Canadian Safety Reporter

July 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 July 2018 Harassment complaint coincidental, not factor in dismissal Worker tried to transfer to another position after poor performance review; made harassment complaint against supervisor that was followed by dismissal BY JEFFREY R. SMITH AN ONTARIO company's deci- sion to dismiss an employee was based on the employee's poor performance and not a repri- sal for a harassment complaint made against one supervisor who wasn't the sole decision- maker, the Ontario Labour Rela- tions Board has ruled. Francoise Taylor was hired in January 2013 by International Financial Data Services Canada (IFDS), a data transfer agency providing services to companies in the financial industry. She was a senior assistant manager responsible for data migration in the client onboarding process Company, subcontractor convicted for faulty guardrail Guardrail type didn't matter since one worker fell through wasn't properly fastened BY JEFFREY R. SMITH AN ONTARIO employer and its subcontractor have been convicted of health and safety charges by the Ontario Court of Justice following a worker's fall through an insufficient guardrail off a second-floor balcony at a house construction site. Ricardo Polio-Perez was a labourer working for King's Hollow Homes. In early 2015, King's Hollow was building houses at a site in King City, Ont. On Feb. 3, Polio-Perez was assigned by the labour foreman to work at a house that was being "trimmed," which involved the installa- BACK PAIN DOESN'T GET BETTER; WORKER ENTITLED TO BENEFITS FOR RECURRENCE OF INJURY Worker's ongoing symptoms worsened in new job but there was no new workplace accident pg. 3 DISMISSAL OF INSUBORDINATE WORKER NOT A PROGRESSIVE STEP Worker with clean record disobeyed management directive and lied about it but employer didn't follow discipline policy pg. 5 WORKER WINS APPEAL FOR BENEFITS AFTER SECOND WORKPLACE ACCIDENT Employer provided modified duties after first accident but new walking boot was 'accident waiting to happen' pg. 6 INSIDE NEWS BRIEF Mid-year > pg. 4 Credit: Shutterstock/Mert Toker Guardrail > pg. 2 PM #40065782 RATE OF VA HOSPITALS MANDATING FLU SHOT LOW (Reuters) – While the proportion of U.S. hospitals mandating that healthcare professionals (HCPs) receive the influenza vaccine in- creased from 2013 to 2017, the change was driven mainly by non- VA hospitals, researchers found. Vaccination for HCPs was man- datory in 69.4% of non-VA hos- pitals in 2017, up from 44.3% in 2013, reported M. Todd Greene, PhD, of the University of Michi- gan in Ann Arbor, and colleagues. However, there was no significant difference in the percentage of VA hospitals that required influenza vaccination and the percentage of VA hospitals with an influenza vac- cine mandate for HCPs was 4.1% in 2017, the authors wrote in JAMA Network Open. The CDC's Advisory Commit- tee on Immunization Practices recommends vaccination against influenza for all HCPs, and multiple medical societies support this recommendation. The U.S. Depart- ment of Health and Human Ser- vices also wants 90% of all HCPs vaccinated by 2020. Among non-VA hospitals, a signifi- cantly higher proportion of non-profit hospitals mandated vaccination for HCPs than for-profit hospitals in 2017.

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