WHMIS may soon morph into GHS to comply with international standards • Mandatory reporting of patient abuse in Alberta • Bar lowered for mandatory testing of bodily substances for emergency workers in Saskatchewan • Manitoba drivers have to hang up cellphones in July • Quebec seeks reciprocal enforcement of OHS convictions • Domestic workers to get WCB coverage in Quebec, but commission can’t reinstate workers fired due to injury • Newfoundland and Labrador drivers have to hang up cellphones in October
FEDERAL
WHMIS may soon morph into GHS to comply with international standards
The Workplace Hazardous Material Information System (WHMIS) may soon be changing to comply with international standards. WHMIS encourages safe handling of hazardous materials through labelling, safety information sheets and worker education. WHMIS is implemented through co-ordinated federal, provincial and territorial legislation. Complete information about the changes will only be available when it is published in the Canada Gazette. However, information about the new global standards — The Globally Harmonized System of Classification and Labelling of Chemicals (GHS) — is available at www.unece.org/trans/danger/publi/ghs/ghs_welcome_e.html.
ALBERTA
Mandatory reporting of patient abuse
A new Protection for Persons in Care Act came into force on July 1, 2010. This legislation requires the mandatory reporting of patient abuse at certain facilities like hospitals and nursing homes. It also provides a mechanism for investigating complaints and preventing abuse. The duty to report abuse at these facilities applies to all people, including employees. Employees who work in workplaces covered by the legislation should be trained to report abuse.
SASKATCHEWAN
Bar lowered for mandatory testing of bodily substances for emergency workers
Amendments to the regulations under The Mandatory Testing and Disclosure (Bodily Substances) Act make it easier for emergency personnel to obtain mandatory testing of potentially dangerous bodily substances they are exposed to. Emergency workers are no longer required to prove that the exposure occurred while they were providing emergency care. Instead, they only need to show that they were exposed in the course of providing their professional services. The person seeking mandatory testing will still require a doctor’s report and must obtain court order.
MANITOBA
Drivers have to hang up cellphones in July
Employers with workers on the road in Manitoba need to circle July 15 on their calendars. That’s the date the new law banning texting and hand-held cellphones while driving comes into force. Drivers who ignore the law could face a fine of almost $200, said Steve Ashton, the province’s infrastructure and transportation minister. “We know the hazards that distracted drivers create on our roads. Talking on a hand-held cellphone and texting are major distractions while driving,” said Ashton. Motorists may also face a fine of almost $200 for smoking in vehicles when children under the age of 16 are present.
QUEBEC
Quebec seeks reciprocal enforcement of OHS convictions
Quebec has introduced legislation —Bill 111 — to facilitate reciprocal enforcement of decisions ordering the payment of a sum of money. It would give the province’s health and safety commission the power to seek enforcement of Quebec decisions in other jurisdictions. Other jurisdictions would also be able to request that their decisions be enforced in Quebec. Health and safety convictions may be easier to enforce under this legislation. It passed first reading on June 11, 2010.
Domestic workers to get WCB coverage, but commission can’t reinstate workers fired due to injury
Quebec has introduced Bill 110, an act to amend the occupational health and safety plan, to grant greater protection to certain domestic workers. Domestic workers who work at least 24 hours per week will be able to claim workers’ compensation benefits. The bill also amends health and safety legislation to clarify employer obligations respecting domestic workers. The bill was introduced on June 4, 2010. Another interesting aspect of the bill is that the Commission de la santé et de la sécurité du travail would be unable to reinstate a domestic employee who has been terminated because of a work-related injury. Normally, the commission can reinstate such an employee, but this will not apply to domestic workers, possibly because of the personal nature of employment relationships in a domestic context.
