Long lines continue for wind turbine work

Friday, May 3, 2013

Long lines continue for wind turbine work

By Dave Johnson, The Tribune

Thursday, May 2, 2013 6:34:10 EDT PM

Job seekers are lined up in front of Job Gym on East Main St. for the second day trying to get a position at PowerBlades Inc., a German wind turbine manufacturer opening up a blade plant in Welland in July.

WELLAND - With resumes in hand, more job seekers lined East Main St. in front of Job Gym Thursday morning, hoping to land one of 125 initial positions at PowerBlades Inc., or possibly one of the 75 to follow.

Job Gym manager Deanna Villella had expected at least 600 people to pass through its downtown doors in hopes of landing a future at the manufacturing plant on the east side of the Welland Canal.

Hamburg, Germany-based REpower Systems is setting up shop for its subsidiary on Rusholme Rd. Production is expected to start in July.

“From our perspective, things are going really well,” Villella said of the job hunt. “The employer is really happy with the candidates coming through and the people they are meeting with. With 200 jobs to fill, they have to see a lot of people.”

People who lined the street on Wednesday and Thursday were asked to meet criteria for production workers, with experience in manufacturing of plastic parts and surface finishing, an ability to read blueprints, experience with composites manufacturing, and certification for overhead cranes and forklift. Quality inspector and laboratory technicians are sought with experience in composites; and production/maintenance/support technicians are also required.

“People who met the criteria were given a number to meet with the employer for a face-to-face interview,” said Villella, adding there were seven people from the company on hand at Job Gym.

Though they were trying to keep interviews short, between five and 10 minutes, to keep people moving through the line and process, Villella said some interviews were taking a while. Seventy people were asked to come back on Thursday for interviews because of the huge lineups on Wednesday.

Second interviews were set up by the employer for those people that made it through the first interview.

“We’re happy to help the employer,” said Villella, who walked the lineup on Wednesday. “Our staff have been working 12 to 14 hours, but their spirits are positive.

 © 2012 St. Catharines Standard. All rights reserved. The St. Catharines Standard are members of Canoe Sun Media Community Newspapers.

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Royal Group, Inc. Fined $50,000 After Worker Injured

 

Is a wet floor really that bad?  Yes, when people can be hurt!

Doesn't the employee have a duty under the IRS?

Who is ultimately responsible?

October 30, 2012

Newmarket, ON - Royal Group, Inc., carrying on business as Royal Pipe Co., a Toronto pipe manufacturer, was fined $50,000 for a violation of the Occupational Health and Safety Act after a worker was injured.

On July 2, 2011, a worker at the company's Woodbridge manufacturing facility was setting up one of the production lines. The worker slipped on a wet surface and fell onto a machine. The worker's arm was trapped and injured between the frame of the machine and one of its moving parts.

Royal Group, Inc., carrying on business as Royal Pipe Co., pleaded guilty to failing to ensure that the work surface was kept free of slip and fall hazards.

The fine was imposed by Justice of the Peace John MacDonald. 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 John MacDonald

Date of Sentencing:    October 26, 2012

Defendants:                 Royal Group, Inc. carrying on business as Royal Pipe Co.
Matter:                        Occupational Health and Safety

Convictions:                Ontario Regulatio 851, Section 11(a)(ii)

Crown Counsel:          Shantanu Roy

Questions? HRNC can assist you with the answer.

.

(I am posting my response to a question in this blog because I believe that others may have similar situations and do not know who to ask.)

 

Thank you for asking your question of HRNC.

Let me re-frame the question as I understand you.

The employer has an operation that operates seven days a week but not 24/7.  They close on Sunday for the Public Holiday, but that is not your scheduled day to work.  Do you still receive another paid day off in lieu of that day or not?

My answer is "that depends" which I know sounds frustrating.

• If this company falls under any of the exemptions, such as Crown or federal employees they follow Federal Regulation.
• Have employees signed an agreement with the employer regarding Public Holidays?
• There are more circumstances which is why I said "that depends".

Section 29(1) of the Employment Standards Act covers Public Holiday Not Ordinarily a Working Day.

29(1) If a public holiday falls on a day that would not ordinarily be a working day for an employee or a day on which the employee is on vacation, the employer shall substitute another day that would ordinarily be a working day for the employee to take off work and for which he or she shall be paid public holiday pay as if the substitute day were a public holiday.

I hope this answers your question.  Now you can look for this section and see if there are any other exemptions for the work that you do that may cause the employer not to give unscheduled employees another day off.

