[vickyp]

in reply to: BC #103299

I’m not sure what you mean by “financial obligations.” I can say that working from home shouldn’t have any impact on the employee’s entitlements under the BC Employment Standards Act, e.g., vacation pay, stat holidays, termination notice, etc. To the extent you offer benefits more generous than ESA minimum entitlements, the rules will depend on the terms of the contract. Theoretically, you COULD pay less generous vacation, etc., to employees in consideration for letting them work from home, provided that you provide at least the ESA minimums. You’d also have to be careful to avoid potential discrimination to the extent the employee is working from home due to a disability. Hope that helps. Glenn

[vickyp]

in reply to: alberta #103298

It depends. From an OHS liability perspective, the employer, supervisor and worker himself could all face potential charges depending on what happened. Key questions: Were any OHS violations committed’ If so, did the defendants show due diligence, which would all depend on what happened and whether it was foreseeable. In terms of your own risk management, your awareness of the pattern of workers walking off site puts you on notice of the problem and requires you to take reasonable steps to address it.
As for workers comp, I just can’t answer without knowing exactly what happened, where it happened, who got injured, etc.
Sorry to be so general and vague but these are extremely broad questions. Feel free to follow up with me directly if you want to discuss  in greater detail. glennd@bongarde.com

[vickyp]

in reply to: Forklift certification – Alberta #103297

According to the OHS training guidelines, the trainee must be able to demonstrate “to a designated skilled and experienced person” that he/she has learned “the skills and knowledge
identified as final outcomes for operator competency.” Based on that language, I think the answer to your question is YES. But you should read the Guidelines yourself just to make sure everything’s OK with your situation. Scroll down to p. 19    https://open.alberta.ca/dataset/0ad13591-d9f4-4aab-85f6-28aaa0b41a34/resource/21818a06-3194-4bb6-8715-ac033df83bf0/download/zz-2010-forklift-health-safety-best-practices-guideline-2010-12.pdf
Hope that helps.

[vickyp]

in reply to: OHS Regulation’s vs Canadian Occupations Health and Safety Regulations #103296

The COHS regulations on the MoJ site are federal; the OHS Reg. on WorkSafeBC are for BC. But it is possible that MoJ publishes the Regs from all of the jurisdictions, including BC.

[vickyp]

in reply to: OHS Regulation’s vs Canadian Occupations Health and Safety Regulations #103295

Worksafe BC it’s provincial and COSHR are regulations from Canada Labour Code Part II so Federal Juridiction

[vickyp]

in reply to: OHS Regulation’s vs Canadian Occupations Health and Safety Regulations #103294

They both seem like federal laws regarding OHS to me…

[vickyp]

in reply to: OHS Regulation’s vs Canadian Occupations Health and Safety Regulations #103293

Thank you, which two jurisdictions are these sets of laws from?

[vickyp]

in reply to: OHS Regulation’s vs Canadian Occupations Health and Safety Regulations #103292

It’s kinda’ like asking what’s the difference between Manitoba and Saskatchewan employment standards law. They’re laws from separate jurisdictions regulating the same subject. There’s some but not complete overlap between them.
I’m afraid that reading the regulations is never enough to ensure compliance. Regulations are one element of the law. Others include legislation, case law, regulatory guidelines, best practices and even voluntary standards like CSA.

[vickyp]

in reply to: Assigned Hazard Rating #103291

Can you give me some context. The term is relevant to a lot of things, like first aid requirements, powered mobile equipment, etc. If you tell me what you’re working on, I should be able to help you.

[vickyp]

in reply to: Private: Is a rigging certification required for loads under 5,000 lbs being lifted by a picker truck in Saskatchewan? #103290

I don’t believe so. The problem is that I’m not sure exactly what a “picker truck” is. I’ve pasted in the applicable requirements for Vehicle Hoists, Hand Hoists and Winches, since that was my best guess. Of course, if the rigging is part of a crane assembly, it does have to be certified for the load.   Feel free to contact me directly at glennd@bongarde.com if this doesn’t help. Also sorry to keep you waiting 3 days. You caught me on a vacation day. Glenn
Sask OHS Regs.
Vehicle hoists
222(1) In this section, “lock” means to fix the controls of a hoist in one position
by any mechanical means.
(2) An employer or contractor shall ensure that a pneumatic or hydraulic vehicle
hoist is equipped with clearly marked controls that raise or lower the hoist only
when a worker is applying pressure to the controls.
(3) An employer or contractor shall ensure that no worker is required or permitted:
(a) during raising or lowering of the hoist, to lock the controls mentioned in
subsection (2); or
(b) to work or be under a raised vehicle or trailer unless the vehicle or trailer
is supported by:
(i) a vehicle hoist that is designed to safely support the weight of the
vehicle or trailer; or
(ii) substantial stands or blocks and, where necessary, wheel chocks.
(4) For the purposes of subclause (3)(b)(ii), jacks alone are not sufficient.
(5) An employer or contractor shall ensure that all pneumatic or hydraulic
vehicle hoists are assembled, installed, operated and maintained according to the
manufacturer’s instructions.

