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The Reality of Oil Drilling Safety The Oil and Gas Well Drilling Industries can quickly become one of the most dangerous enterprises of all if safety is bypassed. Out of the documented injuries that have occurred in this sector, there was reportedly a twenty-seven percent fatality rate increase seen from 2013 to 2014, with 142 […]

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The Reality of Oil Drilling Safety

The Oil and Gas Well Drilling Industries can quickly become one of the most dangerous enterprises of all if safety is bypassed. Out of the documented injuries that have occurred in this sector, there was reportedly a twenty-seven percent fatality rate increase seen from 2013 to 2014, with 142 fatal injuries, making the rate nearly 16 deaths per 100,000 workers. These increases almost make it the highest fatality rate of all job sectors. In October 2015, an important report was published by OSHA for the Upstream Oil and Gas Industry. It highlighted which fatal accidents occurred most often. The aim of this report was to help minimize the number of fatalities and dangerous accidents in the industry. Since these numbers are so severe, TriTech Safety has made it a priority to publish this article on the most common accidents in the oil and gas well drilling industries, along with some practical steps on how to minimize these dangers.

7 Common Accidents:

1. Fire and Explosions

This is the leading accident in the oil drilling industry. In the process of drilling, blowouts, tripping out and swabbing, combustible gasses can exit and react with the air, a potential cause for explosions. Other common ways in which explosions can occur include: cutting or welding in proximity to combustible materials as well as detonating perforating guns above ground. When it comes to having the needed situational awareness, safety training for these fire outbreaks can mean the difference between life and death.

2. Falls

Falls occur in the oil drilling industry as well. These happen most commonly in elevated rig areas. Workers can fall from the rig floor to a grade or the open ocean. These accidents are extremely dangerous, but they can be avoided when openings have safety structures fastened and proper safeguards are set in place to secure workers as they operate on these elevated rigs.

3. Electrocution

Saltwater, as well as some chemicals used in the extraction process, is corrosive. The simplest of tasks, such as faulty or worn wiring while changing a light bulb can cause an electric shock on board a drilling rig. A simple measure to avoid electrocution is to wear electrical insulators as protection, as well as to perform regular inspections to replace worn or damaged equipment.

4. Being Struck

Workers are at risk of getting hit by falling or moving objects such as tongs, pipes, rotary tables, or spinning chains. In some instances, high-pressure hose connections have failed, allowing a whipping hose to strike workers.

5. Becoming Caught

Clothing and extremities are at high risk for entrapment. These hazards can include collars and tongs, spinning chains, pipes, and rotary tables. It is important to note: any area where contact distances rapidly shift or confine workers into a tight space; it can prove fatal to the person involved.

6. Rig Collapse

Rigs often collapse when a rig is carrying more than it is designed to carry. Another cause of Rig Collapse is when the Rig Assessment is not detailed enough or performed in a necessary practice. Mechanical issues from regular neglect like those just mentioned above will quickly raise the possibility of frequent accidents occurring.

7. Exposure to Harmful Chemicals

Chemicals like hydrogen sulfide are colorless and are quite difficult to detect. Long term effects could cause respiratory paralysis, sudden collapse, irregular heartbeat, and death. Workers can be exposed to these chemicals during gauging and drilling. Prevention starts by wearing proper gas masks with regularly changed out air filters. [post_title] => 7 Common Accidents in The Oil Drilling Industry [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => 7-common-accidents-in-the-oil-drilling-industry [to_ping] => [pinged] => [post_modified] => 2018-03-14 13:01:32 [post_modified_gmt] => 2018-03-14 13:01:32 [post_content_filtered] => [post_parent] => 0 [guid] => https://tritechsafety.ca/?p=6672 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw )

The Unnoticed Cost of Skipping Safety Training While their deaths may not make the news, 12 people die every day from workplace accidents. According to statistics released by the Department of Labor, there are usually over 4 million workplace injuries and illnesses reported annually. Employers pay over half a billion dollars in workers’ compensation wages […]

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The Unnoticed Cost of Skipping Safety Training

While their deaths may not make the news, 12 people die every day from workplace accidents. According to statistics released by the Department of Labor, there are usually over 4 million workplace injuries and illnesses reported annually. Employers pay over half a billion dollars in workers’ compensation wages alone, which exclude the cost of training replacement workers as well as the cost of lost time and productivity. As important as they are, best practices for safety don’t just happen. Knowing the consequences of skipping workplace safety training can help motivate you toward making regular improvements and avoiding unnecessary expenses. TriTech Safety can help with whatever safety training you need (Learn More Here). In this article, we will be looking at the top three reasons why skipping safety training can cost you big-time, and help you find what your company might be missing.