Please let me know how this answer works for you.  I am interested in the many industries and situations and the interpretation of the Act.

Ontario Enhancing Enforcement to Protect Workers

Ministry of Labour Increases Proactive Employment Standards Inspections

• Issued: September 17, 2012

NEWS

Ontario will help ensure fairness in the workplace by enhancing the enforcement of the Employment Standards Act, 2000 (ESA), including the hiring of additional officers and staff.

The enhanced enforcement will include more proactive inspections. These inspections encourage workplace parties to comply with the ESA before serious violations arise and complaints are filed. Complaints can be costly and time-consuming for businesses. An initial $3 million, two-year investment will allow for 18 additional Employment Standards Officers and staff.

The inspections are also aimed at educating employers and employees about their rights and responsibilities under the ESA, which sets minimum standards for entitlements such as wages, hours of work and public holidays.

The ministry is committed to protecting vulnerable workers, meeting the needs of a changing workforce and helping employers understand their responsibilities. Protecting workers is part of the McGuinty government’s continued commitment to ensuring a strong economy and that all Ontarians are treated fairly.

QUICK FACTS

• Since 2004, the ministry’s Employment Standards Program has recovered more than $90 million in wages and other monies owed to employees through inspections, claims and collections.
• The Employment Standards Information Centre (1-800-531-5551) provides service in 23 languages – from Arabic to Vietnamese.

LEARN MORE

Learn more about Ontario’s employment standards, along with resources, tools and calculators for employees and employers.

Bill Killorn, Minister’s Office, 416-326-7708
Matt Blajer, Communications Branch, 416-326-7405

ontario.ca/labour-news
Disponible en français

An Ontario court has held that an employer had no duty to provide safety training to a medical manager

[author: Adrian Miedem

An Ontario court has held that an employer had no duty to provide safety training to a medical manager on a function – the use of ladders – that was outside of the manager’s job duties.
The case involved the Emergency Medical Services Manager with the Parry Sound Health Centre. The manager took an extension ladder, leaned the ladder against the outside of a building, then climbed the ladder to check a heating and air conditioning roof unit that was not working properly. When the manager was 15 or 20 feet up, the ladder gave way and he fell to the ground and was seriously injured.

The Ministry of Labour laid an Occupational Health and Safety Act charge against the employer, alleging a failure to properly train the medical manager on ladder use.

Justice of the Peace Tenant, in the Ontario Court of Justice, held that the employer was not guilty. He found that ladder use “had nothing to do with” the medical manager’s job; that the manager should not have been using a ladder; that it was not foreseeable that he would use the ladder; that he was not asked by the employer to use the ladder or to repair the roof unit; and that he was aware that the proper procedure was to call a maintenance worker.

The court asked, rhetorically, whether it would be “reasonable and necessary to provide information, instruction and supervision to a maintenance worker on the proper use of a hypodermic syringe?” and whether, if a nurse was injured hanging a piece of art, would the employer be required to train all nurses in the use of hammers?

In closing, the court stated that it does not require “super-human efforts” to raise a due diligence defence to Occupational Health and Safety Act charges, and the Act and regulations do not “mandate or seek to achieve the impossible entirely risk-free work environment”.
R. v. West Parry Sound Health Centre, 2012 CarswellOnt 7703 (Ont. C.J.)

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Published In: Administrative Law Updates, Labor & Employment Law Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
Thank you to the © Fraser Milner Casgrain LLP 2012 | Attorney Advertising

Company Director Fined $90,000 Under OHSA After Workers Killed

  

July 13, 2012 11:20 AM

Toronto, ON - Joel Swartz, the director of Metron Construction Corporation, a Toronto constructor, was fined $90,000 after pleading guilty to violations of the Occupational Health and Safety Act after four workers were killed and another worker was seriously injured.

On December 24, 2009, six workers were on a suspended work platform, also known as a swing stage, at a construction project on Kipling Ave. in Toronto. The swing stage collapsed and fell 13 floors, killing four of the workers and seriously injuring another worker. The only worker properly attached to fall protection was held by the lifeline and pulled to safety.

