Incidents of workplace violence and harassment at retail businesses are on the rise. To provide guidance and keep people safe, Workplace Safety & Prevention Services has partnered with the Ontario Association of Chiefs of Police, the Retail Council of Canada, and the Toronto Police Service to develop a “Retail Safety & Security Guide.”

This toolkit, suitable for businesses of all sizes, aims to help Ontario retail businesses prevent and reduce crime incidents and keep customers and staff safe. 

Based on consultations with retailers, security organisations and police services, and industry best practices, the guide: 

• Outlines methods to prevent and address the most common and severe forms of retail crime, including robbery, breaking and entering, fraud, and shoplifting. 
• Reviews techniques to address abusive customers, suspicious individuals, intoxicated individuals, as well as individuals experiencing a mental health crisis. 
• Provides measures to address or prevent violence in the workplace between customers or customers and staff. 
• Provides checklists and risk assessment tools to help businesses take the advice given. 

To view the guide in full, visit https://www.retailcouncil.org/retail-safety-and-security-guide-ontario/

Workplace Safety & Prevention Services

October 2024 

Two Singaporean companies who owned the ship that rammed into and brought down Baltimore’s Francis Scott Key Bridge have agreed to pay just under $102 million to settle a claim filed by the U.S. government. 

Grace Ocean and Synergy Marine will pay $101,980,000 toward the government’s costs to restore access to the Port of Baltimore and remove about 50,000 tonnes of steel, concrete, and asphalt from the channel and the vessel itself. 

The U.S. made its claim after the 300-metre-long container ship Dali, headed from the port to Sri Lanka, lost power twice and struck one of the bridge’s piers, causing it to collapse at around 1:30 a.m. on 26 March 2024. 

Six people carrying out maintenance on the bridge fell into the water and died. Two people were rescued from the river. 

The Department of Justice said that shortly after the incident, the companies sought exoneration or to limit their liability to around $43.7 million. 

The settlement does not include any damages for the bridge’s reconstruction. 

According to the Justice Department, the State of Maryland, which built and owned the bridge, has filed its own claim for damages. The bridge’s replacement is expected to cost $1.9 billion over the next four years. 

The city of Baltimore has also filed a lawsuit against Grace Ocean and Synergy. 

This is valid as of  November 2024.

Global Construction Review. 

The Swiss government has announced that revving up your engine unnecessarily, making your motorcycle roar just because it can, or emitting exhaust noise will cost you more in the future.

In a pilot project in Geneva 2023, the Federal Office for the Environment (FOEN) installed noise detection radars in certain parts of the city to measure the noise level of passing vehicles.

They recorded up to 200 vehicles per day, with some emitting noise levels of up to 117 decibels, far exceeding the limit of 82 decibels, which is the highest permissible.

Over 70% of those vehicles were motorcycles, with the rest almost evenly distributed between cars and trucks.

FOEN found these figures disturbing because “noise stresses and makes people ill,” adding that “in Switzerland, around one million people, or one in seven, are exposed to harmful or annoying noise, and road traffic is by far the main culprit.”

Acting on these findings, the Federal Council has decided to tighten certain existing regulations and increase the fines for generating “avoidable” noise pollution on Swiss roads.

The Federal Council has tightened up regulations for the relevant ordinance amendments.

To begin with, it banned noises generated by exhaust pipes of automobiles, motorcycles, and other vehicles.

Secondly, the Federal Council decided to increase the existing sanctions; for instance, the fine for running the engine unnecessarily will be increased from 60 to 80 francs.

Though the pilot project in Geneva was successful in identifying noisy vehicles, these devices will not be routinely installed in Swiss cities, or at least not yet.

That’s because “the creation of the legal bases necessary for the installation of noise radars is encountering certain obstacles,” the Federal Council said.

Among the reasons cited by the government is “the existence of different legal requirements for noise emission limits, depending on the age and category of the vehicle, and the absence of a display device in the vehicle to identify when a noise limit has been exceeded.”

