Category Archives: Business

Benefits of Creating Accessible Workplaces

Posted on August 11, 2017 by Marijana Dabic

Recruiting and retaining skilled talent can be a challenge for businesses—especially as markets are faced with an aging workforce and a lack of young talent. One way organizations can strengthen their workforce and navigate this difficult recruitment landscape is by hiring individuals with disabilities.

There are both direct and indirect benefits for businesses that establish accessible employment practices, including the following:

Access to a large talent pool. According to the most recent data from Statistics Canada, approximately 3.8 million Canadians are affected by a disability. From a hiring perspective, this represents a major market, as those with disabilities are three times more likely to be unemployed than those without a disability.
Improved revenue and cost savings. Accessible employment practices have been shown to have a positive impact on an organization’s bottom line. Research has shown that companies that invest in accessible employment practices reported a number of benefits, including the following:
- Higher retention and lower turnover
- Improved attendance
- Enhanced job performance and work quality
- Better safety records
A positive brand image. Inclusiveness matters to consumers. As such, demonstrating that you care about diversity can improve customer loyalty and distinguish you from your competitors.

When hiring individuals with disabilities, it’s important to ensure that all of your facilities meet their unique needs. Conduct a thorough assessment of your locations and implement any changes to improve workplace accessibility.

Keep in mind that many provinces have specific requirements related to workplace accessibility. Be sure to examine these closely in order to remain compliant.

Common Hazards for Distilleries

Posted on July 13, 2017 by Marijana Dabic

While owning a distillery can be a rewarding and profitable undertaking, it’s not without risk. The process of making hard alcohol like whisky, gin and rum is not easy and often involves large, potentially dangerous equipment. What’s more, those that manufacture alcohol often have to deal with dangerous fumes and other harmful factors.

To protect their business, employees and customers, distillery owners must take a proactive approach to identify and mitigate the unique exposures that affect their operations.

Carbon Dioxide

In order to create alcohol, carbohydrates like starch and sugar must be converted through fermentation. During this process, yeast eats carbohydrates and creates carbon dioxide—an odorless, colourless and toxic gas.

The following is a breakdown of how different concentrations of carbon dioxide can impact your employee’s health:

1,000 parts per million (ppm) – Prolonged exposure can affect concentration.
10,000 ppm – An employee’s rate of breathing increases.
30,000 ppm – The employee will begin breathing at twice the normal rate and may experience dizziness, a faster heart rate, headaches or hearing impairment.
40,000-50,000 ppm – The employee’s breathing increases four times the normal rate, and he or she will experience signs of poisoning after only 30 minutes of exposure.
50,000-100,000 ppm – The employee will quickly begin to feel tired and will experience laboured breathing, headaches, tinnitus (a ringing in the ears) and impaired vision. After a few minutes, he or she will likely lose consciousness.
100,000-1,000,000 ppm – The employee will lose consciousness quickly. At this concentration, asphyxiation and death may occur.

Your workers could be exposed to carbon dioxide through inhalation. Thankfully, you can minimize these hazards by properly venting your fermentation area. Because carbon dioxide is heavier than air, you will want to ensure you take special care to vent the lower levels of your work areas.

If your distillery uses a converted chest freezer as a fermentation chamber, it should be noted that carbon dioxide can collect at the bottom of the cabinet. To address this, periodically prop the lid up and use a fan to introduce fresh air.

Intoxication

Distilleries can be a fun work environment, especially if you or your staff members are passionate about creating alcohol. This environment can sometimes create a loose work atmosphere where staff members are allowed to drink on the job.

This is ill advised, as alcohol can affect an individual’s perception and reaction time. What’s more, alcohol can negatively impact your worker’s judgment, potentially leading to dangerous mistakes or accidents.

And, when you’re working with large, expensive equipment, mishaps can be costly or even fatal. Avoid adding unnecessary hazards by banning alcohol consumption during work hours.

Fires and Explosions

Ethanol vapour is highly flammable and is one of the main fire and explosion hazards at distilleries. Ethanol can be released from leaks in tanks, casks, transfer pumps, pipes and flexible hoses.

