New Anti-Harassment and Violence Obligations for Federally Regulated Fleets

Many fleets in our employer community have been following developments surrounding Bill C-65 – a piece of federal legislation that amends the Canada Labour Code by introducing new guidelines on how harassment and violence can be prevented in the workplace, and how to address it if and when it occurs. While Bill C-65 received Royal Assent in 2018, specifics surrounding employer obligations and compliance timelines remained to be confirmed. But as per recent updates, there is now new information surrounding detailed requirements that federally regulated employers will have to meet.

On June 24, 2020, the federal government published the Work Place Harassment and Violence Prevention Regulations. The new framework will apply to the federally regulated private sector as of January 1st, 2021. Transportation companies that provide international and interprovincial services are regulated by the federal government and are therefore subject to these updates.

New rules will thus soon come into effect that will increase employers’ responsibilities in matters of workplace health and safety. The new Regulations set a framework of obligations centered on three elements: the prevention of workplace harassment and violence, the delivery of a timely and effective response to incidents, and the provision of support for affected employees. Based on these three pillars, the new Regulations bring changes in the following main areas:

  • Workplace harassment and violence prevention policy
    • Employers will be required to make available a workplace harassment and violence prevention policy that aligns with new Regulatory requirements.
  • Workplace assessments
    • Employers will have to conduct assessments that identify risks of harassment and violence in the workplace and implement preventative measures to protect the workplace from these risks.
  • Emergency procedures
    • Employers will be required to develop emergency procedures to be followed in situations where an occurrence of harassment and violence poses and immediate danger to the health and safety of an employee(s).
  • Training
    • Employers will be required to identify and develop harassment and violence training and ensure it is delivered to all members of the organization, including to employers themselves but also to employees, and to the designated recipient of harassment and violence complaints in the workplace. Training will need to align to specific guidelines proposed under the Regulations, and will be delivered once every three years, including in the onboarding of new employees.
  • Support measures
    • Employers will be required to make information available regarding support services that employees may access should they experience an incident of workplace harassment and violence.
  • Resolution process
    • Employers will be required to respond to every notification of an occurrence of harassment and violence in their workplace, but also to structure their response around a more detailed web of specific requirements (including prescribed timelines, processes, and procedures).
  • Records and reports
    • Employers will be required to keep records relating to harassment and violence in their workplace. They will also be required to submit annual reports to the Minister, as well as report on any fatalities that occur as a result of workplace harassment and violence.

It is clear from the above that the new Regulations will require major adjustments to policies, programs, and processes for many employers. Given new requirements, it is important for both employers and employees to understand the nature of these changes and how it will impact them and their workplace.

Trucking HR Canada is committed to providing trucking sector-specific resources to support the needs of the industry in adapting to these new changes. Central amongst these tools will be a bilingual suite of online and in-person training modules for employers, employees, and designated recipients of workplace harassment and violence complaints. Pamphlets that clarify employer and employee rights and obligations will also be made available, in addition to other forthcoming resources centered on best practices in workplace anti-harassment and violence. These supports will be made available in time for the January 2021 entry into force of the Regulations – follow our website and social media channels to find out more.

Source: https://truckinghr.com/new-anti-harassment-and-violence-obligations-for-federally-regulated-fleets/


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News Release: Campaign Urging Drivers to Slow Down and Pay Attention at Cone Zones

In the last decade, 13 roadside workers were killed and 204 injured

Richmond, B.C. (July 8, 2020) — The annual Cone Zone campaign kicks off in July to improve the safety of people working along the roadside. The campaign urges employers, workers and drivers to do their part to prevent injuries and deaths of roadside workers.

Roadside work is a dangerous job. Last year, one roadside worker died as a result of being hit by a motor vehicle and 19 were injured. Between 2010 and 2019, 13 roadside workers were killed and 204 were injured.

In the campaign’s tenth year, the RCMP Lower Mainland District Integrated Road Safety Unit is partnering with the Work Zone Safety Alliance and WorkSafeBC to raise awareness about the risks workers face while working on or alongside the road.

These risks are very prevalent in the summer months as roadside work across the province increases. Traffic levels are typically high at this time of year, and are expected to be busier this summer as many British Columbians travel within the province due to the COVID-19 pandemic.

The campaign reminds drivers to slow down when approaching a Cone Zone and to pay attention to instructions from traffic control persons, temporary road signs and traffic control devices. Every worker deserves to go home safely at the end of their shift.