This is why the Federal Council “has decided to examine the feasibility [for setting up radars] in more detail before creating a possible mandate for the development of concrete legal bases.”

This is valid as of the October 2024.

The Local

SaskPower was sentenced in a Weyburn courtroom and now faces a historic workplace fine of $840,000, the largest in Saskatchewan’s history.

This penalty comes after the utility company was found guilty of three workplace safety violations that resulted in the tragic deaths of two experienced employees in 2020.

The court proceedings were attended by family members of the deceased, Scott Bill and Cole Crooks, and representatives from the International Brotherhood of Electrical Workers (IBEW) Local 2067. According to CTV News, both men, who were journeypersons with 19 years of experience, fell to their deaths on 8 October 2020 when the bucket they were in tipped over while they were performing their duties in Weyburn.

The fine surpasses the previous record set in 2017 when a Manitoba-based company was fined $560,000 for a workplace fatality.

In a statement, SaskPower expressed its commitment to prioritising the safety of its employees, contractors, and the public.

The court mandated that the fine be paid immediately, and SaskPower stated that it is currently analysing the court’s decision and the resulting sentence.

This is valid as of the October 2024.
Canadian Occupational Safety

City authorities have said that Rome aims to solve its long-standing waste management issues within three years by spending around one billion euros on a new trash incinerator.

For years, the Italian capital has struggled to deal with 1,600,000 tonnes of rubbish every year, with overflowing landfills forcing the city council to send trash to be disposed of elsewhere in Italy.

Located in Santa Palomba, a dozen kilometres south of the Italian capital, the proposed incinerator will burn 600,000 tonnes of waste yearly and is projected to generate enough energy to power 200,000 homes.

When asked about the cost, Rome’s mayor, Roberto Gualtieri, said it would be “about one billion euros.”

He added: “The aim is to begin work early in 2025 so that the establishment will be ready in summer 2027.”

Besides electricity, the Santa Palomba plant will also help recover 10,000 tonnes of steel, 2,000 tonnes of aluminium, and 1,600 tonnes of copper per year, according to its designers.

In 2022, Italy had 36 such plants, concentrated mainly in the centre-north of the country.

This is valid as of the 21st October 2024.
Associated Foreign Press

A Queensland demolition company and its director have been fined more than $500,000 for illegally dumping toxic waste, including asbestos, near residential areas.

Department of Environment, Science and Innovation (DESI) officials began investigating Asbestos Demolition Specialists in 2020.

It found large amounts of asbestos waste had been disposed of at a property south of Brisbane.

DESI’s executive director, Brad Wirth, said Asbestos Demolition Specialists did not have a licence to dump waste at its site in Eagleby, Logan, because of its proximity to vital water sources and residential properties.

DESI issued multiple notices to the business, ordering it to stop disposing and receiving waste. According to the regulator, the company repeatedly failed to comply with the requests despite multiple follow-up inspections by DESI officers.

Asbestos Demolition Specialists pleaded guilty to nine offences under the Environmental Protection Act, including five counts of contravening an environmental protection order and one count of wilfully and unlawfully causing material harm.

The Beenleigh Magistrates Court fined the company $400,000 and ordered it to pay a further $75,000 for a licence fee.

The company’s director, Anthony Palmer, pleaded guilty after failing to ensure his business complied with requirements under the Environmental Protection Act.

He was fined $100,000 and sentenced to nine months’ imprisonment, suspended for three years.

The court found the offending activities were “deliberate and extensive”, and it ordered the company and Mr. Palmer to pay more than $12,600 each in legal costs.

They were also issued a rehabilitation order to restore land impacted by the illegal dumping.

This is valid as of the 21st October 2024.
ABC News

At the Alberta Court of Justice, Mercer Peace River Pulp Ltd. (Mercer Peace River) was ordered to pay a $1 million fine after pleading guilty to one count of violating the Fisheries Act.

The charge follows an investigation by Environment and Climate Change Canada enforcement officers that determined that on 14 April 2021, Mercer Peace River deposited or permitted the deposit of 30,868,000 litres of effluent (wastewater) that was acutely lethal (toxic) to fish from its pulp mill near the Town of Peace River, Alberta, into the Peace River.

