Canadian Safety Reporter

THE WORKPLACE SAFETY SOURCE FOR OHS MANAGERS AND HR PROFESSIONALS Continued on page 7 MARCH 2014 NOT-SO-ARMOURED CARS Unions representing workers call for stricter safety standards in wake of recent robberies. . . . . . . . . . . . . . . . . 3 WORKERS' COMP OVERHAUL Newfoundland and Labrador government mulling recommendations to improve workers' compensation . . . . . . . . . . . . . 4 HARASSMENT COSTS CITY $25,000 Female transit engineer in Hamilton awarded damages for sexual harassment . . . . . . . .6 IN THIS ISSUE Continued on page 5 Nursing workplace safety back to health Nurses' union fights for stricter safeguards against violence | BY LIZ FOSTER | THE NEW Brunswick Nurses Union (NBNU) is struggling to nurse the prov- ince's workplace safety policies back to health. The union is doubling down on its efforts to implement a comprehensive safety policy in every health-care facility in the province following an increase in violent incidents. "We know that registered nurses can't deliver care if their own personal safety is in jeopardy," said Marilyn Quinn, presi- dent of the NBNU. "Nobody wants nurses or health-care workers to be subject to vio- lence, and yet we haven't taken the neces- No charges laid in fatal B.C. sawmill explosion Crown says evidence gathered by WorkSafeBC was flawed, almost no likelihood of conviction | BY SABRINA NANJI | MORE THAN two years after the deadly blast at a sawmill in Burns Lake, B.C., which killed two workers and injured several others, the Crown has decided not to lay criminal charges. The decision came down in mid- January, with the Crown dismissing evi- dence gathered by WorkSafeBC on the basis its investigation was flawed. As such, no criminal charges could be laid. The Crown also decided to throw out other charges because there was no substantial likelihood of conviction should the employer — Babine Forest Products — use the defense of due diligence in court. The court's ruling sent shock waves through the community and has sparked a province-wide uproar regarding health and safety at sawmills such as the one in Burns Lake. Following the court's decision, B.C. Premier Christy Clark called Work- SafeBC's investigation unacceptable and ordered a review into the inves- tigation process. The report, released in mid-February by British Columbia's top civil servant, John Dyble, included recommendations to streamline the pro- cess and focus the relationship between WorkSafeBC investigators and the crimi- nal justice branch. As part of the review, labour min- ister Shirley Bond cited a combustible dust strategy to help mitigate the risks associated with sawdust build-up. That includes inspections at each of the province's 144 sawmills and inspection courses for local fire commissioners. "Ensuring mill workers are safe on the job site has always been a priority and efforts to enhance safety measures began immediately after the explosion and continue today," Bond said. "Given the tragic events of 2012, it is expected that every employer in the sawmill and wood product process- ing industry understands their safety responsibili- ties and is taking appro- priate action." But WorkSafeBC said its investigation was car- ried out using the same strategy as any other in- vestigation. "Our officers attended the Babine site within hours of the explosion and fire and remained at the site for 13 weeks, conducting one of, if not the largest, scene examinations in the history of WorkSafeBC and the prov- ince," said Jeff Dolan, director of inves- tigations at WorkSafeBC. One known factor in the fatal explo- sion is sawdust. "The remaining admissible evidence does support, to the standard of proof beyond a reasonable doubt, a theory that there was sawdust in the mill at the time of ignition and that the sawdust was at least one fuel for the fire," explained Dolan. "At the time of the incident, there was an accumulation of sawdust in the sawmill. The preponderance of the evi- "Our offi cers… remained at the site for 13 weeks conducting one of, if not the largest, scene examinations in the history of WorkSafeBC."

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