In addition, under the “Slow Down, Move Over” law, drivers should be prepared to reduce speed and move over to an open lane when driving near a vehicle with flashing amber, red, or blue lights (tow, fire, police, ambulance).

As part of the campaign, a traffic enforcement blitz will occur at roadside work zones. Tickets will be issued for violations, such as speeding, disobeying a flag person, or using an electronic device while driving.

Cone Zones are work areas set up by roadside workers to protect themselves and the driving public. Road-maintenance crews, tow truck operators, first responders, municipal workers, traffic control persons, construction crews and other roadside workers all depend on drivers to respect the Cone Zone to keep their workplaces safe.

Employers have a legal responsibility to ensure the health and safety of their workers and contractors along B.C.’s roads and highways, including:

  • Ensuring their workers understand the hazards related to working at the roadside.
  • Providing their workers with training, equipment, supervision and resources to help keep them safe.

Roadside workers can work safely by:

  • Knowing how to identify hazards and assess risks.
  • Following safe work procedures, including work zone set-up and take-down.
  • Wearing appropriate high-visibility clothing and other PPE.
  • Reporting unsafe work conditions to their supervisor.

Major provincial projects scheduled and underway during the 2020 summer include:

  • Hwy 91/17 Deltaport Way Project
  • Hwy 1 Lower Lynn
  • Hwy 4 Kennedy Hill
  • Massey Tunnel Project

Quotes:

Harry Bains, Minister of Labour:

“Too often people don’t slow down when they come to a Cone Zone. You must slow down because speeding endangers the lives of those who work in traffic, including first responders, road maintenance workers or tow truck drivers. When you see a Cone Zone, slow down and help ensure those workers can return home to their families and loved ones.”

Claire Trevena, Minister of Transportation and Infrastructure:

“We’re asking drivers to slow down in the cone zone which will keep both workers and the public safe during the construction season. This summer it is expected a lot more B.C. residents will travel our roads and take advantage of the chance to explore our great province, as we are now into Phase 3. This includes the safe, smart and respectful return of travel and tourism within the province. Please respect the cone zones, slow down, and drive carefully through to keep people safe.”

Al Johnson, Head of Prevention Services, WorkSafeBC:

“We can all do our part to keep roadside workers safe in B.C. The Cone Zone campaign reminds drivers that the most important things they can do are to slow down and pay attention when approaching roadside worksites. Respecting the Cone Zone saves lives.”

Resources:

For additional statistics, access this infographic on Tableau.

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Reminder: CVSA Safe Driver Week July 12 to 18, 2020

Operation Safe Driver is a CVSA program aimed at reducing deaths and injuries involving large trucks, buses and cars due to unsafe driver behaviors.

The Alliance intends to accomplish this goal by educating all drivers about ways to share the roads safely.

The Operation Safe Driver program has two main campaigns to educate drivers.

Teens and Trucks – Our Teens and Trucks program aims to educate youth drivers about how to drive safely around a large truck or bus.
Defeat Distracted Driving – Defeat Distracted Driving is our campaign aimed at educating commercial vehicle drivers about the dangers of distracted driving and ways to avoid becoming distracted while on our roadways.
In addition, there is an annual one-week enforcement and educational blitz, Operation Safe Driver Week, that spotlights unsafe driving behaviors by both commercial motor vehicle drivers and car drivers in an effort to combat the number of deaths and injuries from crashes.

Operation Safe Driver holds activities across the United States, Canada and Mexico to increase commercial vehicle and non-commercial vehicle traffic enforcement, safety belt enforcement, and driver roadside inspections; improve driver regulatory compliance; implement commercial driver educational and awareness programs to the motor carrier population; educate youth about safely sharing the roads with large trucks and buses; and increase awareness to the general motoring public about safe operations around commercial motor vehicles.

CVSA – in partnership with the Federal Motor Carrier Safety Administration (FMCSA), state, provincial and local law enforcement, and industry – launched the Operation Safe Driver campaign in 2007 to reduce the number of deaths and injuries resulting from crashes involving large trucks, buses and cars.

