SEPTEMBER 2013
Surveillance necessary: Lawyer
surveillance — continuous or intermittent," she says.
that communication open, that dialogue
This should be easier for employees
open."
nowadays with the advancement of
An open line of communication is an
technology, but surveillance could also
important component to worker safety,
include someone physically checking in
according to the Hamilton-based Canaon someone on a consistent basis, says
dian Centre for Occupational Health and
Pronovost.
Safety (CCOHS), which recommends
"Although it's not possible with all
employers speak with workers about
situations, the best practice would be
their job and the risks they encounter
to have both of these systems in place,"
on a daily basis.
she says.
CCOHS also suggests employers asEmployers that are found to not be
sess the risk of lone work based on a
compliant with this law are facing stiffer
number of variables, including the workpenalties, says Pronovost.
er's environment, the type of work being
Employees can find themselves in
completed and the likely consequences
trouble, too.
of an emergency or
"They have to
injury.
take the necessary
"The best practice would be
CCOHS does not
measures to ensure
consider lone work
their health and
to have both of these systems."
to be inherently
safety, as well," she
dangerous, but does
says.
recommend it be avoided when possible
"Those infractions… could also apply
and tasks that have greater risk be comto a worker."
pleted at a time when another worker
If an incident occurs and an investican be on-site.
gation reveals that it is probable the emThere is limited legislation outlining
ployee did not follow the correct safety
the obligations of an employer to ensure
procedure, the employer may want to
the safety of isolated workers, according
impose a disciplinary sanction, which
to Catherine Pronovost, a lawyer at Norcould include dismissal.
ton Rose Fullbright in Montreal.
"In a unionized context, the employQuebec does have one law that emee could file a grievance to contest such
ployers should pay attention to, she
measure," says Pronovost.
says.
"The arbitrator will have to decide on
"It stipulates that when a worker perthe basis of the balance of the probabilforms a task alone in an isolated enviity. The employer will also have to demronment where it is impossible for him
onstrate that the procedure was clear
to request assistance, it is the employer's
and communicated to the employee beobligation to have a specific means of
fore the date of the incident."
Continued from page 8
Comprehensive strategy needed
Continued from page 11
effect on the whistleblower's employment may incur large fines and, more
importantly, significant damage to the
organization's reputation. This can be a
challenging task to manage, particularly
for large organizations where it may be
difficult to keep track of all employees'
day-to-day activity and interactions
with the whistleblower.
A comprehensive strategy will need
12
to be implemented by employers that
receive such whistleblower complaints
so they are handling the matter appropriately internally and dealing with any
additional oversight and involvement of
the commissioner that may ensue.
Geoff Hope is a partner at Field Law in
Edmonton and chair of its Labour and
Employment Practice Group. He can be
reached at (780) 423-9585 or ghope@
fieldlaw.com.
Canadian HR Reporter, a Thomson Reuters business 2013
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