Fines for Violations of the Occupational Health and Safety Act - Woodstock Auto Recyclers Ltd.-$60,000. and Welded Tube of Canada LTD - $120,000

Woodstock Auto Recyclers Ltd. Fined $60,000 After Workers Injured

April 26, 2012

Woodstock, ON - Woodstock Auto Recyclers Ltd., a Woodstock automobile wrecking yard, was fined $60,000 for violations of the Occupational Health and Safety Act after three workers were injured.
On November 16, 2010, three workers were inside the company's Woodstock facility. One of the workers was removing a gas tank from a car. The gas tank had not been emptied. Gasoline spilled out of the tank and was ignited by a nearby inspection lamp. A fire started and the emergency exit was blocked, forcing the workers to run to the other end of the building to escape. All three workers received burns and smoke inhalation.
Woodstock Auto Recyclers Ltd. was fined $55,000 for failing to provide information, instruction and supervision to a worker for the safe removal of a gas tank. The company was also fined $5,000 for failing to ensure that emergency exits were free from obstructions.
The fines were imposed by Justice of the Peace Sonia Aleong. In addition to the fines, the court imposed a 25-per-cent victim fine surcharge, as required by the Provincial Offences Act. The surcharge is credited to a special provincial government fund to assist victims of crime.

Court Information at a Glance
Location:                    Ontario Court of Justice
                                    415 Hunter St.
                                    Woodstock, ON
Judge:                         Justice of the Peace Sonia Aleong
Date of Sentencing:     April 23, 2012
Defendant:                   Woodstock Auto Recyclers Ltd.
Matter:                         Occupational Health and Safety
Conviction:                  Occupational Health and Safety Act , Section 25(2)(a)
                                    Ontario Regulation 851, Section 123(2)
Crown Counsel:           David McCaskill

 

 

Welded Tube of Canada Limited Fined $120,000 After Worker Injured

April 26, 2012

Newmarket, ON - Welded Tube of Canada Limited, a Concord steel manufacturer, was fined $120,000 for a violation of the Occupational Health and Safety Act after a worker was injured.
On August 19, 2009, a worker at the company's Concord factory was helping to change over part of a mill used to shape steel sheets into tubes. The worker was standing near the back of the mill when a section of the mill was moved into place using a rack and pinion drive system. The worker's leg was pinched between a moving rack and the mill, breaking the worker's leg.
A Ministry of Labour investigation found that the area of the mill where the worker was standing was not guarded to prevent access to the pinch point between the moving rack and the frame of the mill.
Welded Tube of Canada Limited pleaded guilty to failing to ensure that the machinery was guarded to prevent access to its pinch point.
The fine was imposed by Justice of the Peace Philip Solomon. In addition to the fine, the court imposed a 25-per-cent victim fine surcharge, as required by the Provincial Offences Act. The surcharge is credited to a special provincial government fund to assist victims of crime.


Court Information at a Glance
Location:                    Ontario Court of Justice
                                    465 Davis Dr.
                                    Newmarket, ON
Judge:                         Justice of the Peace Philip Solomon
Date of Sentencing:    April 24, 2012
Defendant:                  Welded Tube of Canada Limited
Matter:                        Occupational Health and Safety
Conviction:                 Ontario Regulation 851, Section 25
Crown Counsel:       Daniel Kleiman

What Am I Doing Here? Orientation and Training

 So you’ve hired your new employee and they show up on the first day.  That’s a good start, but will it be their most productive day at work?  Maybe it won’t be. Will it be the day that you decide if this person is going to fit at your business?  This is also not likely. 

However, that first day and the days that follow will be the most crucial time period for the new employee in terms of learning what’s expected, what they are supposed to do, how your business operates and where they fit into the larger picture. 

In making this transition a smooth and efficient process you should provide a company overview, your policies and job descriptions. This can all be told to a new employee but it’s a lot to take in so an orientation package that explains all the important aspects of your business, their job and what is expected of an employee will speed the process up. Included with this orientation package should be what is expected of them and what happens when they choose to deviate from these expectations.  This is so they can avoid any unnecessary behaviours or actions. This type of orientation is an important way to avoid misunderstandings that could cause future problems and creates a smoother transition for all parties involved. 

Training is the next important step and how this is done will vary from one workplace to another but simply expecting a new employee will do things right and in the way that your business normally does them is unrealistic. 