A Ministry of Labour investigation found that the deceased workers had not been properly tied off to a lifeline, and had not been properly trained in the use of fall protection. The swing stage had been overloaded and it was later determined to be defective and hazardous.
Joel Swartz pleaded guilty under the Occupational Health and Safety Act to failing, as adirector, to take all reasonable care to ensure that:

• workers did not use a defective or hazardous swing stage
• the swing stage was not loaded in excess of the weight it was meant to bear
• workers were adequately trained in the use of fall protection by a competent person
• Metron Construction Corporation prepared and maintained written training and instruction records for each worker

Metron Construction Corporation was convicted of criminal negligence causing death and was fined $200,000 in relation to the same incident. Metron's conviction was pursuant to amendments to the Criminal Code of Canada relating to workplace safety which have been in force since 2004.  The criminal charges were laid by the police.

The fines were imposed by Judge Bigelow of the Ontario Court of Justice. In addition to the OHSA 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.

Other defendants facing charges stemming from this incident are still before the court.

Court Information at a Glance
Location:                     Ontario Court of Justice
                                    Old City Hall
                                    60 Queen Street West
                                    Toronto, ON
Judge:                         Judge Bigelow                                   
Date of Sentencing:   July 13, 2012
Defendants:                 Joel Swartz
                                    Metron Construction Corporation
Matter:                        Occupational Health and Safety
Conviction:                 Ontario Regulation 213/91, Section 26.2(1)
                                   Ontario Regulation 213/91, Section 26.2(3)
                                   Ontario Regulation 213/91, Section 93(2)(a)
                                   Ontario Regulation 213/91, Section 134(3)
Crown Counsel:         Tom Schneider

Kaizen Your Employees

In Japanese Kaizen means continuous improvement; something we all should strive for. As a business owner or manager you look around your workplace and think of ways things could be better. How often does the thought cross your mind that the same should happen with your employees? It’s very likely that the people you’ve hired hold more potential to be better employees and could be tapping into more of their potential. Previously we’ve written about how to motivate employees and some of the benefits of cross training but these practices won’t just work to motivate your employees. Allowing your employees greater flexibility in terms of what tasks they can perform at work will ultimately lead to a more versatile workforce; illness, injuries and vacations will have less of an impact on productivity and stress levels among employees if people can move into other jobs relatively seamlessly. Next to think about is training. There are all kinds of training programs available, if employees can work better through training advocate for it. Colleges and Universities as well as business help centers will all be able to connect you with the right people to provide training for your employees, customer service is a popular choice. Maybe you’ve seen a motivational speaker or know of one coming to your city soon, invite them to your workplace to speak or provide tickets to your employees to attend an event, it may jump start a new level of commitment or motivation in your workforce.  Your employees are one of your greatest assets and are the most important factor in your businesses success. In the words of one car manufacturer marketing gurus, “Make Things Better”.

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

How does privacy in the workplace affect the employer and the employee?

Most of us are aware of PIPEDA (Personal Information Protection of Electronic Data Act). The Act put into place in 2000 to assist consumers to trust electronic transfer of their personal information; such as medical and health issues, credit card information, social insurance numbers and Ontario health information and medical care numbers.  Fraud in the use of our medical system was rampant as information numbers were stolen and there was no identification necessary at that time.

Things have changed drastically since then.  Has fraud stopped?  Well, no...  Usually as soon as a new rule comes into place some genius has already found a way to use it or abuse it.

However, when it comes to the employer, you have a duty to protect your employee's information and keep it confidential.  What about those 3rd party phone calls that ask you if so and so works for you and is this how much they make?  There is an easy way to take care of that situation.  Make a policy that asks each employee to fill out a request form for a certain company to ask about their employment information and have it active for a certain time period.  This way you do not have to comprise any information without your employee's consent and the employee can have their information verified quickly and painlessly.

Most financial institutions are happy to have a pay stub from the employer and if they know you - your word on how long you have been employed by that company.

It is very important that all employee information is kept confidential and not given to anyone without the employee's consent.

Something that even small businesses may want to consider - what are you doing with your computer/blackberry smart-phone backups.  If you are wondering exactly what this refers to you could be looking at a lot of hassle down the road.  Most individuals don't even know that they are able to backup their phones.  And many businesses only have their client and employee information on one computer.  If anything happens to that computer - well, let's just say copy the information on your computer to a flash drive, SD card, digital backup hard drive, etc.  Protect yourself, your business, your employees and your clients.

