Presented at FMC's Employment and Labour Seminar: Occupational Health and Safety in Vancouver, this presentation addresses the public concern for safety in the workpalce. Also addressed is A-1 Mushroom Substratum Ltd. and H.V. Truong Ltd. case study, problems employers are facing and recent trends in this area.

1. OCCUPATIONAL HEALTH & SAFETY
UPDATE: Recent Trends and
Developments in the Law
A Seminar for clients of Fraser Milner Casgrain LLP
Wednesday October 26, 2011
Terminal City Club
Vancouver, B.C.
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2. Public Concern for Safety in the Workplace
Jim Sinclair (BC Federation of Labour) has called for jail time for
directors of two BC companies in connection with fatalities and injuries
on a Langley mushroom farm
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3. A‐1 Mushroom Substratum Ltd. and H.V.
Truong Ltd.
• In 2008, 3 workers were killed and 2 workers suffered severe
brain damage caused by poisonous gas on the mushroom farm
• One worker still remains in a vegetative state
• Workers were asked to fix a blocked pipe in an enclosed space
• Safety training on the farm did not exist – workers who came
to the aid of their colleagues were themselves endangered
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4. A‐1 Mushroom Substratum Ltd. and H.V.
Truong Ltd. (cont’d)
• Crown laid 29 charges under the Workers’ Compensation Act
and Occupational Health and Safety Regulations
• Companies and owners pleaded guilty to 10 charges –
sentencing has not concluded
• Crown is seeking “hundreds of thousands of dollars” in fines
from all accused, but have not sought jail time
• A‐1 Mushroom Substratum Ltd. has since declared bankruptcy
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5. Vancouver Sun – October 20, 2011
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6. The Problem for Employers
• an aging population requiring greater health care
• World Health Organization predicts that depression will be the
second leading cause of disability in the world by 2020
• the estimated cost to the Canadian economy in health care
and lost productivity due to mental illness is $51 billion
• Chrysalis Performance Inc. research shows that stress in a
business may contribute up to 19% of absenteeism cost
(Burton, 2006)
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7. The Problem for Employers (cont.)
• 2010 Worksafe BC Claims ‐ $889,241,636
• 2,816,989 days lost from work in 2010 due to occupational injury, illness
and disease
• mental health is the number one cause of disability in Canada – it accounts
for nearly 30% of disability claims and 70% of total costs
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8. Days lost per worker due to illness or disability, by
province
2006 2007 2008 2009 2010
Both sexes
number of days
Canada 7.6 8.1 7.9 7.8 7.4
Newfoundland and Labrador 8.2 8.2 8.2 9.9 9.2
Prince Edward Island 7.0 6.8 7.4 6.9 7.4
Nova Scotia 9.0 9.9 9.7 9.3 8.1
New Brunswick 9.7 8.8 8.9 8.6 9.1
Quebec 9.3 9.8 9.3 9.7 8.9
Ontario 6.6 7.2 7.4 6.9 6.3
Manitoba 8.1 8.7 9.1 8.3 8.5
Saskatchewan 8.7 8.3 8.1 8.2 7.6
Alberta 6.6 6.9 6.1 6.0 6.2
British Columbia 7.6 8.3 8.0 7.8 7.9
Source: Statistics Canada, CANSIM, table 279‐0029.
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9. Days lost per worker by cause, by province
2006 2007 2008 2009 2010
All causes
number of days
Canada 9.7 9.9 9.7 9.5 9.1
Newfoundland and Labrador 9.8 9.7 9.7 11.5 11.0
Prince Edward Island 8.6 8.3 8.8 8.5 9.2
Nova Scotia 10.8 11.8 11.3 11.2 9.8
New Brunswick 11.5 10.5 10.8 10.3 10.4
Quebec 11.5 11.4 10.8 11.0 10.4
Ontario 8.8 9.1 9.3 8.7 8.2
Manitoba 10.1 10.6 11.0 10.0 10.4
Saskatchewan 11.0 10.4 10.3 10.4 9.6
Alberta 9.0 8.9 8.2 7.8 8.1
British Columbia 9.4 10.1 9.7 9.8 9.3
Source: Statistics Canada, CANSIM, table 279‐0029.
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10. Occupational Health and Safety Update
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11. The preceding presentation contains examples of the kinds of
issues companies dealing with occupational health and safey
issues could face. If you are faced with one of these issues,
please retain professional assistance as each situation is unique.