Canadian Safety Reporter

September 2018

Focuses on occupational health and safety issues at a strategic level. Designed for employers, HR managers and OHS professionals, it features news, case studies on best practices and practical tips to ensure the safest possible working environment.

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Safety Reporter Canadian September 2018 Worker caught doing too much, loses worker's compensation benefits Worker downplayed abilities from injury while surveillance showed otherwise; benefits terminated for abusing modified work program BY JEFFREY R. SMITH A PRINCE EDWARD ISLAND worker who had his workers' compensation benefits termi- nated after surveillance showed him doing more than he said he was capable of has had his appeal dismissed by the P.E.I. Court of Appeal. Robert Doiron was a police officer and security officer at the University of Prince Edward Is- land in Charlottetown. On Oct. 29, 2015, Doiron was on duty patrolling the university campus when he slipped and fell down some stairs. In the fall, he in- jured his right groin muscle and strained his left hip, requiring Stress of old complaint not a danger related to current job Public servant exercised work refusal after he was denied paid leave to work on his complaint against previous employer BY JEFFREY R. SMITH A FEDERAL public servant's complaint against his former employer in another government department may have caused him stress but didn't cause a danger to him in his current position that warranted a work refusal, the Canada Occupational Health and Safety Tribunal has ruled. Pierre Morin was a senior program advisor at Employment and Social Development Canada (ESDC) for the federal government DEGENERATIVE CONDITION NOT AGGRAVATED BY MINOR WORKPLACE ACCIDENT Worker didn't miss time or require accommodation until surgery 11 months later pg. 6 PARTIAL PERMANENT IMPAIRMENT NOT A RECURRENCE OF INJURY Worker claimed entitlement after taking additional time off from new job, but he already received award for partial impairment pg. 3 FIRING WAS BUSINESS DECISION, NOT DISCRIMINATION Employer properly handled harassment incident; decided to dismiss worker after learning she planned to quit pg. 5 INSIDE NEWS BRIEF Activities > pg. 4 Credit: Shutterstock/Romaset Complaint > pg. 2 PM #40065782 U.S. COURT ORDERS GOVERNMENT TO ENFORCE CHEMICAL SAFETY RULE WASHINGTON (Reuters) — A fed- eral appeals court has ordered the Trump administration to immedi- ately implement an Obama-era chemical safety rule introduced af- ter a 2013 explosion at a Texas fer- tilizer plant that killed 15 people. The D.C. Circuit Court ruling was the latest to counter efforts under President Donald Trump to delay en- vironmental regulations introduced by former President Barack Obama. The court ordered the Envi- ronmental Protection Agency to implement the Chemical Disaster Rule, saying the EPA did not have authority to delay the rule. A week before Trump took office, the EPA issued the rule, which re- quired industries to take steps to prevent disasters. Those included more analysis of safety technol- ogy, third-party audits, incident investigation analysis and stricter emergency preparedness. Former EPA head Scott Pruitt, who resigned in July under ethics allegations, had argued the rule posed unnecessary burdens and introduced a proposal to rescind the rule. An EPA spokesman said the agency was reviewing the ruling.

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