3 Reasons Why You Do Not Want To Skip Safety Training

1. Reduction in Productivity

In a 2012 study performed in the United States, they discovered that 150 workers were lost every day due to hazardous working conditions. When workers skip safety training, they lack the necessary knowledge to keep themselves safe in the workplace. Resulting sick leave, due to job site illnesses and injuries, quickly reduce the overall productivity of any company. When a worker is absent, another employee has to replace them and that person must be trained as well. These preventable tragedies not only disable workers and devastate families, but they also damage a company’s financial well-being and take a toll on the national economy.

2. Decrease in Workers’ Morale

In productive, enjoyable workplaces, a high value is placed on teamwork. It is not uncommon for employees to regularly work together for a considerable period of time, even becoming close friends. Because of this commonality, often everyone in a company can be affected by the actions of one individual. If a worker decides to skip workplace safety training regularly, then the possibility of workplace injury or illness can skyrocket. When employees are affected like this, often morale can drop which will result in lower levels of productivity, as well as job satisfaction.

3. Increase in Premiums & Expenses

A study done by the National Safety Council found that the cost per medically consulted injury, including estimates of wage losses, medical expenses, administrative expenses and employer costs were $39,000 on average. When safety training is skipped or deemed insignificant, workplace injuries increase, more claims are filed, and premiums go up. If an employees' regular attendance at safety training workshops is not monitored, then frequent injuries that commonly result from the lack of proper training could easily sully a company’s good name.

Solutions

There are many other reasons why safety training should never be skipped, but there is one simple way to avoid it: Make sure workers regularly attend the right safety training course for their industry, and carefully follow the workplace safety regulations that they have learned in class. Businesses should also strive to put appropriate insurance policies in place so that they do not incur losses for incidents that they are not at fault for. It is important to know that both workers and employers have to comply with proper health and safety legislation. TriTech Safety is a pristine safety training company that can keep you up to date with all of the newest workplace safety training requirements. To learn more visit: https://tritechsafety.ca/courses/ [post_title] => 3 Reasons Skipping Safety Training Can Cost You Big-Time And One Simple Way To Fix It [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => 3-reasons-skipping-safety-training-can-cost-you-big-time-and-one-simple-way-to-fix-it [to_ping] => [pinged] => [post_modified] => 2018-03-14 13:03:15 [post_modified_gmt] => 2018-03-14 13:03:15 [post_content_filtered] => [post_parent] => 0 [guid] => https://tritechsafety.ca/?p=6457 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw )

In this article, we have put together the top 4 OHS fines for small businesses. Many small businesses can easily think that there is no need for having a safety program since there may be only a few employees in the entire company. But Occupational Health & Safety Department Officers do not take incidents lightly […]

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In this article, we have put together the top 4 OHS fines for small businesses.

Many small businesses can easily think that there is no need for having a safety program since there may be only a few employees in the entire company. But Occupational Health & Safety Department Officers do not take incidents lightly in which OHS legislation codes have been violated, regardless of company size. Whether a small business has one employee or one hundred, there should always be a strong safety culture in place so that protection comes first & OHS fines are easily avoided. TriTech is in the best position to keep you up to date with the essential and important industry practices to prevent easily avoidable accidents and costly fines from OHS officers. You can find more information at: https://tritechsafety.ca/courses/

Here are the top 4 OHS fines for many small businesses:

  1. Fall Protection A fall or lack of fall protection are incidents that the OHS takes very seriously and will not hesitate to issue immediate tickets for all offending parties that violate this regulation (See this article on possible prison time for fall violations). OHS fines for fall protection can come in a variety of different ways. It can be very dangerous working at any height over 3 meters, so being safe should be the most important thing to any business owner. Three ways that small businesses can be ticketed for this include: Improper construction of safety equipment, inadequate training of employees in the use of fall protection equipment and the non-usage of required fall protection equipment.
  2. Head Protection At any job site, it is critical that the head of every employee is properly protected from a variety of potential dangers. So many things fly around at a busy workplace which could pose serious harm to employees. Businesses can avoid getting an OHS fine by providing the proper head protection for employees and making sure that the workplace is arranged in a way that head injuries will be non-existent.
  3. Hazard Communication Good hazard communication is an aspect of workplace safety that needs to be taken very seriously. Every hazardous item at the workplace must be listed, and employees must have access to this list. Employees should also be properly trained on how to use protective equipment for personal use. Updated material safety data sheets must be at the workplace; otherwise, the OHS will hand out a fine to the defaulting company.
  4. Training Requirements For any small business, it is imperative that its employees receive proper training in every aspect of their job. Training should include tool usage safety, how to correctly operate company equipment and the best use of protective gear for common day to day tasks. Remember that every person employed should be trained properly. Do not forget to hold regular safety meetings and safety refresher courses. OHS is very clear on the importance of proper training.

As mentioned earlier in this article, consult Tritech Safety for education on how to steer clear of these common OHS fines.

[post_title] => The Top 4 OHS Fines for Small Businesses [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => the-top-4-ohs-fines-for-small-businesses [to_ping] => [pinged] => [post_modified] => 2018-03-14 13:04:29 [post_modified_gmt] => 2018-03-14 13:04:29 [post_content_filtered] => [post_parent] => 0 [guid] => https://tritechsafety.ca/?p=6444 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw )

Who Does This Involve? The Occupational Health and Safety (OHS) is a body set up to enforce laws, regulations and codes under the OHS Act created for all of Alberta. OHS officers ensure these laws are followed to the letter through inspection of workplaces, investigations into an offense and prosecution of offenders. As far as […]

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Who Does This Involve?

The Occupational Health and Safety (OHS) is a body set up to enforce laws, regulations and codes under the OHS Act created for all of Alberta. OHS officers ensure these laws are followed to the letter through inspection of workplaces, investigations into an offense and prosecution of offenders. As far as workplaces in Alberta are concerned, there are set minimum standards established by the legislation for workplace health and safety practices. Tickets can be issued for direct non-compliance matters as well as easily noticeable on the job violations.

Real World Scenario

Here is an example: If a worker refuses to wear fall protection as stipulated in the Occupational Health & Safety Act, said worker may be issued a ticket right there on the spot where it happened. For each separate violation, ticket amounts can rise from $100 up to $500. There can also be a victim surcharge added onto the fine in the amount of 15%, which can be immediately applied to the ticket. The form on these tickets are somewhat similar to Alberta traffic tickets and lists the required information on how to pay the penalty or on how to contest the ticket. The form will also have a scheduled date for the court hearing and gives the courtroom location.

This Is Not New

The Occupational Health and Safety Council (OHSC) is an administrative body that acts as an advisory body in accordance with the authority and power possessed by the Occupational Health and Safety Act. It is therefore no longer a new thing that Occupational Health & Safety Officers have been given the authority to issue tickets on the spot and immediately to offenders of specific sections of the Occupational Health & Safety legislation, whether employer or worker. Before officers can issue tickets, by law, the incident must fall under the OHS legislation and it is imperative that a due investigation is carried out. The OHS Officers simply show that the offense has violated the codes in the legislation and then write the offender a ticket. Make sure to remember that almost everyone on the job site can be issued a violation. It is important to know that an officer can issue a fine based on observable non-compliance by workers, as well as the employers.

