Law Times

PAGE 16 FOCUS February 28, 2011 • Law Times Report proposes revamp of 'broken' safety system But election could derail implementation of sweeping recommendations BY ROBERT TODD Law Times tem has raised pressing questions about the protection of vulner- able workers in the province, it remains unclear whether the ef- fort led by public policy expert Tony Dean will prompt mean- ingful change. Norm Keith, leader of Gowl- W ing Lafl eur Henderson LLP's national occupational health and safety group, says the report has a striking theme. "It seems that between the lines the Dean commission inquiry report is saying that the government- mandated health and safety prevention system in Ontario is broken," he notes. Th e report was released last December. It envisions a sub- stantial overhaul of the current hile an expert panel report on Ontario's health and safety sys- regime with 45 proposals calling for the following key changes: • Increasing the presence of government, employers, and unions in prioritizing occupa- tional health and safety goals. • Expanded training on the rights and responsibilities of workers and supervisors. • More stringent training re- quirements for high-risk activities such as working at heights. • Creation of a new preven- tion organization, led by a chief prevention offi cer, to help integrate the system and improve effi ciency and accountability. • Tougher fi nes for violations. • Better integration of train- ing on occupational health and safety in schools and universities. • Recognizing and providing incentives for high-perform- ing employers and sharing Norm Keith believes the elec- tion could stall action on the report. best practices, especially in relation to small businesses. Keith emphasizes observations in the report that suggest the Workplace Safety and Insurance Board is competing with asso- ciations that are aligned through workplace safety and preven- tion services and largely funded through WSIB premiums paid by employers. "You've got the board that is funding them also com- peting with them," says Keith. "It's just bizarre. Th ere is all sorts of chaos, confusion, self-interest with the net result that there is not a simple and clear focus in this province for prevention." Another key recommendation from the panel would see the ap- pointment of a multi-stakeholder prevention council. Keith likes the idea of management, labour unions, and government working together on workplace health and safety in such a forum. But he suggests the inclusion of unions in such a capacity lacks practical- ity in the context of a labour force with a dwindling share of union- ized workers. Ben Ratelband of McCarthy Tétrault LLP notes that the im- pact of the panel report will depend largely on government implementation. Yet he specu- lates that if a series of standard- ized training regimes are put in place, lawyers will be kept busy under the new regime. "You might see some litigation around that, as to when it applies, when it doesn't," he says. Th e act currently makes way LABOUR & EMPLOYMENT TITLES THE CORPORATE COUNSEL GUIDE TO EMPLOYMENT LAW, THIRD EDITION Peter Wilson and Allison Taylor Divided into three parts, Hiring, The Employment Relationship and Termination, this third edition provides pertinent, up-to-date guidance on a host of topics, including: the new human rights regime in Ontario; end of mandatory retirement; employment standards update and much more. Perfectbound • 376 pp. • 2010 • $95 • P/C 0941010003 • ISBN 978-0-88804-512-6 A PRACTICAL GUIDE TO THE LAW OF TERMINATION IN ONTARIO, SECOND EDITION Janice Rubin and Hena Singh This practical text provides an overview of the law and helpful advice when planning a termination in Ontario. It also helps you avoid commonly made termination mistakes, which often cause unexpected legal liability. Perfectbound • 174 pp. • 2010 • $65 • P/C 970010002 • ISBN 978-0-88804-505-8 ENGAGING UNIONIZED EMPLOYEES: EMPLOYEE MORALE AND PRODUCTIVITY Blaine Donais This is the first book dedicated to employee engagement in the unionized work environment. This text gives you the practical tools, guidelines and guidance necessary to achieve and benefit from having an engaged union workforce. This resource includes practical templates, diagrams and checklists to get you started on the unionized employee engagement path. Perfectbound • 172 pp. • 2010 • $54 • P/C 0122010000 • ISBN 978-0-088804-510-2 POWERFUL EMPLOYMENT POLICIES Lauren M. Bernardi This is a ready-to-use compilation of important policies and related forms for preparing a legally sound, user-friendly employee policy manual. Revised and updated regularly to bring you the most current issues affecting the workplace, all of the forms and policies are pre-made and organized for easy access. You'll find one policy per topic with guidelines on how to customize it. Looseleaf with CD-ROM • $133 • Subscription updates invoiced as issued (1/yr) • P/C 0688030000 ISBN 0-88804-334-1 Visit canadalawbook.ca or call 1.800.565.6967 for a 30-day no-risk evaluaion Prices subject to change without notice, to applicable taxes and shipping & handling. for fi nes of $25,000 per count, plus up to six months in jail, for individuals. Corporations face fi nes of up to $500,000 per count. If penalties are increased as the panel envisions, greater deterrence could be the result, Ratelband suggests. Of course, an accompanying rise in litiga- tion would again be the out- come as those charged will have greater motivation to oppose their charges. While many of the recom- mendations appear contentious from an employer's perspective, Ratelband fi rmly backs one that would make high school gradu- ation contingent upon comple- tion of a course or test on health and safety awareness. "Th ere's a great deal of value in providing some basic under- standing to students who are just starting to enter the work- force in these concepts of oc- cupational health and safety," he says. Ratelband also likes the idea of ramping up supports for small businesses. He points out that many such employers struggle to grasp the various lay- ers of regulation they must ac- count for and need special guid- ance to ensure compliance. At the same time, Keith points out that it isn't clear when or if the proposals will lead to concrete changes. With the gov- ernment in election mode as the Oct. 6 ballot nears, it's possible that Premier Dalton McGuinty's Liberals will avoid taking action to prevent a potential backlash. It's worth noting that the same day the Dean report was released, then-labour minister Peter Fon- seca was replaced by Mississauga South MPP Charles Sousa. Th e new minister may want to get his feet wet before making any big moves on the fi le. "He's got to fi nd out what's what," Keith says. "He's got no idea of what the report is about. He has no background. So he'll be very closely monitored by the premier's offi ce in terms of his conduct. He's essentially been invisible since his appointment." Regardless, it's necessary for employers to be proactive when reports like this are released. Ratel- band encourages them to contin- ue to put into place occupational health and safety systems with appropriately trained supervisors and workers complemented by an ongoing due-diligence system. "Th ey need to be, in an ongo- CANADA LAW BOOK® LT0228 CA137 www.lawtimesnews.com ing basis, assessing the hazards in the workplace and proactive- ly taking steps to put in place their due diligence certainly for the legal defence but also to pre- vent these things from happen- ing at all."

• Cover
• Thick Skins
• Philosophical Roots
• Focus On Labour & Employment Law