Hand-operated hoists
223(1) An employer or contractor shall ensure that a hand-operated hoist purchased
on or after January 1, 1997 is designed, constructed, installed, operated and
maintained in accordance with an approved standard.
(2) An employer, contractor or supplier shall ensure that a hand-operated hoist is
equipped with a spring actuated or weighted ratchet and pawl, load brake or other
mechanism that will stop and hold the load at any height desired by the operator.
(3) An employer or contractor shall not require or permit a worker to work under
a load raised by a hand-operated hoist unless the load is supported with adequate
stands or blocks.

Winches
224(1) An employer or contractor shall inspect all manually-operated hoisting
or winching equipment thoroughly at appropriate intervals to ensure that the
manually-operated hoisting or winching equipment is capable of safe operation.
(2) Before a worker operates a winch on a vehicle, the worker shall ensure that
the brakes are applied or other effective means are taken to prevent movement of
the vehicle.
(3) A worker who operates a vehicle on which a winch is in use shall not move the
vehicle until the winch operator has given a signal that the vehicle can be moved
safely.
(4) An employer or contractor shall not require or permit a worker to cross over
or under a winch cable between a winch and the load or to go underneath the load
while a winch is in use.

[vickyp]

in reply to: Alberta – scissor lift training #103289

This is odd. I could have sworn I answered this question yesterday. Even that would have been too long to keep you waiting. Now it’s 5 days!!
Anyway, you’re right, certification training can’t be completed online alone. There needs to be an in-person component. However, certification training is NOT required for scissor lift operation in Alberta–although it is recommended. Bottom Line: Unless the employee gets in-person training, his/her certification will likely lapse. However, you won’t be out of compliance since the worker doesn’t need to be certified to operate the scissor lift. I hope that answers your question and I apologize for keeping you waiting for so long.

[vickyp]

in reply to: Are there any guidelines/checklists available which are used for updating/revising policies & procedures based on OHS? We would like to cross-check and revise our current OSHA-based policies with OHS guidelines. #103288

Hi Glenn, thanks for your quick response. I have seen the sample policies online but couldn’t find Ontario-specific ones.

It would great if you could share Ontario-based guidelines or the important checklists, only for the 4 topics mentioned.

Thanks in advance Glenn

[vickyp]

in reply to: Are there any guidelines/checklists available which are used for updating/revising policies & procedures based on OHS? We would like to cross-check and revise our current OSHA-based policies with OHS guidelines. #103287

We’ve got tons of Checklists and Model Policies on the OHSI site, Vishnu. Just do a search of the particular topic. For LOTO, use “lockout” or “hazardous energy” or “de-energization.” Feel free to Gmail me if you have any trouble gathering up the stuff and to let me know how you’re faring in your USA to Canada venture. Glenn

[vickyp]

in reply to: Are there any codes or industry best practice requirements in for storing forklift propane tanks outside in terms of the cage location, signs & bollard ? #103286

In the past, I’ve found that the best way to answer questions about whether any particular best practices exist is to survey the members directly by posting the question on the OHSI site. Would you be willing to have us do that’ If so, I’ll ask my colleagues to set up a survey. Do you have a particular phrasing you’d like us to use?

[vickyp]

in reply to: Are all provinces and territories going to adopt new First Aid Regulations to comply with CSA Standard Z1220 (First Aid Kits) So far 4 provinces have done so (Manitoba, Quebec, New Brunswick, Newfoundland and Labrador)? Are you aware of any plans for provinces to adopt a national standard for First Aid Certification levels for first aid attendants? #103285

Yes, I think that’s the plan. One of the problems–and I just covered the new harmonization rules–is that I don’t have access to the doggone CSA Z1220 standard. But I believe that part of the first aid harmonization is to establish Intermediate and Advanced First Aid Attendant as the standard. I believe all 4 of the provinces you name have already done that and are providing employers a grace period (1 year mostly, but I think it’s shorter in Quebec) to make the transition from Level 1/Level 2 to Intermediate/Advanced and are recognizing Level 1/Level 2 as equivalent in the interim.
Just FYI, I actually had the same question, but with regard to first aid needs assessment rather than first aid attendants. For example, in some provinces the trigger for requiring a first aid room is 100 workers per shift and in others it’s 200. Wonder if they’re gonna harmonize that. Maybe you can tell me. Have a great weekend and I hope this helps.

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