CAALL — Canadian Association of Administrators of Labour Legislation
CAALL Bulletin - February-March 2009
Table of Contents
- British Columbia Amendments to the Variable Shift Worker Policy
- Consultations to Modernize Federal Labour Standards
- Bill 1 to Provide Job Protection for Alberta’s Reservists
- Consultation on Minimum Working Age Legislation in Yukon
- Canada's First Occupational Cancer Research Centre Launched in Ontario
- Website to Help Young Workers be Safe on the Job
- How to Develop an Occupational Health and Safety Program
- P.E.I. Minimum Wage Increases June 1 and October 1
- Manitoba’s Worker Recruitment and Protection Act Comes into Effect
- Quispamsis Achieves Pay Equity in New Brunswick
- Compulsory Certification for Boilermakers, Steamfitters and Pipefitters in Nova Scotia
- Ontario’s Minimum Wage Goes Up
- Safety Blitz Targets Ontario Workplaces
- Service Review of Saskatchewan Workers’ Compensation Board
- Appointments/Retirements/Announcements
- Parliament/Legislatures/Assemblies
- Upcoming Events
British Columbia Amendments to the Variable Shift Worker Policy
At their meeting on November 4, 2008, the Board of Directors approved a further round of consultation and the release of an additional discussion paper with options and draft policy amendments for stakeholder comment.
The WorkSafeBC policy in the Rehabilitation Services and Claims Manual Volume II provides guidance on setting short-term average earnings for variable shift workers. At issue is whether policy on variable shift workers should be revised to: reference on-call workers who work regularly but at differing rates of pay; introduce a more flexible approach to determining short-term average earnings; exclude prior periods of wage-loss compensation from short-term average earnings calculations; and ensure consistent use of the terms “date of injury” and “time of injury” in policy.
Comments on the options and draft policy amendments were accepted until February 23, 2009. The Board of Directors will consider stakeholder feedback before making a decision on policy amendments. For more information and a copy of the WorkSafeBC Policy, please visit: http://www.worksafebc.com.
Consultations to Modernize Federal Labour Standards
On February 13, 2009, the Honourable Rona Ambrose, Minister of Labour, announced the launching of consultations to modernize labour standards under Part III of the Canada Labour Code to ensure that they remain relevant and effective in the 21st-century economy.
The legislation has not been revised since it was enacted over 40 years ago. It establishes labour standards for workers in federally-regulated enterprises. Standards include overtime, hours of work, vacations and wage recovery.
The Government's priorities in reviewing federal labour standards are to modernize workplace practices, to promote family-friendly policies and work-life balance, and to foster long-term economic prosperity.
A discussion paper, which summarizes recommendations from the Federal Labour Standards Review Commission report and includes questions for discussion, is posted online. Interested parties are invited to provide their comments by May 15, 2009, by e-mail or by mail.
For more information, please visit labour.gc.ca.
Bill 1 to Provide Job Protection for Alberta’s Reservists
Proposed amendments to the Employment Standards Code will set in place job protection for Alberta’s 2,500 reservists who serve in the Canadian Forces.
The unpaid leave, if passed, will apply to international deployments, along with certain domestic operations, such as natural disasters. The proposed legislation will also provide reservists with 20 days’ leave each calendar year for annual training.
For more information, please visit: www.gov.ab.ca.
Consultation on Minimum Working Age Legislation in Yukon
Yukon Workers’ Compensation Health and Safety Board (YWCHSB) and Employment Standards Board are conducting a consultation on possible minimum working age legislation. Yukon employers are requested to complete the online questionnaire which can be found on the YWCHSB website. For more information, please visit www.wcb.yk.ca.
Canada's First Occupational Cancer Research Centre Launched in Ontario
On March 5, 2009, health and workplace safety organizations, businesses, and labour groups joined forces with a common goal of reducing workplace cancer, and officially launched Canada's first centre dedicated solely to research in occupational cancers. The Occupational Cancer Research Centre will be charged with improving knowledge and evidence to help identify, prevent and ultimately eliminate exposures to cancer-causing substances in the workplace.
While there is convincing evidence that a number of products and processes used in the workplace cause cancer, the relationship between cancer and many carcinogens at low levels of exposure is much less clear. Moreover, some workplace substances that are suspected of being carcinogenic have never been adequately evaluated.
The establishment of the Centre represents a crucial step forward in the larger fight against cancer. It is already garnering international attention with the appointment of renowned expert in occupational and environmental epidemiology, Dr. Aaron Blair, as Interim Director. Dr. Blair is a world-class leader in occupational studies, and has made a number of outstanding contributions to environmental epidemiology.
The Centre is a joint undertaking funded by Cancer Care Ontario, the Workplace Safety and Insurance Board (WSIB), and the Canadian Cancer Society's Ontario Division, and is developed in collaboration with the United Steelworkers. It represents an innovative and unique partnership, bringing together health, workplace safety, labour and industry groups. This partnership will bring the results of the research to the workplace and turn evidence into education, action and help to improve the health of workers.