NEWFOUNDLAND AND LABRADOR
Drivers have to hang up cellphones in October
Amendments to the Highway Traffic Act in Bill 27 will make changes to the prohibition on driving while using a cellphone and toughen roadside suspension penalties for impaired driving. The changes will come into force on Oct. 1, 2010. Bill 27 clarifies that a phone being used in “hands-free” mode is permitted, and emergency personnel such as ambulance drivers, firefighters, and police officers are exempt from the rule while carrying out their job duties.
WHMIS may soon morph into GHS to comply with international standards
The Workplace Hazardous Material Information System (WHMIS) may soon be changing to comply with international standards. WHMIS encourages safe handling of hazardous materials through labelling, safety information sheets and worker education. WHMIS is implemented through co-ordinated federal, provincial and territorial legislation. Complete information about the changes will only be available when it is published in the Canada Gazette. However, information about the new global standards — The Globally Harmonized System of Classification and Labelling of Chemicals (GHS) — is available at www.unece.org/trans/danger/publi/ghs/ghs_welcome_e.html.
ALBERTA
Mandatory reporting of patient abuse
A new Protection for Persons in Care Act came into force on July 1, 2010. This legislation requires the mandatory reporting of patient abuse at certain facilities like hospitals and nursing homes. It also provides a mechanism for investigating complaints and preventing abuse. The duty to report abuse at these facilities applies to all people, including employees. Employees who work in workplaces covered by the legislation should be trained to report abuse.
SASKATCHEWAN
Bar lowered for mandatory testing of bodily substances for emergency workers
Amendments to the regulations under The Mandatory Testing and Disclosure (Bodily Substances) Act make it easier for emergency personnel to obtain mandatory testing of potentially dangerous bodily substances they are exposed to. Emergency workers are no longer required to prove that the exposure occurred while they were providing emergency care. Instead, they only need to show that they were exposed in the course of providing their professional services. The person seeking mandatory testing will still require a doctor’s report and must obtain court order.
MANITOBA
Drivers have to hang up cellphones in July
Employers with workers on the road in Manitoba need to circle July 15 on their calendars. That’s the date the new law banning texting and hand-held cellphones while driving comes into force. Drivers who ignore the law could face a fine of almost $200, said Steve Ashton, the province’s infrastructure and transportation minister. “We know the hazards that distracted drivers create on our roads. Talking on a hand-held cellphone and texting are major distractions while driving,” said Ashton. Motorists may also face a fine of almost $200 for smoking in vehicles when children under the age of 16 are present.
QUEBEC
Quebec seeks reciprocal enforcement of OHS convictions
Quebec has introduced legislation —Bill 111 — to facilitate reciprocal enforcement of decisions ordering the payment of a sum of money. It would give the province’s health and safety commission the power to seek enforcement of Quebec decisions in other jurisdictions. Other jurisdictions would also be able to request that their decisions be enforced in Quebec. Health and safety convictions may be easier to enforce under this legislation. It passed first reading on June 11, 2010.
Domestic workers to get WCB coverage, but commission can’t reinstate workers fired due to injury
Quebec has introduced Bill 110, an act to amend the occupational health and safety plan, to grant greater protection to certain domestic workers. Domestic workers who work at least 24 hours per week will be able to claim workers’ compensation benefits. The bill also amends health and safety legislation to clarify employer obligations respecting domestic workers. The bill was introduced on June 4, 2010. Another interesting aspect of the bill is that the Commission de la santé et de la sécurité du travail would be unable to reinstate a domestic employee who has been terminated because of a work-related injury. Normally, the commission can reinstate such an employee, but this will not apply to domestic workers, possibly because of the personal nature of employment relationships in a domestic context.
NEWFOUNDLAND AND LABRADOR
Drivers have to hang up cellphones in October
Amendments to the Highway Traffic Act in Bill 27 will make changes to the prohibition on driving while using a cellphone and toughen roadside suspension penalties for impaired driving. The changes will come into force on Oct. 1, 2010. Bill 27 clarifies that a phone being used in “hands-free” mode is permitted, and emergency personnel such as ambulance drivers, firefighters, and police officers are exempt from the rule while carrying out their job duties.