Source: https://www.cvsa.org/program/programs/operation-safe-driver/

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A Business Readiness Playbook For Trucking and Logistics Employers

Trucking HR has created the following Employer Playbook to help businesses prepare post COVID-19

The past few months have been extremely challenging as organizations, in all sectors, were forced to react to COVID-19 and the associated business implications it presented. We are particularly sensitive to the fact that our industry has played a key role, as an essential service, in keeping our economy moving. This has not been without the hard work and dedication of our fleet employers and in particular, the HR professionals within our Top Fleet organizations.

Now, as businesses prepare to re-open all on-site operations, it’s important to take a planned approach so as not to jeopardize the health and safety of your workforce. At Trucking HR, our intention is to supply valuable information that informs your Human Resources policies and to provide practical and innovative HR tools. This guide offers insight into some of the important considerations that you will need to make when re-opening your on-site operations.

We hope that this guide will help lighten the burden of the unknown and provide you with guidance and direction.

Trucking HR Employer Playbook

 

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Consultation on Proposed Amendments to Part 8 of the Occupational Health and Safety Regulation

WorkSafeBC

Our Policy, Regulation and Research Division is requesting feedback on proposed amendments to Part 8, Personal Protective Clothing and Equipment, section 8.11(1) – safety headgear, of the Occupational Health and Safety Regulation. The consultation phase provides stakeholders an opportunity to share feedback prior to the proposed amendments being taken to public hearing.

All stakeholder feedback is carefully considered and analyzed, and provided to WorkSafeBC’s Board of Directors as part of their decision-making process

https://www.worksafebcmedia.com/enews/prrd/200630-part8/200630-part8.html

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Helping Truck Drivers Keep on Trucking During COVID-19

Organizations and individuals are coming together to support the “Highway Heroes” delivering the essential goods we rely on during the COVID-19 pandemic.

Please take a moment to think about how much we rely on commercial truck drivers — especially during the COVID-19 pandemic as they deliver our groceries, medical supplies, and so much more.

But truck drivers’ jobs have gotten tougher as more and more businesses along their routes have shut down. With so many businesses closed, it’s been hard for drivers to get food at their usual places. In response, a group of B.C. business owners and the BC Trucking Association (BCTA) launched the Meals for Truckers program on April 20. Its goal is to ensure that commercial truck drivers have the resources and support they need to continue doing their jobs. The program points drivers to food truck locations where they can pick up a meal, as well as find restroom facilities, truck-friendly hotels and motels, and other resources.

I spoke with Dave Earle, president of the BCTA, who described how successful the program has been.

“When you think about where we are today, compared to the problems we were having in the first two weeks, when drivers were unable to find food anywhere, it’s been absolutely remarkable,” Dave says, adding that the vast majority of the meals have been at no charge to truckers.

A number of corporate sponsors have stepped in and paid food truck owners to fund meals. So have private individuals. (See sponsorship opportunities for more information if you’re interested.)

Not only does this service benefit truck drivers, it’s also good for food truck operators. Many are looking for new opportunities after losing business from cancelled festivals and events.

Says Dave: “They’re the smallest of small businesses and we have so many of them throughout the province. Now they can sign up on our website and we’ll work to find them a site. We want to help them get involved.”

Keeping truck drivers safe as well as fed
In addition to feeding drivers, industry has been brainstorming ways to protect them, since they can potentially encounter a lot of people. Using electronic signatures and other virtual technologies are among the solutions for minimizing contact between truck drivers and workers at companies when products are picked up and dropped off.

“We have been getting the industry together to come up with some best practices and solutions to solve the day-to-day issues that have come about as a result of COVID-19,” says Suki Singh, a transportation OHS consultant with WorkSafeBC. “Drivers need simple protocols on how to reduce touch points, keep them safe, and make things easier.”

Suki worked with the BCTA and SafetyDriven to create the COVID-19 Safe Drivers Communication Tools Package. It offers resources for helping trucking companies and their customers communicate about their new safety protocols and processes.

“It’s been tough but the industry has come together to try to help in as many ways as they can,” says Suki, describing the growing support he has seen in communities throughout the province. “I think it’s good how humanity seems to have come to the forefront again. People are saying: ‘You know what? I’m in a difficult spot, so is somebody else. What can I do to help?’”

Learn more about individual Highway Heroes honoured on the Meals for Truckers website, and nominate your own Highway Hero in your family or community.

