Canadian Occupational Safety

June/July 2015 9 'Proof problems' in online training compromising safety education Identity verifi cation, proctoring put to the test in recent case M any organizations are moving towards online training as the main method of educating their people in safety expectations. There are several reasons for this technology shift. Online training allows for greater fl exibility in terms of scheduling, improved consistency of the content and it can be much more cost-effective when dealing in economies of scale. Operationally, online training makes a lot of sense for many organi- zations. However, in moving towards online education, organizations should keep in mind two basic "proof problems" arising from online safety training, both of which can affect the strength of the due diligence defence of the employer. The fi rst problem involves identity verifi cation, namely, how does the organization prove the person taking the training is the same person registered for the training? The second involves proctoring, that is, how does the organization prove the person taking the training was paying attention and not cheating? The TV series Suits illustrates the identity verifi cation problem. The main character in Suits, Mike Ross, is a brilliant young man with a photographic memory and an "off- the-charts" aptitude for taking tests. As a student, he gets caught cheating on a math test, loses his scholarship and fi nds himself on the streets of New York City, working as a bicycle messenger and supplementing his income by writing the Law School Admission Test (LSAT) for other aspiring students who struggle with the test. In Suits, Ross disguises himself for the LSAT and provides fake identifi - cation. He enters the examination room pretending to be someone else and writes the exam for that person. He clearly would go to jail if caught. While the show does not involve online training, it demonstrates a universal problem for any kind of training where knowledge must be demonstrated: Protecting against people who will cheat the system for their own advantage. The Alberta case of R. v. Rose's Well Services Ltd. provides an example of both the identify verification and proctoring problems. In this case, the employer was convicted of occupational health and safety offences after two workers were badly burned in a fi re while off-loading hydrocarbons from a tanker truck. The workers were fi lling a metal storage tank from their tanker truck when fumes from the process were ignited by the engine. The driver had parked the tanker truck too close to the metal storage tank and the engine provided the ignition source for the fumes that had gathered. The employer, as part of its due diligence defence, called evidence that its employees had taken the Petroleum Safety Training (PST) course offered by Enform. This was an online training program that provided basic safety training for workers in the oil and gas industry and while not directly on point in terms of the fi re in question, it was a component of the health and safety management system used by the employer. In that case, the driver of the tanker truck testifi ed he had h elped his co-workers through the online training program and had even answered the exam questions for many of them. Needless to say, this came as a surprise to the defendant employer that discovered this fact at trial. The employer had naively assumed the training it was paying for was being taken by the employees intended. In effect, the driver and his co-workers circumvented the intent and purpose of the training and denied the employer any return on that safety investment. At the time, there was no identifi cation method used to ensure the identity of the person taking the exam nor any proctoring system of the exam to stop such behaviour. There are economical solutions to these "proof problems." An example of an organization using technology to address these problems is the International Competency Assessment Board (I-CAB). It uses computer software that automatically verifi es the identity of the person using face recognition technology and monitors the assessment using algorithms designed to identify cheating. It sounds much like science fi ction but technology has advanced this far. The program automatically stops the assessment if certain thresholds are met. While no system is perfect, I-CAB demonstrates the proof problems are not insurmountable and can be done economically and for different types of organizations. The incentives to cheat the system are signifi cant, as safety performance becomes a competitive differentia- tor for employees and companies. Organizations providing online training should be aware of the proof problems involved. Organizations considering participating in such training should ask about the meth- ods used to address these problems. It is a fair question given the high stakes involved, as the Rose's Well Services case aptly demonstrates. In addition, some organizations are already recognizing the scope of the problem and the challenges inherent in web-based training. For example, the Industrial Occupational Health and Safety Association of Alberta is developing a best practices guideline for online training programs, to be available this year. David Myrol is a partner at McLennan Ross in Edmonton and chair of the fi rm's occupational health and safety practice group. He practices exclusively in occupational health and safety law and defends companies and individuals facing OHS, environment and other regulatory charges. He can be reached at (780) 482-9290 or dmyrol@mross.com. PEOPLE&PLACES DAVID MYROL TRAINING & DEVELOPMENT DAVID MYROL DEVELOPMENT PEOPLE&PLACES More than ever before modern and forward-looking companies are focusing on health and safety at work as this results in motivation, productivity and ensures success for the company. Discover the latest developments in the following sectors from some 1,800 exhibitors from around the world: > Personal protection > Safety at work > Health at work Focus on safety with A+A 2015! www.aplusa.de/erleben With good reason. Experience the world's leading trade fair live! Safety, Security and Health at Work International Trade Fair with Congress www.AplusA-online.com 27 th – 30 th October 2015 Düsseldorf, Germany 2015-05-05 A+A 2015_Kanada_Allgemein_108 x 184_Canadian Occupational Safety_4c_4124 Canadian German Chamber of Industry and Commerce Inc. Your contact: Stefan Egge 480 University Avenue _ Suite 1500 Toronto _ Ontario _ M5G 1V2 Tel.: (416) 598-1524 _ Fax: (416) 598-1840 E-mail: messeduesseldorf@germanchamber.ca For Travel Information: LM Travel /Carlson Wagonlit Tel: 1-888-371-6151 _ Fax: 1-866-880-1121 E-mail: ahoule@vovagelm.ca

• Cover