Common ignition hazards to control can include the following:

Open flames
Torch cutting and welding operations
Sparks (static, electrical and mechanical)
Hot surfaces
Heat from friction
Radiant heat

In addition to being mindful of ignition sources, you can protect your distillery by keeping a dry powder or carbon dioxide fire extinguisher readily available. Ensure that any sprinkler systems you have meet industry and regulatory standards.

In addition, you will want to provide adequate ventilation in the distillery and ban smoking in and around the work area. Be sure to keep heaters and natural gas appliances at least 10 feet away from distilling areas.

It should be noted that dust formed from processing grain and chemical spills can also cause fires or explosions. As such, it’s important to practise good housekeeping to avoid the accumulation of combustible debris or liquids.

Physical Injury and Other Employee Hazards

Distilleries can be an unsafe environment for your workers if you fail to take the proper precautions. There are countless risks you will need to account for, including the following:

Chemical hazards. A variety of harmful chemical and cleaning products can be found in distilleries. To protect workers, it’s important to require personal protective equipment (PPE) like gloves, steel cap boots and liquid proof aprons. Be sure to clean up any chemical spills immediately.
Electrocution. Because distilleries require workers to handle large amount of liquids around powered equipment, electrocution hazards are common. To maintain a safe working environment, it’s important to never run power cables through pools of liquid. Whenever possible, avoid using extension cords, power boards or equipment with damaged plugs, sockets or cables. For added safety, ground equipment and use a ground fault circuit interrupter (GFCI) or residual current device (RCD). These tools automatically shut off power whenever they discover that a current is flowing along an unintended path, including through water or a person.
Injuries caused by heavy lifting. Working at a distillery requires employees to lift and move heavy kegs and other items throughout the day. This can cause repetitive strain and other injuries if workers aren’t trained to do the following:
- Bend the knees, keep their back straight and lift with their legs.
- Be aware of the weight of objects and don’t overexert themselves.
- Practise team lifting or use back braces to assist with moving heavy loads.
Physical hazards. There are many dangerous items at a distillery that could harm your workers. You will want to ensure the work area is free of trip and slip hazards. In addition, noise from equipment, high-pressure tools, boiling liquids, hot surfaces and confined spaces pose a serious threat and will need to be addressed. Consider conducting safety assessments on a regular basis and address hazards as they arise.

Above all, stills should never be left unattended, and employers should set clear policies and procedures related to workplace safety.

Protect Your Investment

Owning a distillery can be a challenging, yet rewarding, experience. Taking into account the above safety tips will help ensure that the investments you have put into your business are not wasted following an injury or other mishap.

For additional protection, consider speaking to your broker about your insurance options. He or she will be able to discuss potential policies to address common distillery risks.

Common Types of Fraud and Prevention Strategies

Posted on July 6, 2017 by Marijana Dabic

As a leader within your organization, you want to trust your employees and the people you do business with. However, the sad reality is that no organization is immune to the threat of crime and fraud. Making matters worse, the average time before an organization discovers that fraud has occurred is 18 months, long after the damage has already been done.

To protect themselves and their bottom lines, it’s important for businesses to understand the following common types of fraud:

Phishing scams. A phishing scam is a phony email or pop-up message that is used to lure unsuspecting internet users into divulging personal information, such as credit card numbers and account passwords. To protect your information, never open emails unless you are certain that the message is from a legitimate source. In addition, do not share personal or financial information via the internet unless the site is secure.
Extortion and ransomware scams. Ransomware is malicious software designed to block access to important software, files or systems until a sum of money is paid. Computers can become infected with ransomware in a number of ways, but it commonly occurs when malicious links or attachments are opened. To protect your business, be wary of pop-up ads, back up important files and investigate ransomware issues right away.
Office supply scams. Canadian businesses lose significant sums of money to fraudsters that pretend to be their regular suppliers. Be aware of unsolicited emails and contact existing partners before sending funds in order to confirm payment requests.
Employee fraud. During times of economic insecurity, normally honest employees may resort to theft or other fraudulent activities due to the increasing financial pressure they are feeling at home. To curb theft at your organization, communicate with your employees, maintain a positive work environment and educate your employees on acts of fraud and the consequences associated with it.

To further protect your organization, it’s important to have an anti-fraud policy in place. This policy should allow you to properly train your employees on how to recognize and prevent common types of fraud. If your business is impacted by fraud, it’s important to report it to your local law enforcement and the Canadian Anti-fraud Centre.

