Canadian Safety Reporter

April 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 April 2018 Suitable employment and accommodation not necessarily the same thing Quebec's injury compensation scheme and charter of human rights have similar goals but aren't exclusive: Supreme Court BY JEFFREY R. SMITH A QUEBEC worker who was in- jured at work has won his appeal arguing that his human right to accommodation of his disability is not superseded by the prov- ince's workplace injury compen- sation scheme. Alain Caron was a special ed- ucator at Centre Miriam, a cen- tre for people with intellectual disabilities in Mont-Royal, Que. On Oct. 20, 2004, Caron hit his left elbow on a door frame while working at Centre Miriam. He developed lateral epicondyli- tis, or tennis elbow, as a result of the injury. Due to his limitations from the injury Centre Miriam Speculation not enough for work refusal Border officers concerned with fumigants in shipping containers but safety procedures sufficient: Tribunal BY JEFFREY R. SMITH THE CANADA Occupational Health and Safety Tribunal has dis- missed an appeal by two border services officers who refused to work because they perceived a potential danger from chemical ex- posure in warehouses where they inspected imported goods. Ron Harris and Lucido Fauceglia were border services officers for the Canada Border Services Agency (CBSA). Their job duties included examining and verifying goods imported into Canada for SUITABLE ACCOMMODATION NOT SO SUITABLE FOR INJURED WORKER Worker's injured foot worsened during job retraining and required more surgery, increasing his medical restrictions pg. 7 JAW INJURY NOT A PERMANENT DISABILITY MORE THAN 30 YEARS LATER pg. 3 Worker kept claiming TMJ dysfunction was permanent disability but he was able to perform his full job duties and eat normally B.C. ARBITRATOR SETS ASIDE RANDOM DRUG AND ALCOHOL TESTING AT COAL MINES Company couldn't prove workplace problem with drugs and alcohol that justified collection of personal info pg. 5 INSIDE NEWS BRIEF Quebec > pg. 4 Credit: Shutterstock/designer491 Safety > pg. 2 PM #40065782 MARIJUANA TO GO ON SALE MONTHS AFTER LAW PASSED: MINISTER OTTAWA (Reuters) — Recreational marijuana in Canada will only go on sale a few months after it is legalized because the new retail system needs time to start working properly, according to Health Min- ister Ginette Petitpas Taylor. The Liberal government says the new law must be in place by July 1 this year, which would make Cana- da the first Group of Seven country to adopt such a policy. Some of the provinces, which are responsible for actually selling marijuana, com- plain they do not have enough time. "They told us they need eight to 12 weeks following (adoption of the law) for preparatory ac- tivities to occur, such as prepara- tory movement of product from licensed producers to distribution and retail outlets," Petitpas Taylor told the Senate upper chamber. As well as complaining about what they see as an excessively ambitious timetable, the provinces also say they need federal money to meet the extra costs of enforcing the new rules. Ottawa, the provinc- es and the territories settled a dis- agreement last December on how to split revenues from a proposed federal tax on marijuana sales.

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