The deposit of acutely lethal effluent into fish-bearing waters violates a condition of the authorisation to deposit effluent that is set out in subsection 6(5) of the Pulp and Paper Effluent Regulations, in contravention of subsection 36(3) of the Fisheries Act.

The pulp mill operates a wastewater treatment system that treats effluent before releasing it to the Peace River. The wastewater treatment system has a spill pond designed to capture and store effluent resulting from spills or unusual operating conditions. Once in the spill pond, effluent is gradually reintroduced back into the treatment system at a controlled rate to minimise its harmful effect.

Environment and Climate Change Canada’s investigation determined that the offence occurred during a maintenance shutdown of the pulp mill. The shutdown generated waste materials from process vessels and wastewater from cleaning operations, which were directed into the spill pond. Mercer Peace River had insufficient capacity in the spill pond to capture the additional effluent. As a result, the spill pond did not function as designed. The investigation determined that the reduced capacity within the spill pond contributed to the offence. Mercer Peace River has since taken steps to increase the capacity of the spill pond by removing sludge and upgrading the associated pumping system.

The fine will be directed to the Government of Canada’s Environmental Damages Fund.

This conviction will result in the company’s name being added to the Environmental Offenders Registry. The Registry contains information on corporations’ convictions for offences committed under certain federal environmental laws.

This is valid as of the 21st October 2024.
Environment and Climate Change Canada

Environmental, Health, and Safety (EHS) compliance is essential for a successful business to protect its workforce and minimise environmental impact.

Failure to meet industry-specific regulations can lead to prosecutions, fines, legal issues, reputational damage, and even prison time.

This guide will help you identify and meet your organisation’s requirements for your industry.

The first step in EHS compliance is understanding the regulations specific to your industry. For example, the construction industry focuses on working at heights, moving vehicles, fall protection, and safety equipment.

Regular compliance audits are vital for identifying gaps in your EHS management system. A thorough audit includes reviewing your policies, procedures, and documentation to ensure they align with industry regulations.

Key Steps for Conducting an Audit:

• Identify applicable regulations and standards.
• Review existing policies and procedures.
• Inspect the workplace for potential hazards.
• Interview employees to assess their understanding of safety protocols.
• Document findings and create an action plan for improvement.

Regular audits help address issues before they lead to accidents, fines, or legal problems. Barbour EHS offers practical compliance tools, such as model policies, audit risk assessment templates and checklists, to streamline the audit process.

EHS regulations are constantly evolving, so it’s crucial to stay informed about changes that impact your industry. Not keeping up with the changing environment, health and safety legislation, and new requirements can put your business at risk of non-compliance.

Strategies to Stay Informed:

• Subscribe to industry publications and regulatory update services.
• Attend industry conferences and workshops.
• Participate in professional associations and networks.
• Utilise online resources like Barbour EHS for tools and updates on the latest EHS developments.

You can adapt your EHS management system to new requirements and maintain compliance by staying informed.

Fostering a safety and compliance culture is essential. Encourage open communication, reward safe behaviours, and lead by example to prioritise EHS compliance at all business levels. Barbour EHS provides expert insights from professionals on effective strategies for promoting a strong safety culture. We also offer ready-made, downloadable and editable training materials, including toolbox talks, employee factsheets and director’s briefings.

As EHS compliance becomes increasingly complex, many organisations use technology to streamline their management processes. Integrated EHS management systems provide a centralised platform for tracking compliance activities, managing documentation, and reporting incidents.

Benefits of EHS Management Systems:

• Automated tracking of compliance tasks and deadlines
• Centralised document storage for easy retrieval
• Streamlined incident reporting and investigation
• Enhanced data analytics and performance monitoring

For businesses looking to implement a robust EHS management system, VinciWorks offers comprehensive solutions designed to optimise EHS processes, reduce errors, and improve compliance performance.