SCC Issues Landmark Decision on Workplace Drug Testing

Posted on June 28, 2017 by Marijana Dabic

Overview

On June 15, 2017, the Supreme Court of Canada (SCC) issued its decision in Stewart v. Elk Valley Coal Corp. This landmark decision is a welcome result for employers as it reaffirms the right of employers to take proactive risk mitigation and management measures through alcohol and drug policies.

In its decision, the SCC held that employers can terminate employees for breaching a drug and alcohol policy even if the employee has a drug addiction.

Background

The appellant in the case, Ian Stewart (Mr. Stewart), worked in a safety-sensitive position for a mine operated by the Elk Valley Coal Corporation (Elk Valley) in Alberta. Recognizing that mine operations can be dangerous, maintaining a safe work environment was a matter of great importance for Elk Valley. Accordingly, Elk Valley implemented a drug and alcohol testing policy (policy) whereby employees were required to disclose any dependency or addiction issues before any drug-related incident occurred.

Under this policy, if an employee revealed a dependency or addiction issue to Elk Valley, he or she would be offered treatment. However, the policy also provided that employees could be terminated if they:

Failed to disclose their dependency or addiction;
Were involved in a safety incident; and
Tested positive for drug use after the incident.

Prior to the implementation of the policy, Elk Valley held training sessions for employees where the policy was presented and explained. All employees were required to sign acknowledgement forms to indicate they understood the policy. Mr. Stewart attended one of the training sessions and signed the acknowledgment form indicating that he understood and agreed to comply with the terms of the policy.

Approximately six months after the implementation of the policy, Mr. Stewart was involved in a workplace accident. During the subsequent investigation, Mr. Stewart was required to undergo a post-accident drug test where he tested positive for cocaine use. Mr. Stewart was then terminated by Elk Valley for violating the policy.

Mr. Stewart then filed a complaint with the Alberta Human Rights Commission alleging discrimination under Alberta’s Human Rights, Citizenship and Multiculturalism Act (the Act) on the grounds of a physical disability connected with his drug addiction. Mr. Stewart’s side argued that his failure to comply with Elk Valley’s policy was the result of a symptom of his addiction, and, therefore, his termination was contrary to the Act. The Alberta Human Rights Tribunal held that Mr. Stewart was justifiably terminated for breaching Elk Valley’s policy, not because of his addiction. This decision was affirmed by the Alberta Court of Queen’s Bench and by the Alberta Court of Appeal.

Supreme Court of Canada’s Decision

In an 8-1 decision, the SCC gave deference to the Alberta Human Rights Tribunal’s findings and the lower courts’ rulings that Mr. Stewart’s disability was a not a factor in his termination. Instead, the SCC found that Mr. Stewart was dismissed because he failed to adhere with the terms of Elk Valley’s drug and alcohol testing policy. Therefore, Elk Valley did not violate Mr. Stewart’s rights under the Act when he was dismissed.

In particular, the SCC accepted that since Elk Valley’s policy distinguished between disclosing drug use before and after testing positive, Mr. Stewart had the capacity to comply with the policy despite his addiction. Accordingly, Elk Valley terminated Mr. Stewart for breaching a policy that he could have complied with, not for having a drug addiction. As such, the SCC found that the circumstances of Mr. Stewart’s termination did not raise to a prima facie case of discrimination. Moreover, since the SCC did not find a prima facie case of discrimination, it was not necessary to consider whether accommodating Mr. Stewart would impose an undue hardship on Elk Valley.

Key Takeaways for Employers

The SCC’s decision is a clear win for employers that seek to ensure a safe work environment for their employees. The ruling reaffirms that employers with properly designed drug and alcohol policies have the ability to terminate employees who violate those policies, even when drug addiction is involved. What’s more, employers should consider the following:

When developing drug and alcohol policies, including accommodations for addiction can help ensure that employees are incentivized to disclose drug dependency before risky behaviour takes place in a safety-sensitive workplace; and
When implementing drug and alcohol policies, employers should make sure that adequate training is provided to employees and that employees expressly acknowledge their understanding of the policy.