Source: https://speakingofsafety.ca/

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Long Road to Recovery for BC Goods and Passenger Transporters

Langley, British Columbia—Statistics the BC Trucking Association (BCTA) has gathered for May 2020 indicate that all members surveyed – trucking and motor coach companies and the suppliers and service providers supporting them – don’t expect to return to pre-COVID-19 business levels for another 10 to 11 months and longer for motor coach companies, who expect to face up to another 20 months of recovery from the harsh changes imposed by the pandemic. Some may not make it that far.

BCTA conducted a third COVID-19 Impact Survey of its members between May 27 and June 9, focusing on data for May 2020, following surveys for March and April. In this latest survey, looking only at the next three months, 92 percent of motor coach company respondents indicated they are concerned about the survival of their business (an increase of 7 percent over April). For trucking, 32 percent of respondents are concerned about survival (a decrease of 5 percent) and for suppliers, the number of respondents concerned for survival in the short term has risen by 7 percent since April, to 25 percent overall.

“The majority of our members support government measures to deal with COVID-19, things like closing the border and following stringent health protocols to keep drivers and customers safe,” says Dave Earle, BCTA president & CEO. “What BCTA is looking at now is how to address changes to operations and find ways to help companies survive until BC’s economy starts to recover. Our own concern is that business will take longer to rebound than we’d like, putting some BC road carriers in jeopardy.”

BCTA’s motor coach members, in particular, have good cause to worry about fallout from the pandemic. BC as yet has no date for a return to international travel, concerts, or conventions, the lifeblood of seasonal support operations like charter coach services. Trucking companies are affected by steep drops in retail sales, housing starts, exports to the US and imports from China and other global supply chain members.

Results of the third COVID-19 Impact Survey indicate that:

  • Trucking companies have, on average, experienced a 23 percent drop in revenue, a slight improvement of 7 percent from our previous survey in April, when revenue fell, on average, by 30 percent;
  • Motor coach companies saw an average 97 percent drop in revenue, a slight increase over April (about 1 percent); and
  • Suppliers and service providers realized a 39 percent drop in revenue, a further 3 percent drop compared to April.

As employers, BCTA members are also struggling to keep staff working, and layoffs continued through May, in spite of government wage subsidy and other programs:

  • For trucking companies:
    • In April, 53 percent reported an average 22 temporary layoffs per company, and 24 percent reported an average of 2 permanent layoffs.
    • By May, 54 percent reported 9 temporary layoffs per company and 21 percent reported 2 permanent layoffs.
  • For motor coach companies:
    • In April, 92 percent reported an average of 41 temporary layoffs, with 15 percent reporting an average of 17 permanent layoffs.
    • For May, 83 percent reported an average of 42 temporary layoffs, and 8 percent reported an average of 5 permanent layoffs.
  • For suppliers and service providers:
    • In April, 40 percent of respondents reported temporarily laying off an average of 34 employees, and 7 percent reported permanent layoffs of an average of 11 employees.
    • For May, 42 percent of employers temporarily laid off an average of 21 employees, while 16 percent permanently laid off an average of 27.

BCTA is assisting our members by developing health protocols and guidance for the use of personal protective equipment (PPE), approved by the Provincial Health Office, to ensure that our trucking and motor coach members are equipped to effectively address working within parameters imposed by COVID-19. Until supplies of PPE improved, we obtained and distributed thousands of bottles of hand sanitizer to our members at cost, as well as non-medical face masks for truck drivers and other employees. While charter bus services will depend on a return to travel options and demand, they also face, more than trucking, the need to build consumer confidence.

BCTA continues to keep members informed about government programs available to assist businesses, including loans (including for commercial rent), wage subsidies, and payment deferrals. With the Canadian Trucking Alliance, we’re advocating changes to the Canada Emergency Wage Subsidy, so that more companies are eligible to benefit.

Background

BCTA’s third COVID-19 Impact Survey (May 2020) had a response rates of 21 percent for trucking company members and 57 percent for motor coach company members. The second survey (for April 2020) received response rates of 24 percent and 62 percent, respectively.

For suppliers and service providers among our membership, the response rate for the third survey was 18 percent (compared 23 percent for the second survey). Almost half of these respondents (44 percent) were truck/trailer manufacturers, dealers, and/or dealt with sales, service, repair and rentals. The remaining respondents included insurance, driver training schools, safety or environmental consultants, HR or employment services, financing, transportation management systems, communications, marketing or legal services.

Percentages regarding expectations for economic recovery quoted above are based on weighted averages for responses from each survey group.

