Canadian Safety Reporter - sample

May, 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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CSR | May 2018 | News Radio was hardwired into trackmobile following incident WEBINARS Interested in learning more about safety and HR issues directly from the experts? Check out the Canada Professional Development Centre's live and on-demand webinars discussing topics such as Ontario's sexual violence and harassment plan act, chemicals in the workplace, and fall protection. Visit www.cpdcentre.ca/cos for more information. ©2018 Thomson Reuters Canada Ltd ISBN/ISSN: 978-0-7798-2810-4 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted, in any form or by any means, electronic, photocopying, recording or otherwise without the written permission of the publisher (Thomson Reuters, Media Solutions, Canada). Canadian Safety Reporter is part of the Canadian HR Reporter group of publications: • Canadian HR Reporter — www.hrreporter.com • Canadian Occupational Safety magazine — www.cos-mag.com • Canadian Payroll Reporter — www.payroll-reporter.com • Canadian Employment Law Today — www.employmentlawtoday.com • Canadian Labour Reporter — www.labour-reporter.com See carswell.com for information Safety Reporter Canadian www.safety-reporter.com Published 12 times a year by Thomson Reuters Canada Ltd. Subscription rate: $139 per year Customer Service Tel: (416) 609-3800 (Toronto) (800) 387-5164 (outside Toronto) Fax: (416) 298-5106 E-mail: customersupport.legaltaxcanada@tr.com Website: www.thomsonreuters.ca One Corporate Plaza 2075 Kennedy Road Toronto, Ontario, Canada M1T 3V4 Director, Media Solutions, Canada Karen Lorimer Publisher/Managing Editor Todd Humber Lead Editor Jeffrey R. Smith Marketing & Audience Development Manager Robert Symes rob.symes@thomsonreuters.com (416) 649-9551 Circulation Co-ordinator Keith Fulford keith.fulford@thomsonreuters.com (416) 649-9585 Sales Manager Paul Burton paul.burton@thomsonreuters.com (416) 649-9928 manager of the pulp mill that it was necessary to have one. A hard-wired radio was installed by the next day. Tymko told the supervisor he had called out the car lengths from three on down and then "dynamite the brakes" at the ap- propriate time. The trackmobile operator said he only heard "dy- namite the brakes" over the ra- dio and "had no idea what to do" so he continued until he heard from Tymko. 4-D felt Tymko was mostly re- sponsible as the operator makes no move without being told by the switchman. It considered Tymko's previous safety infrac- tions and determined they were getting more serious, so the company decided to terminate his employment on Dec. 30. The trackmobile operator, who had no previous discipline, was suspended for four days and re- ceived a 90-day probation. The court found that while Tymko and other employees were generally provided with adequate safety training, 4-D failed to train them on what to do in the particular situation of radio failure. As a result, Tymko could not be held responsible for the incident or found to have had "a neglectful or wilful disregard of 4-D Warner's safety standards and procedures," said the court. The court also found that 4-D didn't immediately investigate the situation despite being ad- vised of it, so it couldn't establish if the radio was actually work- ing or not. The fact the pulp mill hardwired a radio into the track- mobile shortly thereafter made it likely there was in fact a prob- lem, said the court. The court found 4-D didn't have just cause to dismiss Tym- ko. 4-D was ordered to pay Tym- ko two months' salary and ben- efits for wrongful termination of his three years of service. For more information see: • Tymko v. 4-D Warner Enterprises Ltd., 2018 CarswellBC 547 (B.C. S.C.). Workplace < pg. 5 e employer didn't immediately investigate following the accident, so it couldn't establish if the wireless radio was actually working or not.

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