New employees often come into a workplace with either little or no experience in exactly the job that you have them doing.  Perhaps,  the experience they do have gave them different habits or ways of thinking than would normally be expected at your business. 

Training has to be gradual and conducted in more than one way to best deliver your message.  Be sure to take into account that some people will learn better through different methods or at a different pace. Be thorough, expect bumps in the road and make sure you ask for feedback so you know how your employee is adjusting and where they need more help.

www.hrnc.ca

Ministry of Labour: Employment Standards Officers - what they are looking for...

Proactive Inspections

Employment Standards (ES) officers visit businesses across Ontario ‘proactively’, even if no complaint has been filed by an employee. These officers will help you correct areas where your business is not complying with the Act. In most cases, a review of the following 10 standards takes place, which apply to most, but not all, workplaces in Ontario.

• ESA poster
• Wage statements
• Deductions from wages
• Record keeping
• Hours of work
• Eating periods
• Overtime pay
• Minimum wage
• Public holidays
• Vacation with pay

Officers usually provide advance notice of an intended visit. They will review your records and speak to you and your employees. If there are issues of non-compliance they will discuss these with you and, depending on the nature of the violation, they may provide an opportunity to correct them.ES Officers may also issue orders to pay, tickets or lay charges; courts may impose fines.

For more information:  www.hrnc.ca

Facebook is a recruiting tool used by employers.

Here is an excerpt from an article by Kashmir Hill for Forbes.  You can find the whole article at this link:
http://www.forbes.com/sites/kashmirhill/2012/03/06/what-employers-are-thinking-when-they-look-at-your-facebook-page/

"While some readers were put off by the idea of being stalked by potential employers, others recognized the utility of tapping into all the information out there about a given candidate.
“If I’m an employer, and it’s legal, and I’m about to make a major investment in someone that I’ll have to work all day with, I’ll use it,” said “gugie.” Puneet Thiara agreed with her: “The costs associated with hiring and training a new employee far outweigh the risk of not doing ALL of your research. You could say it’s similar to me researching a company I am applying for and checking out members of its groups on Facebook to see what kind of people work for the company.”
But other readers want employers to stick to the social networks intended for professional use. “I — and I know many others are with me here — use ‘social networks’ (other than LinkedIn, that is) for just that. Networking SOCIALLY. In my opinion you have no more business examining my Facebook entries than you would crashing a private cocktail party,” wrote a person who spelled “anonymous” in a very eccentric way. “[S]ocial networks should not be used IN LIEU of face-to-face meetings.”
Brettb was of this opinion as well:

[J]udging the character of an individual with such heavy weight on their personal life, which nine times out of ten will never interfere with their professional life, is wrong. The practice of physically sitting down and going through the motions of an interview with a candidate and asking probing intellectual questions while vigorously researching reference data is a much better way to select a qualified candidate. So what if Johnny had a few too many beers one night in Cancun when he was in college and someone took a photo, or if Susie openly supports her local death metal band. Does that make them bad people? No – get to know the candidate if you want to make a judgment of character. See how they handle themselves in a professional atmosphere and if they are personable or rather, someone you feel you can work with.

In my opinion, those who don’t want employers looking them up on Facebook pages are fighting a losing battle.
Christian Miller won the comments section with this remark:

Any candidate worth considering should be smart enough to set their privacy settings in order to hide all content from any potential employer. Anything a competent HR staff can find via google search is fair game.

Good luck, job seekers. And along with polishing your resume, dry-cleaning your interview suit, and researching the companies you’re interviewing with, do pay a visit to your Facebook privacy settings page."

www.hrnc.ca

HRNC ASK US A QUESTION … REGULAR SERVICES PROVIDED

HRNC

ASK US A QUESTION …  REGULAR SERVICES PROVIDED:

            HIRING

·         RECRUITMENT, INTERVIEWS AND SELECTION

            COMPENSATION& BENEFITS

·         ORIENTATION & RETENTION

·         PAYROLL

·         COMPENSATION

·         BENEFITS

·         PENSIONS

·         EMPLOYEE ASSISTANCE PROGRAMS

            COMPLIANCE

·         ACCOMMODATION/DISABILITIES

·         DISCIPLINE & TERMINATION

·         DIVERSITY TRAINING

·         HARASSMENT, BULLYING & VIOLENCE

·         EMPLOYEE & LABOUR RELATIONS

            HEALTH&SAFETY

·         WSIB – FORM 7 ISSUANCE & ADJUDICATION ASSISTANCE

·         RETURN TO WORK

·         WORKPLACE SAFETY

·         ERGONOMICS, MSD & WELLNESS

·         PANDEMIC PLANNING

            ORGANIZATIONAL DEVELOPMENT

·         PERFORMANCE EVALUATIONS METRICS

·         TRAINING & DEVELOPMENT

·         COACHING & MENTORING

·         CROSS-TRAINING

·         SUCCESSION PLANNING

            HUMAN RESOURCES INFORMATION 
                 & MANAGEMENT SYSTEMS

            QUALITY MANAGEMENT SYSTEMS

www.hrnc.ca

Recruiting; How To Find The Right People

Recruitment and hiring might be the most important factor in determining how well your business is going to run, especially in a small business where each member's contributions, benefits and drawbacks can be amplified. Compared to a large organization where it’s an entire team of maybe 100+ employees working towards the same goals whereas one poor employee in a group of ten can have a significant negative impact. So where do you start? It’s like shopping, walking into a store without knowing exactly what you want gives you plenty of options but what are the chances you’ll come out with all the things you need. That being said make a list of the “core competencies” that you’ll need in this position, what are the most important skills, knowledge, experiences and educational qualifications needed to perform the job. Next decide upon some of the secondary qualities or personality traits that would make for the ideal fit in a given position. Creating a ranking model or score sheet to track and maintain records accompanying these competencies can make your decision making process that much easier. Next is advertising. Make sure you’re doing this function in the right spots, simply posting an ad in a local paper may not be enough or attract the right people. For example, say you want an entry level IT person to join your team; advertising in a local or national paper could be a costly mistake. How many young people with an education in IT are scanning newspapers for their next job? My guess would be very few so targeting your add can greatly affect who responds. Seek professional associations, online advertising options, government job boards and university or colleges will often provide student resources for new graduates and exploring this option could reap an enthusiastic, knowledgeable individual just waiting for an opportunity to prove him or herself. Think critically about what you need, the ideal type of person for your company's “fit’ and make sure your looking in the right spots to increase your odds of finding a successful new employee.

John Ruyter, HRNC

Return to Work, What is it?

                For business owners and HR professional’s alike returning injured workers to the workforce is never an easy process to navigate. Do it right and your happy, healthy employee is able to return to his former position and doesn’t cost you an arm and a leg, do it wrong and it can be a frustrating process that could cost you thousands or if you’re really unlucky see you answer the phone to hear the WSIB, the MOL or the Canadian Human Rights Commission because a disgruntled employee filed a complaint. There are several things you can do that will help prevent any issues when you initiate and follow through with a return to work program. One thing to keep in mind during this process is to maintain contact with the employee in question. A simple call to see how they're doing every week or two should be enough to monitor their progress and get an idea of when they will be ready for work again. Another important step is to have a doctor or possibly another medical professional, say a physiotherapist, to fill in a “functional abilities form” which will outline what the employee is capable of doing, what limitations exist and will give you an idea of how to best accommodate this employee. It is important to remember that just because an employee can’t do the exact job in the exact same way as before they were injured doesn’t mean they aren’t capable of working. This may be the most difficult or misunderstood aspect of a return to work program. The “duty to accommodate” is a key part of any return to work program and is required by ALL employers. This can sometimes bring about a degree of hardship in your workplace that may not have existed before the injury occurred but finding a proper fit for an injured employee is one of the most important responsibilities of employers and is key to avoiding legal hardships. Finally as with all employee issues, remember your due diligence; record what’s happened and what your next steps will be, keep employees informed and follow the proper process. For more information or to talk to an expert visit HRNC.

Show me the money !!

It is getting close to the end of another calendar year,  All sole-proprieters will be counting there piles of money ... or maybe not??  What was 2011 really like for you?

Just barely holding on...or did you discover something new.   A new way of doing business or a new product that is driving your ROI wild?

If you are happy with the results of YOUR 2011 - tell us about it in the comments section.

If YOUR 2011 was less than stellar - tell us what YOU think happened.

What will YOU change in 2012?


HELPING BUSINESSES MAKE A PROFIT - IT IS YOUR PAY CHEQUE !

Do you need more productivity in your business?

Tips to grow your business

Small business HR

Here is a new social media idea that you can use in your business - The Hive.
Download the whitepaper, by filling in your contact information.  Used by permission of Lawrence Pilch at Pollstream!  Thanks, Lawrence!