Website to Help Young Workers be Safe on the Job
The Canadian Centre for Occupational Health and Safety (CCOHS) has launched a new version of its young workers website, Young Workers Zone. This upgraded, redesigned website is a resource for young workers, parents, teachers and employers that includes a collection of information and tools from organizations across Canada.
Designed to help young workers stay healthy and safe at work, this website provides the tools they need when venturing out into the work force.
The Young Workers Zone is dedicated to providing young workers, their parents, teachers and employers with free and easy access to a comprehensive collection of credible resources in Canada for keeping teenagers safe on the job. This website has the answers to questions young workers commonly have about their jobs, while emphasizing the importance of safety. Parents, teachers and employers will also find helpful tips to help spread awareness of workplace health and safety.
The Young Workers Zone can be found at www.ccohs.ca/youngworkers.
How to Develop an Occupational Health and Safety Program
The Canadian Centre for Occupational Health and Safety (CCOHS) has launched a new e-course to help guide organizations in implementing and managing an occupational health and safety program.
Developing an Occupational Health and Safety Program provides guidance on where to start, and how to build an effective program suitable for each organization and their regulatory environment. This one-hour course stresses the importance of senior management commitment and effort from everyone in the organization. The course is recommended for managers, human resources personnel, and anyone starting to develop an occupational health and safety program, or who wants to improve an existing one.
More information is available at www.ccohs.ca.
P.E.I. Minimum Wage Increases June 1 and October 1
Minimum wage on Prince Edward Island will increase in two phases in 2009 to $8.40. Executive Council has approved the recommendation by the Employment Standards Board and will be implementing the 40 cent increase as follows: from $8.00 to $8.20 effective June 1, 2009, and by an additional 20 cents to $8.40 on October 1, 2009.
The Employment Standards Board - which is made up of representatives of employers and employees, with a neutral chairperson - meets to review the Minimum Wage Order and to make recommendations to government. The Board considers the social and economic effects of the minimum wage rates in the province, cost of living increases, current economic conditions, and the minimum wages in neighbouring provinces.
About 58,000 Island employees are covered by the Employment Standards Act (not working under a collective agreement), of which approximately 2,000 earn minimum wage.
Manitoba’s Worker Recruitment and Protection Act Comes into Effect
Manitoba’s Worker Recruitment and Protection Act is recognized as a model for the rest of Canada in providing comprehensive and effective protection for temporary foreign workers, Labour and Immigration Minister Nancy Allan said.
The Act supports the province's workforce needs by facilitating employers’ worker recruitment activities in an ethical and orderly manner, said the Minister.
It comes into full effect in March and requires the licensing of all third-party recruiters and the registration of employers with the province before they can recruit a temporary foreign worker.
Once employers are registered with the province, they will receive direct assistance with recruitment. The province is implementing a revised employer application process to connect registered employers with immigrants in Manitoba and abroad.
The province will also provide employers with information on the range of services and programs available to support immigrants in integrating fully in the workplace.
Quispamsis Achieves Pay Equity in New Brunswick
The Town of Quispamsis is the first English-speaking municipality in New Brunswick to achieve pay equity for its employees. Minister of Social Development, the Honourable Mary Schryer, who is also Minister responsible for the status of women, made the announcement in March at Quispamsis Town Hall.
Minister Schryer said that the province has been making significant progress in reducing the wage gap between men and women. Minister Schryer said that she hopes this achievement will create a precedent and will encourage other municipalities and the private sector to implement pay equity within their organizations.
Other work being done to help eliminate pay inequity in New Brunswick includes:
- two pilot projects, both in francophone municipalities, in the final stages of their pay equity process;
- significant job evaluations conducted in the public sector - for example, with hospital workers, leading to pay equity adjustments;
- job evaluations being conducted for child-care workers, home support workers and transition house workers; and
- government committing to introducing, during the spring session, a new Pay Equity Act that will apply to all parts of the public sector.
Compulsory Certification for Boilermakers, Steamfitters and Pipefitters in Nova Scotia
Boilermakers and steamfitters/pipefitters in Nova Scotia will now be required to be certified, in a move to improve workplace and public safety.
The Department of Labour and Workforce Development is implementing compulsory certification in these trades to ensure boilermakers and steamfitters/pipefitters are trained to a high industry standard.
Only people with a certificate of qualification, a valid temporary permit or those who are registered apprentices, are legally permitted to work in these trades.
The Department will waive fees for one year for those who qualify to write the exam. It will also offer exam preparation courses for these trades. Practical exams are being developed to assist clients who may have difficulty with a written exam.
The Department decided to make these changes at the request of, and in consultation with, the industry.
