N.L. to ban designated smoking rooms at work • Yukon passes presumptive legislation for firefighters • Nova Scotia introduces legislation to increase OHS Act fines • WorkSafeBC to hold public hearings on OHS amendments • WorkSafeBC consulting on occupational exposure limits list
NEWFOUNDLAND AND LABRADOR
N.L. to ban designated smoking rooms at work
An amendment to the Smoke Free Environment Act will help ensure greater protection of children and workers in Newfoundland and Labrador from exposure to environmental tobacco smoke, according to the provincial government. Once the amendment is proclaimed there will be a provincial ban on smoking in cars when children under the age of 16 are present, as well as a ban on designated smoking rooms in workplaces. The amendment continues to build on previous initiatives brought forth by the provincial government to help reduce tobacco consumption and secondhand smoke exposure. Previous amendments to the Smoke Free Environment Act in 2002 and 2005 saw smoking banned in places such as bars, decks, bingo halls, restaurants and other indoor public buildings. It is intended that the amendment will come into effect on July 1, 2011. At that time, designated smoking rooms in workplaces will be eliminated and employers not in compliance could be fined $500 to $5,000.
YUKON
Yukon passes presumptive legislation for firefighters
The Yukon has passed a law adding presumptive provisions for firefighters, including cardiac arrest and 10 cancers. Bill 95, an Act to amend the Workers’ Compensation Act, adds special presumptive provisions for current and former firefighters, effective July 1, 2011. Presumptive provisions mean the usual Yukon Workers’ Compensation Health and Safety Board (YWCHSB) determination of whether an injury or illness is work-related is not required in special presumptive circumstances. All Yukon firefighters (full-time, part-time, volunteer and wild land firefighters) will be included in a presumption for cardiac arrest within 24 hours of fighting a fire. Yukon is the only jurisdiction in the country to apply this presumptive legislation for wild land firefighters. Presumptive legislation is also provided for full-time firefighters who contract specified primary cancers demonstrated to be caused by cumulative fire fighting activities. Leukemia, non-Hodgkin’s lymphoma, bladder, brain, colorectal, esophageal, kidney, lung, ureter and testicular cancers will be considered work-related diseases for full-time Yukon firefighters. The Bill also contains a provision that allows the commissioner in executive council to add to the listed primary cancers as new evidence is obtained. Presumption on any added primary cancers will be retroactive to July 1, 2011. Improved occupational health and safety regulations have also been prepared to better protect full-time firefighters from developing occupational cancers or cardiac arrest, according to the YWCHSB. Presumption for the specified primary cancers will be effective for volunteer and part-time firefighters no later than three years from the date of the ascent of the bill, retroactive to July 1, 2011. Improved prevention regulations for volunteer and part-time firefighters will be developed in conjunction with the effective date of their cancer presumption.
www.worksafebc.com/regulation_and_policy/policy_consultation/law_40_10_760.asp.n
NOVA SCOTIA
Nova Scotia introduces legislation to increase OHS Act fines
Nova Scotia has introduced legislation to increase the fines levied under the Occupational Health and Safety Act.This legislation proposes the first increase for the province since the maximum fine was set at $250,000 in 1996. The maximum fine would remain $250,000 for a first offence and rise to $500,000 for additional offences within five years under the proposed legislation. The maximum fine for an offence involving a death would be $500,000. “Increasing fines for those who break our health and safety laws sends a message that more must be done to reduce injuries, illnesses and deaths at work,” said Marilyn More, Minister of Labour and Advanced Education. The amendments were recommended by the Occupational Health and Safety Advisory Council, with equal representation from unionized and non-unionized employers and employees.