Navigating EHS compliance complexities can be overwhelming, especially for businesses with limited in-house expertise. Seeking guidance from EHS professionals can provide valuable insights and support to meet your compliance obligations.

Resources like Barbour EHS offer expert advice and support from experienced practitioners. By leveraging their knowledge and best practices, you can develop a robust EHS management system tailored to your industry and business needs. Barbour EHS can share real-life case studies of companies that have successfully navigated EHS compliance challenges using their services and resources.

Identifying and meeting compliance requirements is an ongoing process that requires commitment, diligence, and continuous improvement. By understanding industry-specific regulations, conducting regular audits, staying informed about changes, training employees, utilising management systems, and seeking expert support, you can create a strong foundation for EHS compliance.

Prioritising EHS is a legal obligation and crucial for protecting your employees, business, and the environment. By proactively identifying and meeting your industry’s requirements, you can minimise risks, improve safety outcomes, and build a thriving, compliant organisation.

• Subscribe to industry publications to stay updated on EHS regulations.
• Conduct a compliance audit using Barbour EHS tools.
• Implement comprehensive employee training programmes.
• Explore EHS management systems to streamline compliance processes.
• Seek expert support from EHS professionals to strengthen your compliance strategy.

EHS compliance refers to Environmental, Health, and Safety regulations specific to a business or industry. It ensures that a company follows legal guidelines to protect employees, the public, and the environment. It is crucial because failing to meet these standards can result in fines, legal action, accidents, and reputational damage.

An EHS audit involves several steps:

• Identify applicable industry regulations.
• Review current safety policies and procedures.
• Inspect your workplace for hazards.
• Interview employees to gauge their understanding of safety protocols.
• Document findings and develop an action plan.
• Regular audits help you stay compliant and address issues before they lead to accidents or penalties.

Staying updated on EHS regulation changes is critical for ongoing compliance. Businesses can subscribe to industry publications, attend conferences, participate in professional networks, and use platforms like Barbour EHS, which offer regular updates and tools to track regulatory changes specific to their industry.

Employee training is essential for EHS as it ensures your workforce understands their roles and responsibilities regarding safety and regulatory standards. Training programs, such as online modules, in-person workshops, and certification courses, help employees stay informed about industry-specific hazards and best practices, reducing the risk of accidents and ensuring a safer work environment.

Bullying and harassment continue to be a significant issue in the workplace, with the Trades Union Congress (TUC) reporting that nearly a third of people have been bullied at work. The shift to hybrid working during the COVID-19 pandemic has created additional challenges in managing and supporting teams effectively.

In our recent webinar, an expert panel delved into the complexities of preventing and tackling workplace bullying and harassment. Our speakers included:

✓ James Tamm, Director of Legal Services at WorkNest

✓ Annabelle Carey, Head of Organisational Development Services at WorkNest

✓ Heather Beach, Founder and Director of The Healthy Work Company

✓ Alexis Powell-Howard, Managing Director of Fortis Therapy & Training

The discussion covered key topics such as identifying bullying behaviours, understanding root causes, supporting affected employees, and mitigating legal risks for employers. Here are some of the crucial takeaways:

Identifying different types of workplace bullying and harassment

Understanding the root causes of workplace bullying and harassment

Several common factors contribute to bullying behaviour: 

• Lack of self-awareness and emotional intelligence
• Insecurity and lack of confidence in managing people
• Inadequate training, especially for those promoted based on job performance rather than people skills

Managers need support to adapt their communication style, handle conflict effectively, and understand the impact of their behaviour on others.

Creating a ‘speak up’ culture

Employees often fear repercussions or feel their concerns about bullying won’t be taken seriously. Building a culture where people feel safe to come forward is crucial. This starts with senior leaders role-modelling inclusive behaviours and clarifying that bullying is unacceptable.

