To quote from Justice Kenneth Peter Richard’s report (titled “The Westray Story: A Predictable Path to Disaster”) of the inquiry he conducted into the methane gas explosion “The Westray story is a complex mosaic of actions, omissions, mistakes, incompetence, apathy, cynicism, stupidity and neglect,” that resulted in the deaths of 26 miners that fateful day, May 9, 1992 in Pictou County, Nova Scotia.
These fathers and sons aged 22 to 56 lost their lives in a needless tragedy.

Curragh Resources Inc., the Toronto based company, that owned the mine changed the legal name to Curragh Incorporated just 5 days before this terrible accident occurred and both the new corporation and Westray Coal Inc. filed for bankruptcy in 1993 easily averting any repayment of all of the loans they had received from various levels of government.
As well, any and all attempts to prosecute any corporations or individuals failed sadly.

As a result of this debacle of justice an intense lobbying campaign was initiated resulting in a private members bill, known as Bill-C45, which after numerous attempts was passed in parliament on October 31, 2003 and given Royal Assent on November 7, 2003. This amendment to the Criminal Code of Canada 2003, now officially known as Chapter 21, in essence deals primarily with “acting so carelessly or with such reckless disregard for the safety of others as to deserve criminal punishment”.
It establishes criminal liability for organizations as well as individuals under the duty of persons directing work; (sec. 217.1)
“Every one who undertakes, or has the authority, to direct how another person does work or performs a task is under a legal duty to take responsible steps to prevent bodily harm to that person, or any other person, arising from that work or task.”

To date, although a number of charges have been laid in a variety of cases across the country, only two convictions have been registered. The first was a guilty plea that occurred on December 7, 2007 in the province of Quebec, for the death of a worker at Transpave Inc.
The second case proceeded to court and the accused Pasquale Scrocca, a landscape contractor in Quebec was found guilty, when an employee was killed by a backhoe driven by the accused, his employer.

On this solemn anniversary we suggest you take a few moments, out of respect for the 26 miners and their families, to search the internet and read some of the details and articles regarding the Westray Story.
Let’s not forget!

The MOL March Blitz is well underway and now that we are officially into Spring it will soon be complete. This Blitz focuses on concrete forming, masonry, siding and built-up roofing and runs from March 1-31, 2012. We hope it hasn’t caught any of our Construction Sector clients unprepared. Interestingly enough the Blitz schedule on the MOL website has not been updated to show any future Blitzes for the balance of the year?

There are definite changes in the works for the WSIB Certification training program for Certified Members, however again we have been informed that the implementation of any changes to this program have also been put on hold by the office of the CPO.

The ‘Safe at Work Ontario’ stakeholder consultation process comes to a close the end of next week. So we will have to wait and see WHAT will/may happen and exactly WHEN it will/may happen. Of course this is in direct reference to the implementation of the many recommendations made by the Dean panel, some of which came into effect June 1, 2011 as Bill 160 and others which we were told would take place in the future, some as soon as April 1, 2012. That is only a week and a half away!

Could it be that any and all changes and implementations are on hold at this point until the introduction of the Ontario Government’s Spring Budget to be released next week?
I suppose we have to have patience, even though statistics still show that an average of at least one person per day every day of the year dies in Ontario due to workplace injuries and /or illness!

The first MOL Blitz of this year is on the home stretch and will conclude on February 29th. It focuses on Musculoskeletal Disorders (MSD) in all 4 work sectors, Industrial, Health care, Construction and Mining. The MOL has provided a video on their website illustrating just what the inspectors will be looking for when they arrive at your door. You can download this short video to review it with your JHSC. From our Home page link to the MOL website, go to “Health and Safety”, then scroll down to “Spotlight” and use their link to “Manual Materials Handling Videos”, either ‘Construction’ or Industrial Workplaces’. Once you’ve found these videos you can also follow the link to the MSD/Ergonomics page and download one of the 4 posters for your work sector, post it in your workplace, it may help!

There are also 2 videos posted on the MOL website of a two part interview with the new Chief Prevention Officer (CPO), Mr. George Gritziotis, regarding his new position his outlook and strategy. From “Health and Safety” go to “Prevention” and then scroll down to “News” and the heading “January 12, 2012, Health and Safety Outlook 2012: One-on-one with the safety chief”. It’s interesting!

On another note we are conducting a Certification Part 1 training session on March 6th & 7th in the Kitchener Waterloo area and we have a few spaces still open, the cost is $370 per person plus HST, for more details please contact us.

Remember if you haven’t tried us lately please feel free to contact us through this website, we’ll setup a meeting, provide you with a quote and commit to providing the services we offer, to your satisfaction.

Some things are speculation and others are a surety.

