Canadian Occupational Safety

December/January 2015 7 Faculty of Education Centre for Adult Education and Community Outreach Faculty of Education Centre for Adult Education and Community Outreach Open season for illness in open-concept offi ces By Liz Foster E mployees working in open-concept offi ces take 70 per cent more sick days than their counterparts working in isolation, found a survey by Canada Life Group Insurance. In 2013 employees who worked from home took an aver- age of 1.8 sick days while workers in open-concept offi ces took 3.1 sick days, found the survey of 918 people in the United Kingdom. The move towards a more collaborative working environ- ment means employees are working in closer proximity than ever before and, along with the mingling of personal and shared belongings, this is further increasing their chances of becoming ill. "Generally, respiratory infections spread by either being within two metres of somebody — being close enough that someone could cough or sneeze on you — or through con- tact with the environment," said Bryna Warshawsky, public health physician for Public Health Ontario in Toronto. "So if I coughed into my hand and touched a surface, someone else touching that surface throughout the day would be at risk of introducing that infection into their mouth, nose and eyes." Warshawsky recommends frequent hand washing and regular disinfection of shared work spaces. Stress can also increase the likelihood of catching a cold, and 28 per cent of workers in open-concept offi ces reported their working environment causes stress, compared to just fi ve per cent of their work-from-home counterparts. According to the Canadian Mental Health Association, the body releases adrenaline immediately after recognizing stress, resulting in increased heartbeat and breathing. If the source of stress is not eliminated, the body begins to release stored sugars and fats from its resources. This can lead to exhaus- tion, anxiety and memory loss as well as make the body more susceptible to infection in the form of colds and the fl u. If the stress remains unresolved, the body can become chronically stressed, which can lead to insomnia, errors in judgment and personality changes. It also puts employees at greater risk of heart disease, ulcers and mental illness. Earlier this year, Saskatchewan made changes to its workplace laws, including health and safety, and amendments include more protec- tions for interns and learners in the workplace. Other jurisdictions see unpaid workers fall somewhere within a range of protections, which can include capturing them under the statutory defi nition of "employee" or "worker" or through a broad interpretation of the legislation. For example, in Quebec, "worker" means a person, including a student, who carries out work for an employer — with or without pay. In British Columbia, the defi nition of worker is broad enough that it covers unpaid workers and learners on the job. Nova Scotia's OHS legislation puts a general duty on employers to ensure the safety of all people in the workplace, and any OHS complaints are followed up on, regardless of whether the worker is paid or not. On Nov. 25, a private member's bill was re-introduced in the House of Commons that would amend the defi nition of "employee" in the Canada Labour Code to include those receiving training, with or without remuneration, and would apply to all federally regulated industries. The bill, An Act to Amend the Canada Labour Code (Unpaid Training), was originally introduced in June, but stakeholders had said it wasn't clear enough on protections for co-op students. Another encouraging sign, Seaborn said, is the latest report on youth employment from the Standing Committee on Finance, where the federal government adopted a recommendation to work with the provinces to amend each jurisdiction's relevant labour codes to ensure protections for unpaid interns. For employers across all jurisdictions, the ambiguity of the legislation can be dangerous, said Langille. If an unpaid worker is injured or dies on the job, there's always going to be recourse to the courts, he said. Langille suggests companies begin treating unpaid workers as future talent they are developing, and consider the programs they come from as a recruitment or onboarding tool. Ultimately, they would be simply considered new employees, said Langille. "Which is what they would be in a country that was actively looking out for the rights of young workers." Alberta premier wants more research on farm safety By Amanda Silliker A lberta Premier Jim Prentice may consider extending occupational health and safety legislation to farm workers at large-scale cor- porate farming operations — but he is still unconvinced. Speaking on a CBC radio show, Prentice said he needs to see more research and debate on the issue. Currently, Alberta is the only province to exclude agricultural workers from its occupa- tional health and safety legislation. Only operations that are involved in the primary production of agricultural products (producing crops, raising and maintaining ani- mals or birds and keeping bees) are excluded. Those involved in the processing activities are covered by the Occupational Health and Safety Act (OHSA). However, excluded farm workers account for about 98 per cent of Alberta's farm workers, according to Statistics Canada. There have been 306 farm-related fatalities in Alberta from 1997 to 2013, according to the province's Farm Safety Centre. Labour groups have been trying to convince the government to amend the legislation for years, but to no avail. "There shouldn't be any industries exempted from basic workplace safety regulations. Period," said Alberta Federation of Labour president Gil McGowan. "Agricultural workers deserve more than empty talk, they deserve action." New research from the University of Cal- gary might help their case. Students in Jennifer Koshan's constitutional clinical class conducted extensive research of labour laws and found excluding workers — including agricultural workers — from occupational health and safety legislation violates the Canadian Charter of Rights and Freedoms. "It means that they do not have a right to know about workplace hazards. They have no right to refuse unsafe work, and their employers do not have to ensure that their health and safety is a pri- ority," wrote Koshan's students on the university's faculty of law blog. "Overall, their exclusion from OHSA protection means that they are more likely to be injured or put at risk at work." Farm workers are faced with a variety of haz- ards, including hazardous chemicals, heavy machinery, long hours, physically demanding work, repetitive tasks and working alone. To help reduce farming injuries and risks, the Canadian Agricultural Safety Association (CASA) has launched a new online tool that gives farm- ers an opportunity to express their concerns about possible hazards with farm equipment. The "Speak Up For Safer Equipment" tool is intended to provide a way for farmers, manufac- turers and standards organizations to talk about safety concerns with agricultural equipment manufactured within the past fi ve years. Once a farmer has fi lled out the online form, CASA will review the safety concern and either forward the issue directly to the appropriate manufacturer or, if the concern is a universal issue, forward it to the CSA Group.

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