Report from the OH&S Canada magazine (June 2017)
A recent work refusal at Sterling Fuels Ltd. in Windsor, Ontario caused the company to suspend work temporarily for most of the ship-offloading and loading staff.
The incident occurred on April 05, 2017, when one employee refused to work on the dock because of work conditions perceived to be unsafe, according to Mike D’Agnolo, president of Unifor Local 444, the union that represents the workers. D’Agnolo specifies the reasons for the work refusals as improper eyewash stations, improper showers and not having a legitimate rescue plan in place if someone was to fall in the water.
Following the refusals, Sterling contacted the Ontario Ministry of Labour, which sent a health and safety officer to investigate the worksite shortly before Easter weekend. In the meantime, Sterling cancelled operations on the dock.
For D’Agnolo, much of the problem stems from what he sees as an insufficient rescue plan for workers who fall into the Detroit River. “We would like to see a rescue boat,” he says. “Some of the ships that we load and offload, their rescue boats are hanging over our dock, so they are not deployable.”
In the event that a work falls into the water, a co-worker would have to dive in to rescue the worker in distress, thereby endangering both workers’ lives. And calling an external fire department to come to the rescue could take anywhere from 15 to 45 minutes, D’Agnolo explains.
Joel Gardner, Sterling’s corporate health, safety and environmental manager, acknowledges that the layoffs were connected to the work refusals. But Gardner claims that Sterling had been investing in improved safety over the last two years, including buying a new work boat for rescue purposes. The company has also invested about $250,000 in dock upgrades – in particular, platforms that have expanded and reinforced, fall protection, emergency response, lifesaving rings, boat hooks and throw bags.
In March 2016, Local 444 members of Sterling refused to work, reportedly over a lack of proper protective equipment and training. But Gardner clarifies that the walkout resulted from a “new process” involving rail offloading. The incident led to an investigation from a health and safety officer and yielded compliance directions.
My opinion
As I read the report, it dawned on me that Mr. Gardner was attempting to control the situation and downplay the problems listed in the work refusals.
I wonder if he is aware that the company fines structure in today’s work environment are much higher than before. Below is the content of section 66 of the Ontario Occupational Act (OHSA), which states,
1) “Subject to subsections (2) and (2.1), every person who contravenes or fails to comply with,
(a) a provision of this Act or the regulations;
(b) an order or requirement of an inspector or a Director; or
(c) an order of the Minister,
is guilty of an offence and on conviction is liable to a fine of not more than $500,000 or to imprisonment for a term of not more than twelve months, or to both.”
Same
(2) “If a corporation is convicted of an offence under subsection (1),
(a) the maximum fine that may be imposed upon the corporation is $2,000,000; and
(b) for a second or subsequent offence that results in the death or serious injury of one or more workers in a two-year period, the minimum fine that may be imposed is $500,000.”
Same
(2.1) A director or officer of a corporation who contravenes or fails to comply with section 32 is guilty of an offence and on conviction is liable to a fine of not more than $1,500,000 or to imprisonment for a term of not more than twelve months, or to both.”
Mr. Gardner needs to advise those he answers to of the hefty fines and possible jail time for non-compliance. That is his job!
HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Due Diligence’ and ‘Standard Operating Procedures’. Contact Deborah toll free at 1-877-907-7744 or locally at 705-749-1259.
We can also be reached at info@hrsgroup.com
Ensure your workplace is a safe place.
Remember – In Ontario, “ALL Accidents are Preventable”
‘Work’ and ‘Play’ safe.
Daniel L. Beal
CHSEP – Advanced Level
CEO & Senior Trainer
HRS Group Inc.