Be smart - not burnt!

www.hrnc.ca

HRNC creates Employment contracts and Employee handbooks

Employment contracts ensure that there is a “hard copy” of the terms of the employment relationship between employee and employer and that both parties will abide by these terms. HRNC will be able to draft an employee contract that is not only simplistic but comprehensive and will outline the necessary information needed to hire an employee. The contract will include the information for your company as well as link the handbook into the contractual agreement so as to ensure that the terms of employment also relate to policies outlined in the employee handbook. 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

Including Contract workers in workplace policies and training

HRNC assists employers with what is the best fit for their company.  Workplace policies should address the contract worker as opposed to a full-time employee.  Contract workers have the potential to be both an asset and a liability for the company.  They are more likely to leave after training has developed them.  However, if there is a slow down for the company - they make it easier to deal with than terminations.  If they are willing not to receive benefits that reduces costs as well.  I understand that the information technology sector has difficulty keeping full-time employees because workers prefer contracts only.www.hrnc.ca

A most interesting solution to human resources sharing has been met by Hannah McKinnon, of www.peoplepooling.ca.  If companies sign up for membership to share some of their employees during slow times - they also have the opportunity to share another company's employees when they have an extra project. What a great way to keep our human resources maximized!

Who is a Human Resources Professional?

Anyone can call themselves a Human Resources Professional.  However, the HRPA of Ontario is the regulating body for HR professionals.  You can find out if someone is a member of this association by going to www.hrpa.ca.  Just check their name under the listings and you will know for sure.  The CCHRA issues the exams and the HRPA issues the designations which HR professionals value highly - their C.H.R.P.  You can also find out if an individual has this designation on HRPA's web-site.  This gives you confidence that the individual you are considering hiring as an employee or as a consultant really meets the Canadian and Provincial standards set out by their regulating body.  It doesn't mean that they are perfect or know everything as there are so many specialists within the HR community.  But - it should be a qualification that you definitely need to be aware of and look for.  It is a long, hard road to achieve this designation - therefore, respect the education and experience that those have earned.
Joy Vas, CHRP

Balancing Act: Internet and Social Media Use At Work

                      With social media outlets such as Facebook and Google+ being so popular and things like fantasy football leagues becoming a staple for many during the winter months personal computer use and even online shopping and banking are inherently going to creep into your employees minds, especially with the ease of receiving email updates on smartphones and wireless internet available nearly everywhere now. So this brings up the question of how employers should address this issue. Is it something that’s been constantly eating away at productivity, is it merely a minor distraction or is it even an issue at all. As the employer you have to ask yourself is it a problem worth addressing? what will the reaction be? And what is the best case scenario or improvement that could come of banning these distractions all together? In doing some online reading reports have suggested ideas on both sides of the spectrum; employees personal internet use is taking up hours of time each day and others saying that yes internet use is common in the workplace but productivity is almost no lower on account of that. My take is distractions are going to creep into the workplace in most cases, internet use is just one of these. Extended lunch breaks, chatter amongst employees and at times foolish games or pranks invented to add a bit of flavour to a sometimes mundane day are common at work. Taking away personal computer use, the one contact they may have outside of work in an 8-10 hour day could cause some unrest with your employees, especially the younger generations who are seemingly tapped into their network of friends, online social groups and hobbies at all times. My opinion is don’t impose a policy eliminating this practice altogether because internet use for personal interests is going to happen. I would encourage employees to do this on their breaks, lunches and at home as much as possible and suggest if it becomes a problem then some disciplinary or internet limiting policies may find their way into the workplace as a result of low productivity. What are your thought on the topic?

Occupational Health and Safety: Your Thoughts?

                The Ontario government seems to release changes to the Occupational Health and Safety Act more often than even the most astute followers of this legislation can keep up with and certainly faster than most business owners can or even care to keep up on. I sometimes wonder if these changes are a) necessary b) valuable and c) followed. What I’ve gathered is that most small business owners give only a fleeting thought to the Health and Safety laws in Canada and it’s not because they don’t care about the objectives set forth in the legislation or the safety and welfare of their employees. In fact in most cases I’ve seen the opposite; most employers are good, morale people who would hate to see anyone seriously injured or in the worst case scenario die on the job but really just don’t see the need for the in depth policy and procedure stipulations set forth in the OHSA. There are many reasons these laws aren’t followed to the letter. A couple common reasons are that, “I’ve never had a serious injury before and if one ever does occur I’ll deal with it then” OR, “my salespeople/office workers aren’t in danger and imposing these laws and rules are time consuming and costly, besides MOL inspectors are rarely around and I’ve told everyone here to work safely”. My questions are - how seriously do you take the OHSA? Do you feel it actually protects workers from injury? Is it an easy enough to implement in your workplace? Do you think the government provides enough resources for you to follow the OHSA or do you think outside help from H&S specialists or HR professionals would be beneficial?

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