Canadian Safety Reporter

3 Worker reinstated following dismissal for breaching safety rules Worker resisted wearing PPE all the time; requirements were inconsistent and unclear BY JEFFREY R. SMITH A YUKON EMPLOYER did not have clear guidelines for wearing personal protective equipment (PPE) and therefore could not use it as one of the reasons for firing an employee, the Yukon Small Claims Court has ruled. Evgenia Goncharova worked as a garbage dump attendant for the Marsh Lake Solid Waste Management Society in Marsh Lake, YT, hired in February 2011. She began as a part-time employee for about five months before she was given a full-time position in July 2011. Over the next two years, Gon- charova's manager became con- cerned with aspects of Goncha- rova's employment, including her performance, absenteeism, ability to work with others, over- time claims, and an inconsistent wearing of PPE. The manager brought her concerns to the so- ciety's board in summer 2013 and the board notified Goncha- rova that her position would be re-evaluated and reviewed for a 60-day period. The 60-day period came and went without event and Gon- charova continued in her job as she had before. Goncharova's manager con- tinued to have difficulties with her on several issues, and there was a back-and-forth over com- plying with safety requirements. According to her manager, Gon- charova didn't like to wear her safety vest and steel-toed boots, though this was a job require- ment at all times. The manager frequently had to remind her to wear her boots and hardhat — the latter was to be worn when- ever Goncharova was "engaged in an activity that required it." The manager finally told Gon- charova that she could lose her job if she didn't wear the re- quired safety equipment. In September 2013, Goncha- rova's manager called a board meeting that included Goncha- rova. She confronted Goncha- rova over the work issues and Goncharova became defensive, telling the manager she wasn't doing her job properly. The man- ager didn't feel the board was acting on her concerns, so she resigned. An interim manager was ap- pointed and shortly after, in the fall of 2013, the Yukon Worker's Compensation Board (WCB) audited the facility. Following the audit, the society's board instituted rules reinforcing the need to use safety equipment and PPE at all times. The interim manager had sev- eral discussions with Goncharo- va over her failure to comply with the hard-hat requirement. The WCB required the use of hard hats only in certain specific areas, but the board had decided they should be worn everywhere at the facility. Goncharova disagreed with the blanket requirement. The interim manager also found Goncharova sometimes smoked at the facility, which was considered a safety hazard. He knew Goncharova was smoking in the office because, while he never caught her, he could smell it and knew she was hiding an ashtray under a coffee table. He advised Goncharova in February 2014 that she could be fired for violating the no-smoking rule. Worker didn't wear PPE at all times and smoked in the office A new full-time manager was hired in December 2013 and had difficulties with Goncharova right from the start. She felt Gon- charova resented her becoming a manager and was insubordi- nate to her just about every day. As with the interim manager, she didn't catch Goncharova smok- ing but could smell it and saw the ashtray under the table. On one occasion Goncharova blamed another employee who had been standing in the doorway smok- ing. On another, Goncharova stormed out of the office after an argument, lit a cigarette, and smoked it in front of the manager. Goncharova denied she smoked in the office, despite the evidence to the contrary. Other employees who smoked were al- lowed to smoke in their own ve- hicles in the parking lot. The new manager advised Goncharova that PPE was to be worn all of the time, including hard hats. On one occasion she said that any further failure to wear safety gear would result in Canadian HR Reporter, a Thomson Reuters business 2016 News | October 2016 | CSR Credit: Shutterstock/Love Silhouette Worker argued > pg. 7 Manager could smell smoke in the office and saw an ashtray hidden under a table

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