We no longer need to speculate as to whether Workwell will still be around and continue to be managed by WSIB in 2012. With all of the Bill 160 amendments last year, coupled with the shift of injury prevention from WSIB to the MOL, we have recently been assured that the Workwell program for 2012 is alive and will remain under the direction of WSIB. This month the Board will commence its selection process of employers, from across all work sectors in Ontario, who have experienced a higher than normal injury frequency rate in 2010 than their Rate Group average and these employers may be targeted for a Workwell Audit in 2012. The revised WSIB Workwell Core Health and Safety Audit of June 2011 is tougher than ever before and employers who receive their notice from the Board in the first quarter of this year would be well advised to consider sourcing help from a health and safety provider in order to achieve a passing score. The cost of this service is far outweighed by the benefits of using a professional service. We still continue to offer you an absolutely FREE WSIB Workwell Audit Gap Analysis consisting of 4-hours for any client facing a Workwell Audit, again, absolutely FREE with NO obligation to use our services.

Another item that needs no speculation is the continuation of the MOL Blitz program for 2012. The first Blitz this year is scheduled for February 1-29 on Musculoskeletal Disorders (MSD) across all 4 work sectors, Industrial, Health care, Construction and Mining. This program has proven to be very successful in reducing injuries in Ontario according to the MOL and therefore will not be going away anytime in the near future.

The Construction Sector, Trade Specific, is the target of the March 1-31 Blitz so contractors beware!

This still leaves us with an area of speculation as to WHAT else will/may happen and exactly WHEN it will/may happen. This is in direct reference to the implementation of the many recommendations made by the Dean panel, some of which came into effect June 1, 2011 as Bill 160 and others which will take place in the future and some as soon as April 1, 2012.

The new Chief Prevention Officer (CPO), Mr. George Gritziotis, was appointed in October and as such has the responsibility to establish the province’s occupational health and safety strategy. Here are some of the planned improvements:

• A proposed regulation to provide more support to workers and small businesses regarding Reprisals (section 50 of OHSA).
• A consultation process for a new poster outlining the basic rights and responsibilities of the workplace parties under the Act has begun. This may (likely will) become a mandatory posting for all workplaces in the near future.
• A Health and Safety awareness workbook for workers and an employer guide to the program has been prepared for consultation as well. Since there is mention of an Equivalency Guideline for Employers in their document we would guess that this minimum entry level training requirement may (likely will) become mandatory and will be enforced throughout all workplaces in the near future.
• More powers given to JHSC co-chairs with regard to submitting written recommendations when the committee has failed to reach a consensus.
• Mandatory training requirements for Health and Safety Representatives.
• A full review and update of the certification training requirements for JHSC Certified Members, including the possibility of establishing a 3-year expiry.

Sounds like a rather fun-packed year ahead!

We are fully committed to providing our clients with the level of experience, expertise and service they have come to expect from Busch Training throughout this New Year.

If you haven’t tried us then please feel free to contact us through this website, we’ll setup a meeting, provide you with a quote and commit to providing the services we offer, to your satisfaction.

If you receive the dreaded WSIB Workwell notice over the next few months, do NOT panic, simply contact us and we’ll provide you with a 4-hour consultation and gap analysis absolutely FREE of charge! You have our personal guarantee.

This new audit will be used for any employers who are scheduled for the audit as of February 14^th this year.

There are some changes we would like to mention and as well it appears there are some misprints and errors.

First note the change in the titles for the audit element matrix (pg. 12) from what used to be known as “Guidelines” to “Requirements”. This simply means that rather than a non-compulsory guideline these items are now enforced by the auditor as being required by the audit. This is very serious.

Element 1.2 is new as it deals with the posting of the Workplace Violence and Harassment Policies, Bill 168.

Element 3.1(f) insists that the Employer post the MOL Guide to the OHSA, which interestingly is no longer available in print as a small booklet and must now be downloaded as a pdf from the MOL website, printed and posted as a 8.5×11 – 79 page document.

Element 4.2(c) Emergency response has had a few more situations added which appear to reflect some current trends such as, fall arrest/high angle rescue, entrapment and motor vehicle incidents.

Be sure to read Element 4.2(f) Lockout and 4.2(g) Confined Space very carefully as there are some changes.

Element 4.2(i) is conspicuous due to its absence. Don’t know yet whether this was intentional or a mistake. The elements go from ‘h’ to ‘j’ so it was missed however the total scoring for Element 4 includes 10 points for this section, so maybe the Board doesn’t audit their own work as they do their clients?

A similar situation applies to Element 5.2(b) where the scoring is missing altogether, so maybe the Board really doesn’t audit their own work?

Element 11.1(c) has changed significantly. This used to simply ask if the employer responds to written recommendations from the JHSC within 21 days. Since most employers have never received a written recommendation the answer was a “no brainer” of course they do! Now the question is “does the employer actively support the activities of the JHSC” which is a far more involved and interesting question.

These are the major changes that we found however you would do well to study each “requirement” very carefully when modifying your procedures as there are some minor word changes in other elements of the document. 

And above all don’t forget that at Busch Training we offer you an absolutely FREE WSIB Workwell Audit Gap Analysis consisting of 4-hours for any client facing a Workwell Audit, again, absolutely FREE with NO obligation to use our services. 

