*@

ONTARIO HEALTH & SAFETY ACT PROPOSALS

A MAJOR STEP TOWARDS
PROTECTIVE RIGHTS FOR WORKERS

Gaining protective rights for work-
ers bombarded every day by unsafe
and unhealthy conditions in their
workplaces has been a slow and tortu-
ous journey, most often marred by
frustrations and delays. But every
once in a while a major step is made
which is enough to give all veterans of
the fight new hope.

One such step was the introduction
of legislation in Saskatchewan in
1972. The legislation consolidated all
health and safety activities placing
them in the Department of Labour’s
Occupational Health and Safety
Branch. In addition, joint commit-
tees with responsibility for identify-
ing and resolving health and safety
problems were made mandatory in all
workplaces with 10 or more workers.

More recently in Ontario, proposed
amendments to the Ontario Occupa-
tional Health and Safety Act have
provided a number of important steps
forward for health and safety protec-
tion in that province.

After many meetings with labour
leaders and corporation heads, pro-
posals to amend the Health and
Safety Act were put forward by Min-
ister of Labour Greg Sorbora.

While the proposals do not meet,
all of labour’s demands with regards
to functional authority for health and
safety committees in the workplace,
they have provided a first giant step
towards that goal.

The most beneficial gain for joint
health and safety committees is the
extensive mandate to receive training
on health and safety and the financial
support for that training system.

Also proposals include:

© atleast one worker and one man-
agement representative of a joint com-
mittee will receive extended training
and certification.

© “certified” members can issue
stop-work orders where there is a
violation of health and safety law and
if it poses immediate danger to
workers.

© extension of the “right to refuse”
to include heavy lifting and repetitive
strain situations.

© bypartide committees estab-
lished to develop training programs.

© health and safety representa-
tives’ powers are expanded to include
the right to obtain information from
the employer concerning testing, to
be consulted concerning such tests
and to be present at their commence-
ment.

© an employer must reply within
30 days in writing to a representa-
tive’s recommendation which will
include a timetable for implementa-
tion or reasons for refusing.

© all members of the committee are
entitled to one hour (with pay) or
longer if determined by the commit-
tee, to prepare for each committee
meeting.

© special committees are to be
established for trades — “Workers
Trade Committees”.

© health and safety representatives
must be consulted regarding proposed
testing strategies for investigating
industrial hygiene at work. Also com-
mittees must be informed of test
results.

The amendments to the Ontario
Occupational Health and Safety Act
will also broaden the powers of Minis-
try of Labour inspectors, including
ordering tests by experts. The work
order issued by inspectors will remain

Employee and Family
Assistance Program Growing

Efforts to expand the Employee
and Family Assistance Program
(EFAP) are paying off. Renamed from
the Employee Assistance Program in
January of this year, the EFAP now
offers services in four additional prov-
inces to British Columbia.

Explaining the name change Neil
Menard, Second National Vice-Presi-
dent says that ten years ago most
people would have thought that
employee assistance should not in-
volve family members.

“Now the majority of people see
that services to the whole family area
must,” says Menard. “Problems that
affect a worker often include other
members of the family or dependents.
The program must be able to deal
with everyone involved.”

Currently in British Columbia there
are nine community based Assess-
ment Referral Services jointly admin-
istered by labour and industry. New
facilities for the Trail-Nelson-Castle-
gar area, Kimberly-Cranbrook area,
and Fernie-Sparwood area are in the
works.

IWA-CANADA is playing an im-
portant role in developing EFAP’s
in Hudson Bay, Saskatchewan, La
Pas, and Flin Flon, Manitoba. In the

Toronto area an Assessment Referral
Service has been initiated and is hav-
ing good response in its early stages.

In British Columbia, where the
present day program originated,
nearly 146,000 have the right to use
Assessment and Referral Services.
That figure includes nearly 103,000
family members.

The EFAP has come a long way
since 1976 when Menard and then
First Vice-President Bob Blanchard
helped persuade the union’s Regional
Executive Council to establish a Trou-
bled Employee Program.

MacMillan Bloedel’s existing Alco-
hol Treatment Program was then cou-
pled with IWA’s efforts to formu-
late a more complete program of
employee coverage. In 1979 an indus-
try-union committee was formed to
discuss feasibility of an Employee
Assistance Program.

Although the EFAP exists primar-
ily in Western Canada, the IWA-
CANADA is committed to making
the program available to employees
not presently eligible. With the
co-operation of industry we can even-
tually extend the program to all
employees whether they be company
staff or union members.

Verna Ledger
Health & Safety

in effect until withdrawn or cancelled
following an inspection. Employers
will be able to resume work only if the
inspector is satisfied the problem has
been corrected and a joint committee
member or worker representative has
confirmed that the order has been
complied with.

Labour in Ontario generally sup-
ports the new proposals although it
is somewhat nervous about the inter-
pretation of certain sections and the
enforcement overall. However, the bill
drew immediate and strong opposi-
tion from spokesmen for business

groups who claimed it gives labour
too much power to refuse and shut
down operations they consider unsafe.
Dale Botting of the Canadian Federa-
tion of Independent Business said,
“this should be called the ‘Big Union
Health and Intimidation Act’,” add-
ing that “unions will be given an
inside track to organize small busi-
nesses.”

It is obvious that the new bill will
have a tough journey on the road to
final passage, but the labour move-
ment in spite of some reservations
intends to see that the proposals
arrive relatively unscathed at the final
destination a full inclusion in the
Occupational Health and Safety Act. ©

All workers in Canada await the
outcome of the final legislation in
Ontario. Hopefully it will begin a new
era of expanded worker rights in occu-
pational health and safety that work-
ers across Canada can strive for as a
stepping stone to advance the cause
of health and safety in the workplace.

Verna Ledger is the director of
Occupational Health and Safety at
IWA-CANADA.

LOCAL PRESIDENT Sy Pederson, above left, poses with lifeguards Rhonda
Ross and Brian Broome at the Comox Valley Sports Centre. Some employees
there are members of Local 1-363, which recently negotiated a two year

contract for them. The recreation staff dubs itself the “ i
Waterworkers of America.” ne ee ema

IWA Represents Workers
Outside Forest Industry

Did you know that IWA-CANADA
represents home care workers?
How about an answering service?
Would you believe credit union tellers?

Yes, it’s true. Our union represents
a wide range of workers in certifica-
tions outside the forest industry. The
IWA-CANADA is hard at work most
of the year negotiating individual
agreements with employers in many
different locals.

Says IWA General Counsel Suzan
Beattie, “In many locations we are
one of the most visible trade unions
present. Naturally people go to our
local offices when they need help in
organizing.”

Williams Lake, B.C. Local 1-425
represents employees at South Cari-
boo Home Support Services. Th,
members provide long term healt]
care for handicapped persons in their
homes. They are very active with over
a 75% turnout at monthly meetings.

Harvey Arcand, local president in
Williams Lake says that the IWA is
one of two unions with full time staff
in his area.

“Most people either know someone
in the IWA or are related to someone,
in our union. We are continuously!
approached to organize various groups
in the area,” says Arcand.“At one

Continued on page 11

enemy ea

10/LUMBERWORKER/MARCH, 1989