Other strategies include: 

• Regularly communicating policies and procedures
• Providing multiple channels for reporting concerns
• Using tools like staff surveys to surface issues and start conversations

Legal protection for employers against workplace bullying and harassment

Supporting employees affected by workplace bullying and harassment

The impact of bullying on mental health and wellbeing can be devastating. Employers should provide support to help affected individuals rebuild their confidence and resilience, such as:

• Access to therapy or coaching
• Adjustments to working arrangements where needed
• Regular check-ins and ongoing support

Tackling bullying at the top

Dealing with bullying by senior leaders, particularly CEOs, is one of the most challenging situations. It requires a robust and proactive board and often benefits from external, impartial investigators to ensure a fair process.

The way forward

A holistic approach to creating a positive, inclusive culture is vital to preventing bullying and harassment. This means:

📌 Equipping managers with the skills to role-model inclusive behaviours and handle concerns effectively

📌 Empowering all employees to speak up and challenge unacceptable behaviour

📌 Implementing robust policies and procedures for reporting and investigating incidents

📌 Providing support for affected individuals and creating a culture of respect and psychological safety

By investing in a comprehensive, ongoing approach, organisations can build workplaces where everyone feels valued, supported, and able to thrive.

🎥 Watch the full webinar on demand.

✉️ Want to find out more? Take a look and see how our Mental Health & Wellbeing library will empower you to support your team.

Frequently asked questions about workplace bullying and harassment

What is considered workplace bullying and harassment?

Workplace bullying and harassment include unwanted behaviours such as verbal abuse, intimidation, exclusion, and offensive remarks. While bullying may not always be illegal, harassment related to a protected characteristic (such as age, race, or gender) is prohibited under the Equality Act 2010 in the UK. Identifying these behaviours early is critical to creating a respectful work environment.

How can employers prevent bullying and harassment in the workplace?

Employers can prevent bullying and harassment by implementing clear anti-bullying policies, providing regular training for managers and employees, promoting a culture of respect, and offering multiple reporting channels for incidents. Regular employee surveys can also help identify issues before they escalate.

What are the legal risks for employers regarding workplace bullying?

Employers face legal risks if they fail to prevent bullying or harassment tied to protected characteristics under the Equality Act. Employers can be liable if they don’t take reasonable steps to prevent such behaviour, including enforcing policies, offering training, and addressing complaints fairly.

How should managers support employees affected by bullying or harassment?

Managers should offer support by listening to employees’ concerns, providing access to counselling or mental health services, making necessary adjustments to working arrangements, and conducting fair investigations. Creating a safe and open environment helps employees feel comfortable reporting incidents.

What are the common signs of workplace bullying and harassment?

Common signs of workplace bullying and harassment include employees being undermined, excluded, or belittled, frequent conflicts or raised voices, and noticeable changes in employee mood or productivity. Covert bullying, such as passive-aggressive behaviour or tone, can be harder to identify but equally damaging.

This is valid as of the 23rd September 2024.

In February 2024, we announced that Marlowe plc had agreed to sell Barbour EHS, William Martin, Elogs and Prosure360 to Inflexion, a leading investment firm. Now that this has received regulatory approval, we wanted to let you know what happens next.

As a customer of Barbour EHS, what does this mean for me?

Everything is business as usual. The service you receive from us, your existing contractual arrangements, and the teams you deal with will remain the same.

The future of Barbour EHS

We have a bright future ahead of us. Our recent business performance has been strong, and with Inflexion’s backing, we are excited to continue investing and developing our leading software platforms, as well as providing our clients with the fantastic service they know and love.

 Teresa Dier, Managing Director of Barbour EHS, said: “The last few years have been exciting for Barbour EHS’s clients. We’ve seen great investments in replatforming our products, which will be released at the end of this year. We’ve also seen our teams expand significantly, and we’re excited to see where we go next with Inflexion’s support.”

 Beatriz Shorrock, Chief Executive of The SRC Group said: “Barbour EHS, William Martin, Prosure360 and Elogs are in a highly successful period of business growth and technology advancement, especially with the continued integration of our brands and products. With Inflexion’s backing, we can continue to accelerate these plans and invest in our valued clients by delivering best in class products and services, that just keep getting better.”

✉️ If you have any questions, feel free to drop an email to enquiries@barbour-ehs.com.