Canadian Safety Reporter

CANADIAN SAFETY REPORTER Credit: Mark Blinch (Reuters) A Toronto Hydro employee works to restore power in the east end of the city following an ice storm on Dec. 27. Shift changes could be discriminatory: Lawyer Continued from page 1 goes down," LaPianta said. "And when you're tired, there's a greater likelihood of an injury. You're not as alert as you otherwise would be. We were rigorous about the 12 hours on, 12 hours off." As important as a strict adherence to the shift roster was from a safety perspective, it was also important legally, according to Howard Levitt, senior partner at Levitt and Grosman in Toronto. In emergency situations, it is possible for employers to apply for exemptions from the Ministry of Labour concerning maximum hours of work, but even in emergencies employers can be found negligent for putting workers in a position where they are pushed beyond normal human capacity. It could be argued that the work becomes hazardous due to its volume, Levitt said. Employees could refuse to work beyond a certain number of hours under the Occupational Health and Safety Act. "A state of emergency doesn't mean the work is any more or less dangerous," Levitt said, listing a number of situations that could create cause for legal concern when an employer makes use of a 24/7 work schedule. Employees who are suddenly forced to work different shifts than usual or longer hours might have a discrimination case based on family status if they are precluded from their parental or childcare obligations, Levitt said. Employees who are suddenly forced to work different shifts than usual might have a discrimination case based on family status. A worker with a physical disability that prohibits them from working at night could have a human rights case if their employer does not accommodate them. Bringing workers in from out of province to help with cleanup efforts created further safety concerns. "They have to work according to OnCanadian HR Reporter, a Thomson Reuters business 2014 tario law... because they're obviously doing the work here," explained Bruce Skeaff, media relations co-ordinator for the Ontario Ministry of Labour. "Even if they're employed by somebody else, if they're working in Ontario they've got to comply with the law here." Mutual assistance participants brought in from out of province had to participate in two orientations before they could begin working. First they were oriented on Toronto Hydro and the work they would be expected to do. A second orientation focused on safety procedures, interfacing with the control room and proper work permits. "They may be unaware of some of the safety hazards that exist just by virtue of the fact that they're not familiar with our system," LaPianta said of the out-of-province workers. "So you plan for the worst and hope for the best. If planning for the worst causes you to spend more money, or spend more time, it's a small price to pay to get out of a 13-day event with literally one minor injury." 11

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