1.  I love to be appreciated ... and so do YOUR employees....
      Joy Vas, CHRP - HRNC

2.  Tell your employees what they did right - and be specific....
      1001 Ways to Reward Employees - Money isn't Everything by Bob Nelson

3.  Nearly all men can stand adversity, but if you want to test a man's character, give him power....
     Abraham Lincoln

Let us know what you need.  Contact.

Small-business human resources: In-house or outsource?

November 28, 2011 | Proquest LLC

By Ryan, Jim T

REGION

Small businesses have a number of options for human resources services, but it's not always clear-cut as to whether an in-house, hands-on approach or a professional, outsourced strategy is the best way.

A company's size, resources and executive involvement in hiring are large factors in determining a strategy, human resources professionals said. But even if they do it themselves, some small companies may want to outsource human resources to professionals more familiar with rules and regulations to prevent problems and save money, they said.

For companies with fewer than 25 people, it might be best to work with an expert, said Christina Myers, president of the Lancaster County Association for Human Resource Management. She's also a senior human resources manager for Minnesota-based Scantron Corp., the data collection and standardized testing company that has a printing facility in West Hempfield Township.
"It's more cost-effective than hiring full-time HR staff ," Myers said.

Human resources encompasses more than hiring, firing and employee disputes, she said. There's also benefits management, unemployment insurance and accompanying regulations. Small-company owners may not have the expertise to handle those, she said.

Growing companies have more options, but also more responsibility to comply with regulations in the U.S. such as the Americans with Disabilities Act and the Family and Medical Leave Act, she said.   "That adds a layer of complexity," Myers said. "It's a lot to know and a lot to take care of, and you need someone who is an expert or has a strong grasp of the laws. That way you're doing what's right and not putting the company at risk."

Many small companies prefer handling their human resources issues in-house, executives said.
"If you keep everything organized and keep up on it, then it's not that hard to do," said Willie Erb, CEO of E&E Metal Fabrication Inc. "If you slack, then you'll find yourself in trouble."
Lebanon-based E&E has 23 employees and within the next year could begin hiring more to ramp-up production of industrial biomass burners that can provide electricity to manufacturers and offices. In February, it landed a contract to research, develop and build the burners for Florida-based Starlight Energy.

Even when E&E begins hiring for that production - expected to double its workforce - it plans to review candidates and make decisions for itself, Erb said.

Many owners want full control over those issues to make sure the people they hire fit with their corporate culture and values, Myers said. If companies use a third party for staffing, they must ensure that the consultant also understands those values, she said.

"Any time you outsource to someone, the company still has the liability," said Kimberly Nash, director of human resources services for Cumberland County-based Alpha Benefits Group. "So you have to make sure that whoever you're working with has a good reputation, that you're comfortable with them."

Executives considering whether to outsource should weigh the workload of their staff members managing human resources, she said.

Sometimes, outside factors force a small company's hand. The most recent recession and its lingering economy are good examples. The comatose economy has left many small companies understaffed, with each manager taking on much more responsibility than they would have in a ripe economy.

York-based Wagman Metal Products Inc., a manufacturer of manual and automatic tools and parts for the cement industry, has experienced such issues, said Jeff Snyder, the company's sales and marketing manager.

The cement industry was down about 60 percent without commercial and residential construction, he said. Wagman had to cut back, too. In 2007, it employed between 30 and 40 people, he said. Today, its workforce is between 15 and 20 people.

Everyone is wearing multiple hats and taking on more responsibility, Snyder said. That means it has to cut back where it can, so the company uses a staffing agency to find workers on an as-needed basis, he said.

"Its definitely more cost-effective to have some consultants do something in these areas every once in a while, as opposed to having a full-time staff person," Snyder said.

Companies looking to save additional money while getting more value from their outsourced services need to evaluate those business relationships, Nash said. If brokers and consultants aren't managing your human resources issues, or you only see them around renewal time, it's time to think about making a change, she said.

Small-company executives also have to look at what third-party firms are offering in terms of added service at no additional cost, she said. Many firms offer extras, and they can help better manage a business without hiring more consultants, she said.

"You should get service," Nash said, "and feel confident that what they're telling you is the real way it is."

"If you keep everything organized and keep up on it, then it's not that hard to do. If you slack, then you'll find yourself in trouble."

Willie Erb, E&E Metal Fabrication Inc.
BY JIM T. RYAN
jimr@journalpub.com

Copyright:

(c) 2011 Journal Publications Inc.