For more information about compulsory certification, visit www.gov.ns.ca/lwd.
Ontario’s Minimum Wage Goes Up
Ontario is bringing in the sixth consecutive annual increase to the minimum wage — raising it to $9.50, effective in March.
Safety Blitz Targets Ontario Workplaces
Ontario is continuing its efforts to reduce workplace injuries by focusing on hazards involving musculoskeletal disorders (MSDs) during a workplace safety blitz in April.
The blitz will target workplaces in the construction, healthcare, industrial and mining sectors. Inspectors will concentrate on tasks that require workers to exert force in lifting, pushing or carrying items and tasks that put workers in awkward postures or are repetitive.
This initiative is part of the province’s new Safe At Work Ontario blitz strategy, launched in June 2008. Keeping workers safe means increased productivity for Ontario’s economy and less strain on the health care system.
To learn more, read about Ontario’s new four year plan, Safe at Work Ontario, that will help strengthen workplace safety.Service Review of Saskatchewan Workers’ Compensation Board
In keeping with a campaign promise, the Minister responsible for the Workers' Compensation Board (WCB), the Honourable Rob Norris, announced that the government has directed the WCB to initiate a best practices review to ensure its services are responsive to the needs of Saskatchewan employers and employees.
The review will evaluate the level of service provided to workers and employers through the WCB's claims administration process, including injury claims, employer services and injury prevention. The scope of the review may also include other areas of the WCB that support the work of frontline departments. Comparative research will identify leading benchmarks and practices of other compensation boards and related industries.
The WCB will issue a Request for Proposals (RFP) to seek a qualified research agency or consulting firm to conduct the review. The review is to be completed and a final report submitted to the WCB by September 21, 2009.
To learn more about the WCB, visit www.wcbsask.com or call 1-800-667-7590. Information on injury prevention can be found at www.worksafesask.ca.
Appointments/Retirements/Announcements
New Governor Representing Employers to the Canadian Centre for Occupational Health and Safety
The Honourable Rona Ambrose, Minister of Labour, announced the appointment of Mr. Harry Phillips as Governor representing employers to the Council of Governors of the Canadian Centre for Occupational Health and Safety Board (CCOHS), effective February 16, 2009.
New Members to the WorkSafeBC Board of Directors
WorkSafeBC Board of Directors Chair Dr. Roslyn Kunin announced on January 15, 2009 the appointment of three new members to WorkSafeBC’s Board of Directors. Mr. Rick Roger has been appointed as the new public interest representative. Mr. Phillip Legg has been appointed as the new worker representative and Mr. Joe Lindgren has been appointed as the new employer representative. All of the appointments are for a period of two years.
New Vice Chairperson to the Canada Industrial Relations Board
The Honourable Rona Ambrose, Minister of Labour, announced on February 17, 2009, the appointment of Mr. William G. McMurray as Vice-Chairperson of the Canada Industrial Relations Board. The appointment is effective March 31, 2009.
Parliament/Legislatures/Assemblies
| Adjournment date | Resumption date | |
|---|---|---|
| Alberta | December 3, 2008 | February 10, 2009 |
| British Columbia | General Election May 12, 2009 |
|
| House of Commons | January 26, 2009 | |
| Manitoba | March 25, 2009 | |
| New Brunswick | March 17, 2009 | |
| Newfoundland-Labrador | December 17, 2008 | |
| Northwest Territories | February 4, 2009 | |
| Nova Scotia | General Election June 9, 2009 |
|
| Nunavut | January 26, 2009 | |
| Ontario | February 17, 2009 | |
| Prince Edward Island | December 3, 2008 | April 2, 2009 |
| Québec | January 13, 2009 | |
| Saskatchewan | December 4, 2008 | March 2, 2009 |
| Yukon | November 15, 2008 |
Upcoming Events
| Event | City | Date |
|---|---|---|
| 29th International Congress on Occupational Health (ICOH) | Cape Town, South Africa | March 22 – 27, 2009 |
| Western Conference on Safety | Vancouver, British Columbia | April 6 – 7, 2009 |
| Industrial Accident Prevention Association (IAPA) - Health & Safety Canada 2009 Conference | Metro Toronto Convention Centre, Toronto, Ontario | April 20-22, 2009 |
| Gala provincial du Québec des Prix innovation santé et sécurité du travail | Centre des congrès de Québec, Québec | April 29, 2009 |
| Forum santé et sécurité du travail | Centre des congrès de Québec, Québec | April 30, 2009 |
| North American Occupational Health and Safety Week (NAOSH) | May 3-9, 2009 | |
| 98th Session of the International Labour Conference (ILO), 2009 | Geneva, Switzerland | June 3-19, 2009 |
| Association of Labor Relations Agencies (ALRA) Conference | Oakland - San Francisco Bay area | July 18-22, 2009 |