The Process

The following steps are carried out from the process of investigation to prosecution: • OHS officers look around the site of the incident to ascertain the cause and circumstances surrounding the incident. • An investigation report is prepared to summarize the incident. • An enforcement action review is conducted and submitted to the Alberta Justice for consideration for prosecution. • Charges are laid if the incident is considered for prosecution and conviction is likely. • There is a court hearing where the offender could be found guilty, discharged and acquitted or have the charges withdrawn.  

Find The Right Kind of Help

It is important to know that workers and employers both have to comply with health and safety legislation.

TriTech, located in Grande Prairie is in the best position to keep you up to date with the essential and important industry practices to prevent avoidable accidents and consequent fines from OHS officers. For more information, visit: https://tritechsafety.ca/courses/ [post_title] => OHS Officers Can Issue Immediate, On-The-Spot Tickets Against Employers and Workers [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => ohs-officers-can-issue-immediate-on-the-spot-tickets-against-employers-and-workers [to_ping] => [pinged] => [post_modified] => 2018-03-14 13:05:26 [post_modified_gmt] => 2018-03-14 13:05:26 [post_content_filtered] => [post_parent] => 0 [guid] => https://tritechsafety.ca/?p=6435 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw )

Note: This article will discuss OSHA’s current fine increase as of 2016 & onward. Future Changes It has been 25 years since the Occupational Safety and Health Administration has made changes to their monetary penalties for safety standard violations.  Below are listed changes effective this year. OSHA was required to publish the plan for the […]

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WP_Post Object ( [ID] => 6419 [post_author] => 1 [post_date] => 2016-12-26 01:04:14 [post_date_gmt] => 2016-12-26 01:04:14 [post_content] => Note: This article will discuss OSHA's current fine increase as of 2016 & onward.

Future Changes

It has been 25 years since the Occupational Safety and Health Administration has made changes to their monetary penalties for safety standard violations.  Below are listed changes effective this year. OSHA was required to publish the plan for the first inflation adjustment by July 1, 2016, with fee adjustments that took effect on August 1, 2016.
Type of Violation Current Maximum Penalty New Maximum Penalty
Serious Other-Than-Serious Posting Requirements $7,000 per violation $12,471 per violation
Failure to Abate $7,000 per day beyond the abatement date $12,471 per day beyond the abatement date 
Willful or Repeated $70,000 per violation $124,709 per violation

 Increases

In addition to the catch-up adjustment this year, the bill allows OSHA to continue increasing fines annually to keep up with inflation. Most statute violation penalties have been inflated every 4 years. OSHA and a few select federal agencies were previously exempted from raising their fines under the Federal Civil Penalties Inflation Adjustment Act. Going forward, businesses can expect to see annual increases by January 15 of each year. In the past, there were specific OSHA fines that had no noticeable financial impact with respect to other costs or risks associated with running a business. However, these increases in 2017 could change how penalties and fines impact your business and operating expenses moving forward. Safety experts believe that with these active changes now taking place, most companies will consider safety and OSHA standards to be more important in their day-to-day operating routine. Others have expressed: These fines are already high enough and will not make much of a difference. Whichever side of this argument you decide to take is of course your choice. Regardless, there is no better time than the present to evaluate your company's safety program and update the current procedures to comply with OSHA's required safety standards for 2017.

Preparation

To prepare yourself for the 2017 business calendar year, it would be helpful to look over the following checklist:
  1. Check out OSHA citations (HERE) and ascertain if your workers are in violation of any OSHA standards. Reading OSHA's Top 10 Most Frequently Cited Standards is a great first step in the right direction toward better safety preparation.
  2. Train your people on Hazard Recognition – Do your workers carry a 10-hour card & do your supervisors/managers have 30-hour cards? Make sure that everyone in the company is properly grounded in health and safety culture.
  3. Introduce your employees to Certified Safety Training Courses – Your workers should be trained properly on protection against hazards that could put them at risk. It is imperative that everyone in the company comply with health & safety legislation.
TriTech, located in Grande Prairie is in the best position to provide you with certified courses and keep you up to date with essential and relevant industry practices to prevent avoidable accidents and consequent fines from OHS officers. For more information: https://tritechsafety.ca/courses/ [post_title] => What Do OSHA Fine Increases Mean For You In 2017? [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => what-do-osha-fine-increases-mean-for-you-in-2017 [to_ping] => [pinged] => https://tritechsafety.ca/services/ https://tritechsafety.ca/courses/ [post_modified] => 2018-03-14 13:06:31 [post_modified_gmt] => 2018-03-14 13:06:31 [post_content_filtered] => [post_parent] => 0 [guid] => https://tritechsafety.ca/?p=6419 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw )

Safety Fines Per Province Safety fines for Alberta, British Columbia and Northwest Territories are not usually set at astronomically high price points. Therefore most companies are not too worried about excessive levying on the part of the OH&S. However, there is a possibility that future fines can reach a higher price point when combined. So […]

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Safety Fines Per Province

Safety fines for Alberta, British Columbia and Northwest Territories are not usually set at astronomically high price points. Therefore most companies are not too worried about excessive levying on the part of the OH&S. However, there is a possibility that future fines can reach a higher price point when combined. So in this article, you will learn everything you need to know that is important about this penalty structure and how it can impact your bottom-line.  

Protection & Compliance Amendment Act


 

The Bill:

The bill for the protection and compliance amendment act was brought into Alberta’s legislature in 2012, and it amended three acts, one of which is the Occupational Health and Safety Act and the Safety Codes Act. The bill is a way of keeping employers in check by the government, to make sure that they keep their business operations within the borders of health safety. The Occupational Health and Safety (OH&S) Act clearly spells some laid out rules which revolve around the health and safety of workers. Necessary amendments to the Occupational Health and Safety Act include the creation of administrative penalties. These sanctions will be meted out to Contractors, Employers, Business owners, suppliers and workers who default on one of the rules laid out in the OH&S Act.

Daily Capping:

The interesting thing here to note is that these OH&S fines are capped daily at $10,000. A penalty will not exceed $10,000 on any single day. However, this fine, upon failure to pay can continue to accumulate on a daily basis. Before the amendment, when an OH&S officer issued an order of a fine, if the offender failed to comply, the only alternative was to opt for a prosecution to ensure compliance. But now, the fines can continue to accumulate for days.  

Within OH&S Jurisdiction


 

Safety Conduct Act:

The Safety Conduct Act applies to fire protection and design, construction, manufacture, operation, installation and maintenance of buildings, elevating devices, electrical systems, private sewage disposal, plumbing, gas systems and pressure equipment.

Out of Jurisdiction:

Some workers in Alberta are not within the jurisdiction of provincial OHS legislation. These workers include: • Federal government employees • Workers in industries regulated by government such as aviation and banking. • Farm or ranch owners and their relatives, including any other person who works in these establishments for no pay. • Domestic workers. To enforce OH&S laws, officers can make sure things are in order through Inspecting, Issuing orders and tickets or Issuing administrative penalties.  

Provincial Offenses Procedures Act - Fine Increase


 

Three Year Limit:

One other amendment to the Act is the introduction of a limitation time of three years for the prosecution of offenses which fall under the act instead of the current six months which is obtainable under the Provincial Offenses Procedures Act. The maximum fine for a first-time offense increases from $15,000 to $100,000 and the succeeding offense can be increased from $30,000 to $500,000.

 

The TriTech Safety Solution:

TriTech Safety & Training Inc,  located in Grande Prairie is in the best position to keep you abreast of different developments on rules and laws about health and safety in industries as well as essential and valuable industry practices to prevent avoidable accidents. For more information go to https://tritechsafety.ca/courses/ [post_title] => Alberta’s OHS Fines Are Capped At $10,000, But What If They Can Accumulate Per Day? [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => albertas-ohs-fines-are-capped-at-10000-but-what-if-they-can-accumulate-per-day [to_ping] => [pinged] => https://tritechsafety.ca/courses/ [post_modified] => 2018-03-14 13:09:33 [post_modified_gmt] => 2018-03-14 13:09:33 [post_content_filtered] => [post_parent] => 0 [guid] => https://tritechsafety.ca/?p=6402 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw )

