOR PREVAILS ON RANDOM DRUG TESTING CALGARY (CP) — Suncor Energy has won another victory in a years- long legal battle over random drug and alcohol testing at its north- eastern Alberta oilsands sites. Suncor started randomly test- ing staff in safety-sensitive jobs in 2012, but the union representing 3,400 of those workers called it an infringement of privacy. An arbitration panel ruled in favour of Unifor, but that decision was quashed by the Alberta Court of Queen's Bench last year. Unifor appealed, but the Alberta Court of Appeal has unanimously dismissed the union's challenge. The Appeal Court judges say they agree with the lower court that the matter should heard by a fresh arbitration panel. A Suncor spokeswoman said the company is pleased because safety is one of its core values. But Unifor called the Court of Appeal decision a gross violation of workers' rights and vowed to continue its fight. "We will take all available action to fight this abusive policy, includ- ing a potential motion to seek leave to appeal to the Supreme Court of Canada," said Ken Smith, president of Unifor Local 707A.

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