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WSCC's proposed fines burden workers: critics

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Shirley Walsh, general counsel for the WSCC, said workers who break workplace safety rules would not necessarily be ticketed if their employer had a role in the violation. Sidney Cohen/NNSL photo

Some Yellowknifers are concerned that proposed fines for workplace safety violations would disproportionately burden workers.

Shirley Walsh, general counsel for the WSCC, said workers who break workplace safety rules would not necessarily be ticketed if their employer had a role in the violation.
Sidney Cohen/NNSL photo

“If you're going to turn around and give an employee a ticket because he's not wearing a hard hat or he's not wearing a fall-protection harness, there has to be onus on the employer as well, because the employer is responsible for that individual,” said one man who spoke Monday at a public consultation on the proposed ticketing system.

“The employer's got to get active, get involved in the damn thing, be a part of the process... we've got to build that culture.”

About a dozen people came out to the Workers' Safety and Compensation Commission (WSCC) offices to share their thoughts on the proposal that would allow inspectors to issue fines to workers and employers who don't comply with occupational health and safety regulations.

Under the proposal, workers could be fined for a number of different infractions, including failing to wear the proper safety gear, not wearing a seat belt and failing to follow safe work practices.

Workers could also be fined for starting powered mobile equipment before doing a complete visual check of the surrounding area or for deactivating a lockout process without permission.

Employers would be subject to a fine after being warned and failing to comply with the inspector's directions.

A ticket for a worker would be $250 and for an employer it would be $2,000.

“Overall, I'm against this idea of ticketing, it's too vague,” said one attendee.

“Not all the workers are educated on every piece of the act - as you're well aware - it's very big.”

He said the possibility of fines could discourage young people from entering the construction industry.

Another man suggested fines should only be levied against employers, considering they have the resources to ensure compliance on their work sites.

Shirley Walsh, general counsel for the WSCC, said workers who break occupational health and safety rules would not necessarily be ticketed if their employer played a part in the violation.

She said in a situation where a worker has broken a rule but the employer hasn't given proper instruction, or hasn't created a culture of safety, then that worker would not be fined.

Walsh said the safety officer would investigate the situation and try to determine why that worker was not following the rules.

Bert Hausauer, the WSCC's chief safety officer, said if an officer tickets a worker, the employer will be notified.

The inspector will look to the employer to find out how the violation happened, he said.

“We're not just going out and saying, 'You're not wearing a hardhat, here's your ticket,'” said Hausauer.

“We need to find out why you're not wearing that hardhat. What led you to make that choice in your life to put yourself at that much risk?”

“We need to talk to you and we need to talk to your employer to find out why you got to that point in your life,” he continued.

Hausauer said fines would be used as a last resort before prosecution.

A third attendee expressed concern over whether the WSCC would be able to ensure tickets are issued fairly and consistently.

“When you're introducing discretion of the officer or of the inspector in the context of a strict liability system, you will have unequal application of the regime,” he said. “Be it from one officer to the next or over a period of time or in various industries or contexts.”

Walsh said the WSCC would institute a policy and train inspectors on how and when fines are given before the system is rolled out to make sure tickets are issued in a consistent manner.

The WSCC is in charge of enforcing occupational health and safety legislation.

Right now, if an inspector sees a violation of the regulations, he or she can issue a direction requiring the employer to remedy the problem, or hand out a stop-work order.

The most serious violations, such as those resulting in severe injury, death or a significant mechanical or structural failure, can lead to prosecution under the Safety Act.

With a ticketing system, the WSCC is seeking a “middle ground,” said Walsh.

“(It's) something that will drive the message home a little bit more than directions, but not quite at the step of a prosecution.”

Waslsh said prosecution is time consuming and costly for everyone involved.

“When we look at prosecuting, there needs to be a real public benefit to it: either a message we need to get out to the public at large, or a message that needs to be sent to whomever it is that we are prosecuting,” she said.

Wash said inspectors would first attempt to educate and work with employers to correct safety issues before writing a ticket.

The WSCC has 13 inspectors, all of whom are qualified to work in the Northwest Territories and Nunavut.

A number of factors play a role in to how often inspectors visit work sites, WSCC spokesperson, Jacqueline Mo stated in an email Wednesday.

“A safety officer’s schedule is based on community activities (i.e. construction projects), reports of injuries, requests from employers and workers, and reports of unsafe work,” she wrote.