Check it out, to the best of our knowledge, no one else will give you that!

It can be a very costly process?

We have the solution!

At Busch Training we have been helping clients to prepare for their WSIB Workwell Audit for over 12 years and for FREE!

Sounds too good to be true?

What do you get for FREE?

You will get a four, YES, 4-HOUR GAP ANALYSIS, based on a unique Excel spreadsheet format.

You will have your current Health and Safety Program documentation scored against all 12 elements of the WSIB Workwell Audit.

You will receive pre-audit tips and suggestions as you guide us through your entire facility.

You will receive, upon your request only, a very competitive written quotation on the spot, but only if you believe you will be requiring more assistance beyond these 4-hours.

Remember, there is absolutely NO OBLIGATION whatsoever to use our services after you have received your FREE 4-hours!

At Busch Training it is our firm intention to do whatever we can to help you pass your Workwell Audit on your 1^st attempt, so that you can focus your attention on the day to day operations of your business while at the same time meet or exceed your obligations under the Occupational Health and Safety Act.

If you have been selected for a Workwell Audit, why wouldn’t you take advantage of this FREE offer, see our ‘Workwell Audit Preparation’ page under ‘Services’

What does this process involve, if you have met their selection criteria?

An auditor has been assigned to your file and will contact you to set a date for the first phase of this evaluation process. On that date the auditor will meet with the employer and the Worker Health and Safety Representative or a Worker Member of your JHSC. The auditor will examine all of your documents pertaining to your Health and Safety policies and procedures. They will make observations in your facility and interview workers on the job. They will conduct an inspection of the workplace looking for specific requirements. Keep in mind that the auditor is NOT a MOL Inspector and therefore has no authority to write compliance or stop-work orders. All of their findings will be scored against the Workwell Audit standard. The Workwell Audit involves 12 basic elements with each element divided into sub-elements. The scoring has been established for each of these sub-elements and is based on achieving either full marks or NO marks. There are no part marks. The pass is 75%. WSIB Workwell Audit statistics reveal that less than 20% of businesses pass the first audit. Our experience over the past 22 years shows that clients generally score 20% to 30% at best on this first audit. The auditor will follow-up by sending you the first Workwell Audit report within 2 weeks. Should you pass this first audit take a big sigh of relief and pat yourself on the back! Should you fail, your auditor will schedule a second evaluation after 6 months. At this second visit the auditor will score only those elements you had failed and hopefully you will pass. By the way the Board’s statistics on second audits are much more encouraging with only about a 20% fail rate. A failure would result in an additional charge being assessed to your account. We at Busch Training have never experienced a failure on a second audit with any of our clients.

To read more about the Workwell Audit process, follow the link on our ‘Home’ page to WSIB’s ‘Prevention’ page.

HOW CAN WE HELP?

We have successfully developed an Occupational Health and Safety Management System to suit the needs of the WSIB Workwell Audit. This system of procedures along with our training will not only provide you with a passing grade on the audit but will also ensure you meet your ‘Due Diligence’ obligations as an employer in Ontario, thereby meeting or exceeding the needs of the Occupational Health and Safety Act.

 If you have been selected for a Workwell Audit, we offer you a four (4) hour audit preparation consultation and it is absolutely FREE with NO OBLIGATION whatsoever!

 Why not take advantage of this FREE offer, see our ‘Workwell Audit Preparation’ page under ‘Services’.

While we are speaking about WSIB Workwell Audits another selection process is currently taking place and letters will be sent out to any clients meeting the Board’s criteria. Should you receive such a letter DO NOT PANIC, simply give us a call or email. Don’t forget we have offered an absolutely FREE 4-hour consultation (gap analysis) to any employer notified of a pending audit by the Board and we continue to make this offer year after year. There is NO OBLIGATION to use our services but please give us the opportunity to provide this service to you, we do the same for dozens of new clients each year.

The current MOL Blitz focuses once again on MSDs (musculoskeletal disorders) as it did in April 2009. It will continue until November 15^th so if you haven’t been selected yet don’t get too complacent. Inspectors will be looking at any job tasks or activities that require workers to exert force, fixed or awkward postures or repetition. MDSs are injuries and disorders of the muscles, tendons and nerves that can develop as a result of continued exposure to repetitive work, awkward postures and other factors.

MOL statistics show that in 2008, 43% of all lost time injuries involved MSDs, amounting to more than 33,000 injured workers.

What will any of the 430 MOL inspectors look for?

Your first concern should be “does your company have a written policy/procedure/program dealing with MSDs”?

In our commitment to be your Health and Safety provider we are well equipped to assist you with this initial step and can also help you with implementation of your program.

The “Spring Blitz” resulted in 4,541 orders being issued across the province, 601 of these orders were regarding MSD issues.

Be prepared for this “Fall Blitz”! 

We can help! 

For more information on “Blitzes” use our link to the MOL website and search under “blitzes”.