– 30 –

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WorkSafeBC Deferring Quarterly Premium Payments for an Additional Quarter

Richmond, B.C. (June 8, 2020) — WorkSafeBC today announced that it is extending the deferral period for quarterly premium payments for an additional three months, without penalty or interest.
In order to ensure account balances are correct, employers will still be required to report their payroll for the first and second quarters by July 20, 2020. However, the payments for the first and second quarters will not be due until October 20, 2020, when third-quarter payments are due.
The deferral only impacts employers who are required to report payroll and pay premiums on a quarterly basis. Employers who report annually will not be impacted because they do not report payroll or pay premiums until March 2021.
WorkSafeBC recognizes the challenges many employers are facing amid the COVID-19 pandemic, and has taken several measures to support them, including:

• On March 27, WorkSafeBC announced that first-quarter premiums were deferred until June 30, 2020, without penalty or interest. Approximately 27,000 employers in the province opted to take advantage of the premium-deferral measure.
• On May 26, WorkSafeBC announced it was waiving premiums on wages paid to furloughed workers of employers receiving the Canadian Emergency Wage Subsidy. This change was retroactive to the March 15, 2020 start date of the CEWS and will continue for the duration of the program.

Preliminary Base Premium Rates for 2021
WorkSafeBC is postponing the release of its 2021 preliminary rates — and the associated rate consultation sessions — until the fall of this year.
The release of the preliminary rates and consultation sessions were originally scheduled to occur in July, but WorkSafeBC has determined that additional time is required due to the economic uncertainty resulting from the COVID-19 pandemic.
The additional time will provide a better perspective on the prospects for the investment markets and the economy, which is required to complete the year-end forecasting, an integral element in determining next year’s rates.

About WorkSafeBC

WorkSafeBC engages workers and employers to prevent injury, disease, and disability in B.C. When work-related injuries or diseases occur, WorkSafeBC provides compensation and support to people in their recovery, rehabilitation, and safe return to work. We serve approximately 2.4 million workers and 245,000 employers across B.C.

For more information, contact:
Media Relations, WorkSafeBC
Email: media@worksafebc.com
Tel: 604-276-5157

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Adding Diseases Caused by Communicable Viral Pathogens, Including COVID-19, to Schedule 1 of the Workers Compensation Act

Source: WorkSafeBC

The Policy, Regulation and Research Division is releasing a discussion paper on adding diseases caused by communicable viral pathogens, including COVID-19, to Schedule 1 of the Workers Compensation Act with options and draft amendments to stakeholders for comment.

If a disease is identified in Schedule 1 and the worker was employed in the corresponding process or industry listed in the Schedule, then WorkSafeBC presumes the cause of the disease is work-related, unless the contrary is proved.

Proposed deletions are identified with a strikethrough and additions are identified in bold.

Discussion paper

There are a number of ways for stakeholders to provide feedback on the options and draft amendments:

(a) Comment link: Through the Comment link below, you will be able to provide immediate feedback by completing an online submission form.

Please note: Once you click the “submit” button at the bottom of the form you cannot access it again to make additional comments. Therefore, if you wish to make detailed comments in the feedback section, you may want to draft your comments using a word processing format and then cut and paste them into the submission form.

Comment

Alternatively, submissions can be submitted as follows:

(b) Email: policy@worksafebc.com
(c) Mail: Louise Kim
Senior Manager
Policy, Regulation and Research Division
WorkSafeBC
P.O. Box 5350, Stn. Terminal
Vancouver BC V6B 5L5

The consultation period for this item will end at 4:30 p.m. on Friday, June 12, 2020 (consultation has been expedited and will end on June 12th, in order for the Board of Directors to consider the proposed amendments at its July meeting). The Board of Directors will consider stakeholder feedback before making a decision on the draft amendments.

Please note that all comments become part of the Policy, Regulation and Research Division’s database and may be published, including the identity of organizations and those participating on behalf of organizations. The identity of those who have participated on their own behalf will be kept confidential according to the provisions of the Freedom of Information and Protection of Privacy Act.

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Labour Program Hazard Alert: Workplace Hazardous Materials Information System (WHMIS) – Temporary changes Related to COVID-19

Temporary changes and legislative requirements

In order to address a possible shortage of cleaning supplies containing chemicals effective against the COVID-19 virus in Canada, Health Canada has put in place an interim policy that will allow quicker imports of products from the United States (U. S.).

Continue to read full announcement.

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