Of course, the circumstances in each workplace differ. Accordingly, we encourage employers to discuss issues surrounding drug and alcohol policies and related terminations with their legal counsel before proceeding.

New Commercial Fishing Vessel Safety Regulations are Coming

Posted on June 19, 2017 by Marijana Dabic

Overview

Changes to Fishing Vessel Safety Regulations will come into force beginning July 13, 2017—one year after they were initially announced. Transport Canada has said these regulations will help reduce fatalities, injuries, and loss or damage to vessels in the commercial fishing industry.

These changes amend the previous Small Fishing Vessel Inspection Regulations, which have not been updated in 40 years or kept up with industry best practices and new technologies.

Action Steps

In general, the Fishing Vessel Safety Regulations apply to small fishing vessels that are less than 24.4 metres in length and 150 gross tonnage. Transport Canada’s one-year transition of the regulations will come to a close July 13, 2017, and fishing vessel owners will need to comply with the new requirements.

The following are some major highlights from the regulation:

Safety equipment. As per the new regulation, small fishing vessels must have firefighting equipment (portable fire extinguishers) on board. Personal life-saving appliances are also required for all small fishing vessels, and items like life rafts, immersion suits and lifebuoys must be readily available.
Safe operating procedures. The new regulations require small fishing vessels to provide safe operating procedures in writing to the crew. These procedures must meet the language needs of the crew, and will most likely be written in English and/or French. To execute these procedures, the fishing vessel crew should be familiar with the following:
- The location and use of all safety equipment
- General safety measures, including how to prevent people from falling overboard, how to retrieve someone who has fallen overboard, how to protect limbs from rotating equipment, and how to avoid ropes, docking lines, nets and other safety equipment
- How to activate the quick release of loads during an emergency, particularly when beam trawling and purse seining
- Fire and explosion prevention methods
- Measures related to maintaining water- and weather-tightness, thus preventing flooding of the hull interior
- Safe loading, stowage and unloading practices, particularly as they relate to fish catches, baits and consumables
- Towing and lifting equipment operating procedures

While written safety procedures do not need Transport Canada approval, marine safety inspectors may ask to see copies of the written safety procedures on board the vessel.

Safety drills. Drills on safety procedures must be held to ensure that the crew is proficient in carrying them out. A record must be kept of every drill.
Vessel stability. New and small fishing vessels that have a hull length between 9 and 24.4 metres are required to have a formal stability assessment. In addition, new and small fishing vessels that have a hull length of less than 6 metres must be compliant with the standards for buoyancy, flotation and stability set out in Section 4 of the Construction Standards for Small Vessels. New and small fishing vessels with a hull length between 6 and 9 metres are required to be compliant with recommended practices and standards specific to their vessel type and their intended operations.
Stability assessments. A full stability assessment consists of inclining the vessel and developing a stability booklet. Doing so helps operators understand the limits of their vessels and, in turn, allows the crew to load them in a safe manner and to avoid the risks associated with swamping, capsizing, foundering and sinking. Under the new regulations, stability assessments—either full or simplified—are required for the following vessels:
- New and small fishing vessels that have a hull length greater than 9 metres
- Existing small fishing vessels that have a hull length greater than 9 metres and have undergone a major modification that’s likely to impact overall stability
- Existing fishing vessels that weigh more than 15 gross tonnage and are used for catching herring or capelin
- Fishing vessels that are fitted with an anti-roll tank
- Small fishing vessels that carry fish in bulk, exhibit free-surface effects or have a hull length of more than 18 metres

Improving Safety

As previously mentioned, the government hopes the new regulations will make commercial fishing safer. According to Transport Canada, commercial fishing is one of the most dangerous occupations in Canada. New safety requirements may help reduce the two primary causes of fatalities on commercial fishing vessels—stability-related accidents (58 per cent of fatalities) and falling overboard (27 per cent of fatalities).

Many commercial fishermen and women support the new legislation, but have requested more clarity on required standard operating procedures and more time to acquire expensive safety equipment. To read the legislation in full, click here.

Category Archives: Business

Benefits of Creating Accessible Workplaces

Common Hazards for Distilleries

Common Types of Fraud and Prevention Strategies

SCC Issues Landmark Decision on Workplace Drug Testing

New Commercial Fishing Vessel Safety Regulations are Coming

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