The Truth & Challenge Of Most Workplace Injuries Every single day, several injuries are reported occurring all over a diverse list of workplaces. The majority of these injuries can be avoided. Although many injuries occur in occupations that require physical labor, these injuries are often caused by repetitive actions, carelessness, loose materials and several other […]

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The Truth & Challenge Of Most Workplace Injuries

Every single day, several injuries are reported occurring all over a diverse list of workplaces. The majority of these injuries can be avoided. Although many injuries occur in occupations that require physical labor, these injuries are often caused by repetitive actions, carelessness, loose materials and several other conditions that are specific to each of the business categories that these services are categorized under. Let us take a closer look at three industries where these accidents occur & find simple ways to avoid them.

Heavy Machinery / Production Plant - Slips, Trips & Falls

Common Problems:

Slips and trips are one of the most common types of injuries in the workplace. They occur most often in large and small production plants or work locations with heavy machinery that deals with oil, grease, and water. Some incidents take place using small tools and can range anywhere from relatively light, all the way to life-threatening, especially when the victim hits their head against heavy machinery. Slips and trips are caused most often when the workplace is disorganized, and piles of material are left on the ground (Another example would be water slicks on the open floor). Cramped areas and not enough walking space can easily make workers trip, slip and fall. Finally, objects that are left lying on the open ground can easily be stepped on.

Simple Solutions:

Accidents, like the ones just mentioned, can be easily prevented by putting a plan in place to give priority to thorough cleanup. The plan should include cleaning up all work areas immediately after work there finished. Routine cleaning should be done the next work day to guarantee that everything is where it is supposed to be. In areas that deal with water, a “slippery when wet” sign should be placed in a prominent spot so that everyone present will know to watch their steps carefully. Safety boots should also be a part of an employees’ uniform.  

Field Work / Construction Sites - Overexertion

Common Problems:

In field operations or construction sites, where a lot of physical exertion and heavy lifting is required, every worker stands the risk of overexertion. The bulk of the billions of dollars paid out to injury benefit costs every year is for employees who have suffered from overexertion. This accident is severe and can have long-lasting effects on both the injured employee(s) and their employer(s).

Simple Solutions:

A sure-fire way of avoiding overexertion injuries is through proper training. Some industries evaluate and train their workers on a weekly and monthly basis with proper lifting and moving techniques so that they can avoid these types of injuries. Most of the times these valuable education programs are overlooked, but it is crucial to follow a regular training routine. Proper education needs to be ingrained, revisited and corrected so that workers will not engage in any improper lifting techniques.  

Agriculture - Machine Entanglement

Common Problems:

This accident is unique to the farming trade, and it is one of the most life-threatening disasters in the industry. In most cases, the accidents occur when loose clothing or protective gear get stuck in the moving part of a machine, which then draws in part of the body. Injuries could be minor scrapes, scratches, and bruises. However, bones can break, or there is potential for internal bleeding.

Simple Solutions:

To avoid this, maintain strict dress codes that conform to the prevention of occupational hazards caused by inappropriate clothing. Also, the use of tools or protective gear like gloves should be prohibited when operating machines that can cause entanglement. Every machine should be inspected for parts that could snag a worker and cause entanglement. These parts should have guards on them and should be closed.   TriTech Safety & Training Inc, located in Grande Prairie is in the best position to keep you up to date with the essential and important industry practices to prevent avoidable accidents. For more information go to https://tritechsafety.ca/courses/ [post_title] => The Top 3 Industries That Experience The Most Easily Avoidable Accidents [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => the-top-3-industries-that-experience-the-most-easily-avoidable-accidents [to_ping] => [pinged] => https://tritechsafety.ca/courses/ [post_modified] => 2018-03-14 13:12:18 [post_modified_gmt] => 2018-03-14 13:12:18 [post_content_filtered] => [post_parent] => 0 [guid] => https://tritechsafety.ca/?p=6157 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw )

This article will briefly explain how: One company supervisor received a prison sentence for something very fixable & how you can easily avoid this same tragedy.   The Case What Happened: In the court case: Ontario (Ministry of Labour) v. J.R. Contracting Property Services et al. ,  the employee of J.R. Contracting slipped off of a […]

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WP_Post Object ( [ID] => 6135 [post_author] => 1 [post_date] => 2016-12-02 16:42:45 [post_date_gmt] => 2016-12-02 16:42:45 [post_content] => This article will briefly explain how: One company supervisor received a prison sentence for something very fixable & how you can easily avoid this same tragedy.

