Manitoba Growth, Enterprise and Trade, AKA the Workplace Safety and Health Branch has completed publishing enforcement activities for 2018. We summarize them here for convenience sake and with the hope that you will review and share with your stakeholders to prevent similar incidents occurring in your workplace.
STOP WORK ORDERS
Reference MR W201/02 36(1) A safety and health officer may issue a Stop Work Order when:
- They are of the opinion that activities posing an imminent risk of serious injury are or about to be carried on.
- An improvement order previously issued was not remedied.
Powers of a Safety and Health officer; they can demand:
- The cessation of the activities at the location in question and across ALL other workplaces operated by the same employer.
- That all or part of the workplace be vacated.
- That no resumption of the activities be permitted by the employer.
|2018 STOP WORK ORDERS BY INDUSTRY||TOTAL NUMBER OF STOP WORK ORDERS ISSUED = 365|
|Construction||253||Fall Protection Systems||129||Confined Spaces||5|
|Manufacturing||45||Serious Incident||47||Personal Protective Equipment||4|
|Retail||27||Scaffolds/Other Elevated Work Platforms||34||Chemical and Biological Substance||4|
|Ag||12||Excavations||28||Failure to comply Orders||3|
|Mines||7||Machines, Tools and Robots||23||Work in the Vicinity of Overhead Electrical Lines||2|
|Public Admin||5||Asbestos||12||Powered Mobile Equipment||2|
|Education||5||Demolition||11||Working Alone or in Isolation||1|
|Transportation||3||Cranes and Hoists||11||Harassment||1|
|Health Care||3||Electrical Safety||9||Ground Conditions||1|
|Other||2||Entrances, Exits, Stairways and Ladders||8||Fire and Explosive Hazards – Hot Work||1|
|Vehicular and Pedestrian Traffic||5||Blasting Operations||1|
|Duties of Employers/PC||5||Air Quality and Ventilation 1||1|
Reference MR W201/02 53(1) An Administrative Penalty to a maximum of $5000 may be issued to a company / person when they have:
- Failed to comply with an improvement order by the due date OR failed to maintain compliance after initially complying.
- Failed to comply with the provisions of the Act or Regulations and a safety and health officer is of the opinion that the failure involves, or is likely to involve, an imminent risk of serious physical or health injury to a worker or other person.
- Resumed an activity that previously was the subject of a stop work order which was discontinued because the person had complied with it.
|Manufacturing||Chemical & biological substances||$1,000|
|Manufacturing||Chemical & biological substances||$2,500|
|Construction||Failure to comply – Fall protection systems||$2,500|
|Manufacturing||Failure to maintain compliance – Machine Guarding||$2,500|
|Retail and Services||Failure to maintain compliance with IO||$1,000|
|Retail and Services||Fall Protection||$2,500|
|Construction||Fall Protection – Guardrail Systems||$2,500|
|Manufacturing||SWP – Lock out – Safety Precautions.||$2,500|
|TOTAL ADMINISTRATIVE PENALTIES||$24,500|
CONVICTIONS AND PENALTIES
Reference MR W201/02 54/55 A penalty may be issued to very person who:
- Contravenes the Act or regulations.
- Fails to comply with an order made under the Act or regulations.
- Knowingly obstructs or makes a false statement to a safety and health officer.
- Knowingly makes or causes to be made a false entry or deletes an entry in any register book, notice or other document to be kept by him/her under the Act or the regulations.
A person guilty of an offence can be fined to a maximum of $250,000 per offence. In the case of a continuing offence to a maximum of $25,000 for each day during which the offence continues.
A person guilty of a second offence can be fined to a maximum of $500,000 per offence. In the case of a continuing offence to a maximum of $50,000 for each day during which the offence continues.
In addition, a person can be imprisoned for a term not exceeding six months.
|INDUSTRY||FINE AMOUNT||CONTRAVENTION||PAIN & SUFFERING|
|Mining||$124,000||Eyewash facilities||Permanent eye injury|
|Manufacturing||$57,500||Machine Guarding||Amputation of all 5 digits on his left hand|
Failing to notify of a serious incident
|18 yr old – amputations of his left middle and index fingers and crushing injuries to his left ring finger|
|Manufacturing||$27,650||Machine Guarding||Lacerations to the worker’s index and ring fingers and the partial amputation of the worker’s middle finger|
|Manufacturing||$87,500||Hydraulic energy (Lockout)||Crushed – Fatality|
|Manufacturing||$10,075||Failing to notify of a serious incident||Serious Injury from exploded barrel|
|Education||$31,000||Machine Guarding||High School Student – Hand Injury|
|Construction||$4,000||Hazard Assessment – Excavation||2 Hydro workers and home owner injured. 2 homes destroyed|
|Construction||$5,000||Scaffold collapse||Serious Injures from 9 ft fall – scaffold collapse|
In most every instance, human behavior including how people think and act (skill, habits, choices etc) are a major contributing factor to unsafe conditions and serious incidents. Establishing a strong safety management system is required to change behaviours. It consists of:
- Setting clear standards in writing – must be practical and meaningful.
- Training employee on the standards – must connect their head to their heart (Whats in in for ME).
- Holding employees accountable to the standards – because you care enough to confront and hold people to a higher standard of care from themselves, others and the company itself.
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—Michelle, CAO, RM of Pipestone
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