Labour inspections raise owners' ire.

Some Timmins area business owners say they feel they are being treated unfairly, some say to the point of "harassment," by Ministry of Labour (MOL) inspectors conducting on-site inspections.

Sawmill owner John Kapel Sr., president of Little John Enterprises, says the conduct and procedures of some of the local ministry inspectors are unprofessional and inconsistent. In turn, their behaviour creates an "atmosphere of paranoia in the work environment," he says. "Governments are supposed to be there to help you, not make life difficult. We've never had these kinds of problems before."

Kapel, who has run a value-added wood operation for over 20 years and has maintained a clean safety record, took his concerns to the Minister of Labour. He received a letter from the deputy minister, Paavo Kivisto, stating sawmills are considered "high risk" and that the inspectors were doing their job. Kapel was encouraged to call Timmins program manager Dan Wood.

When asked to speak on this issue with Northern Ontario Business, both the deputy minister and Minister Steve Peters declined. Wood also refused to discuss the topic.

Western regional director Sophie Dennis, who oversees the code of professionalism for the ministry, could not comment on specific cases, but says every complaint is taken seriously, from its genesis to its end.

"Depending on the nature of the complaint, we'll do a review and take appropriate steps to make sure it doesn't happen again, or we get back to the client and tell them we have reviewed it and there doesn't seem to be any substantive evidence to the complaint."

She added that it could begin or end with the manager, or it could go to the director or to someone outside of the region.

From eight interviews conducted by Northern Ontario Business, with area business owners, some issues raised include inspectors:

* screaming at employees;

* speaking to them in a condescending manner;

* failing to consult with employees;

* nitpicking;

* being inconsistent in defining terms;

* providing no information when an order was given;

* giving unreasonable time frames to comply with orders.

Overall, six of the eight people interviewed said they were frustrated with the lack of respect and consideration shown. Others said lost production time during an inspection added to that frustration.

Formal training for the code of professionalism and conduct is mandatory for all officers, receptionists, clerical staff, directors and managers, Dennis says.

"In that training, they have received not only what the elements of that code require, but also the expected behaviours on how to meet the code's intent," she says.

The ability to handle labour/management issues, including conflict resolution is one expectation. Having respect, knowledge and competency are three others.

Since the MOL's July 2004 enforcement initiative to hire 200 more safety inspectors, business owners have experienced an aggressive safety inspection campaign.

According to ministry spokesperson Belinda Sutton, inspectors have been deployed across the province to annually target 6,000 high-risk companies with the highest lost-time injury rates and insurance claim costs. The joint effort with the Workplace Safety and Insurance Board (WSIB) was established in order to reduce lost-time injuries by 20 per cent over four years.

"These companies account for 10 per cent of workers insured by the WSIB, 27 per cent of severe injuries, and 36 per cent of injuries to young workers," Sutton says in an e-mail response.

It would appear the new mandate is working. Sutton says they planned for 3,000 reductions in lost-time injuries for the last fiscal year. The results were 41,000 less injuries, 137 per cent of their target.

"Previously, most of the work done by inspectors was reactive," she says. "That is, they went to workplaces when a problem arose. Their work was not targeted to the most high-risk workplaces."

In 2003, there were 30 construction-related fatalities recorded in Ontario. It was the highest one-year total in more than a decade. All sectors experienced a combined 100,000 lost-time injuries and 185,000 return-to-work injuries, according to a MOL news report. It became former minister Chris Bentley's mandate to improve high-risk workplaces' health and safety performance. Now, targeted places may receive a minimum of four unannounced visits per year.

All area business people would probably agree safety is a high priority and workplace injuries/claims are not advantageous because they increase insurance rates and cost the company in lost productivity. However, some say the lack of professional conduct by the inspectors has created an emotional hornet's nest among small business owners and their employees.

Along with Kapel, Normand Verville, owner of Verville Enterprises Ltd., is concerned about the tension it creates among his employees. He is concerned the added stress may actually cause more accidents.

He says the relationship with the employer and ministry is becoming destructive because of the treatment he has received.

"The human relation is not there," he says. "There is no respect or communication."

Denis Turcotte, foreman and 20-year employee of Little John Enterprises, says he is frustrated because their knowledge and experience in the industry is not considered.

"We know how the equipment operates and we know what is safe," he says. "When you try to explain to them (the inspectors) that you can't do it that way, or someone will get hurt" it falls on deaf ears.

One such example is a trimmer saw the mill uses to trim the ends on the boards. They were told to enclose the guard better, but the ministry's modification made the saw more dangerous because pieces of wood jammed between the blade and guard and flew out in unpredictable directions.

Turcotte says he took the guard off because it was too dangerous. At a later date, the inspector agreed.

Kapel added that when the inspectors come in, they also lose valuable production time.

"In a sawmill, each employee is like a link in a chain," he says. "If you take one of those links away, everything stops."

Small businesses (those with fewer than 100 employees) make up almost 98 per cent of businesses in Ontario, according to a Dec. 2004 Industry Canada report. With that in mind, Kapel and Verville's sentiment is that if these types of inspections continue, entrepreneurs will not only be discouraged from starting a business, but employees will avoid assuming safety representative and supervisory roles for fear of reprisal and/or potential fines slapped against them.

Dennis, a 26-year veteran in the ministry who began as a safety inspector, knows enforcement can be a difficult job and depending on the situation, "emotions can get pretty hot.

"When we're asking people to meet a minimum standard, sometimes there is great debate about what that should be, particularly when you are talking about health and safety legislation."

She adds they are always open to suggestions.

www.labour.gov.on.ca

By ADELLE LARMOUR

Northern Ontario Business