 

The Case

What Happened:

In the court case: Ontario (Ministry of Labour) v. J.R. Contracting Property Services et al. ,  the employee of J.R. Contracting slipped off of a roof while ripping out shingles (Ontario Ministry of Labor) The result? An employee permanently paralyzed below the waist.

 

What the Court Decided:

Mary Ross Hendriks (Justice of the Peace) penalized J.R. Contracting Property Services $75K and sentenced the worksite supervisor to forty-five prison days for their part in the accident.

 

The Court's Reasoning:

The worker testified that J.R. Contracting did not provide the needed & necessary fall protection equipment or implement the needed training on this type of equipment. It was concluded that this fits the definition of an employee under Ontario’s Occupational Health and Safety Act. A court decision was made. The supervisor did not ensure that the injured employee had access to the necessary protective devices. They said that she failed to furnish sufficient protection for workers exposed to fall hazards of over 3 meters.

 

Ruling Reasons:

  • Supervisor's "serious disregard for public welfare statutes".
  • Lack of compliance with previous court orders.
  • Continual flouting of regulatory standards concerning the workplace.
  • The lack of hope for rehabilitation.
  • The requirement for both overall and specific deterrence.
  • Lacking expression of any remorse for the employee's pain and health.                 Ontario (Ministry of Labour) v. J.R. Contracting Property Services et al.

 

Prison Sentencing Factors

So what is often the big determining factor as to whether a person (or someone in the company) receives a fine or jail time? Let us get our answer from a workplace law office. According to Matthews, Dinsdale & Clark LLP- "OH&S regulatory offenses are, generally, negligence-based offenses rather than intent-based offenses – meaning they are, offenses of omission (failing to do something required) rather than the commission of a reckless or intentionally prohibited act.” Gone are the days back in 1909 when social and legal responsibility for the physical condition of a labor force was a new concept. In time the law increased by levying financial penalties. Now these legal responsibilities have developed to potential prison sentences if neglected. Under OH&S legislation, jail sentences seemed to be mostly designed as a last resort, inflicted with moderation by the courts. Potential prison sentences vary from jurisdiction to jurisdiction. One month terms (per offense), for example in Prince Edward Island. Whereas possible 2-year terms (per offense) in Saskatchewan, Nova Scotia, and the Yukon (with judgments of up to two & three years that are possible for succeeding offenses), under the Canada Labour Code. Financial penalties are the most typical of the OH&S offenses. However, we can now find Canadian OH&S rulings that hint at a change towards more prison sentences for supervisors, managers, directors, and officers.

 

The Simple Solution:

To help ensure that something like this does not happen to your supervisors, managers, directors, officers, and your company, learn some simple OH&S guidelines. If anyone is at risk of falling three meters or more at the job site, then make sure everyone wears the proper fall protection equipment. If fall protection is needed, establish an entire fall protection program (If one is not already in place). The OH&S instruction course should include training workers, selecting, outfitting, and inspecting the equipment. TriTech, located in Grande Prairie, offers this kind of crucial training here: Fall Protection Introduction & User Level (OSSA & Non-OSSA Available) Locations for Canada: Alberta, British Columbia & the Northwest Territory [post_title] => Can Canadian Supervisors Get 45-Days In Jail For This OHS Violation? [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => can-canadian-supervisors-get-45-days-in-jail-for-this-ohs-violation [to_ping] => [pinged] => https://tritechsafety.ca/course/fall-protection-introduction-user-level-ossa-non-ossa-available/ [post_modified] => 2018-03-14 13:13:18 [post_modified_gmt] => 2018-03-14 13:13:18 [post_content_filtered] => [post_parent] => 0 [guid] => https://tritechsafety.ca/?p=6135 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw )
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