Employers and workers who don't comply with workplace safety regulations could be subject to new fines, if a proposed ticketing system gets ministerial approval.
NNSL file photo
The Workers' Safety and Compensation Commission of NWT and Nunavut is holding public consultations this month on a proposed ticketing system that could see fines of $250 for workers and $2,000 for employers that fail to meet workplace health and safety standards.
According to a WSCC discussion paper on the proposed ticketing system, inspectors currently have “limited options” for enforcing safety regulations.
The arm's-length agency in charge of administering territorial workplace health and safety laws says more needs to be done to get repeat offenders to change their ways.
Right now, inspectors who witness a safety violation can issue a verbal or written direction, or a stop-work order.
Failure to adhere to the Safety Act or Occupational Health and Safety Regulations can lead to prosecution in territorial court, but because the court process is slow and costly for employers, workers and the WSCC, this option is typically reserved for incidents that result in a serious injury or death on the job.
Even with the various enforcement tools at its disposal, the WSCC says compliance to regulations is not guaranteed.
The WSCC considers ticketing to be a relatively simple and immediate way to respond to health and safety infractions, and that the threat of fines could preempt future violations.
In its discussion paper, the WSCC states fines would be used to enforce regulations that are “simple, straightforward, and where compliance or non-compliance is easily observable or determined.”
For example, a worker could be fined $250 for failing to wear a seat belt, full protective gear, or for not following safe work practices.
The WSCC says failure to wear the required protective equipment is one of the most common offences.
A worker could also be fined $250 for starting powered mobile equipment, such as forklift or aerial lift platform, before doing a complete visual inspection of the equipment and the surrounding area to ensure no workers are in harm's way.
In 2016, 19-year-old David Vinnicombe was killed near Inuvik after the vibrating roller packer he was operating for Allen Services and Contracting Ltd. rolled over, pinning him underneath.
A coroner's report stated Vinnicombe was not wearing a seat belt at the time, nor had he been given proper training on the safe use of such a large piece of heavy equipment.
“There was no evidence found that training on safe work practices and procedures had occurred at any time,” reads the March 28 report.
The WSCC is also proposing to fine an employer $2,000 for failing to comply with safety regulations after an inspector has issued a direction.
Money from fines collected would be put into the Workers' Protection Fund, which covers the current and future claims of injured workers.
Trevor Kasteel, owner of Kasteel Construction and Coatings Inc. in Yellowknife, says ensuring workplace safety is expensive, but worth it.
“We've invested very heavily into safety,” said Kasteel, who's company is COR-certified.
“It's been very tough and very stressful to put safety first, and you do your best with safety and the costs associated with that.”
Kasteel understands the effect a workplace death or injury can have on other employees – one of his colleagues worked at a site in eastern Canada where a teen worker was killed.
“I've seen first-hand the toll it's taken on him, physically, emotionally, mentally, everything. It was brutal,” said Kasteel.
“If you care about somebody and you care about your company, than you want to make sure that people are taken care of.”
Though he didn't have enough information on hand to address the WSCC's proposed ticket system, Kasteel said both employer and employee have to do their part to keep the job site safe.
“The priority is the health of people and workers,” he said. “They have to go home safe every day.”
NWT wouldn't be the first jurisdiction to institute fines for workplace safety violations.
The WSCC says in Alberta, Saskatchewan, Ontario and New Brunswick, occupational health and safety infractions can lead to fines between $100 and $500 for workers, and in the range of $300 to $1,000 for employers.
The WSCC is holding public consultations on the proposed ticketing system in communities in NWT and Nunavut this month, and will be opening the floor to Yellowknife residents on April 16 at the WSCC offices in Centre Square Tower from 6:30 to 8:30 p.m.
Residents can also submit feedback online by emailing lawfeedback@wscc.nt.ca by May 31.