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The Mixer, December, 2007

New WCB regulation to protect late-night workers
called "Best in North America"

Photo above left: Delegates at this year’s BC Federation of Labour Convention gave a standing ovation to thank Doug and Corrine DePatie for their courage and efforts in lobbying both the provincial government and the Workers Compensation Board to help establish workplace regulations that help protect workers who work alone at night. Doug DePatie gave a very moving speech at the convention, where he said, “While we will live the rest of our lives with only Grant’s memory, our family is proud that, thanks to Grant, other young workers will be safer on the job.”

Jim Sinclair, President of the BC Federation of Labour, thanked Doug & Corrine for their efforts, and said, “Despite suffering such personal tragedy, the DePatie and Crellin families worked hard to ensure that no other worker would have to face the same risk their son and grandson did. Without their support, this regulation would not be here today.”

Photo above right: Local 40 member “JR” James Reid works in the Cold Beer & Wine Store at the Richmond Hotel. He is shown here with Local 40 Union Rep Sister Jean Poulton as they discuss working conditions at this retail outlet. Brother Reid’s workplace will be subject to the new WCB Regulation protecting late night workers.

VANCOUVER - A new Worker’s Compensation Board (WCB) Regulation to protect late-night workers is the best in North America, said Jim Sinclair, President of the BC Federation of Labour.

In October, the WCB announced its Board of Directors approved a new regulation requiring employers to ensure that late-night retail workers would either work with at least one other worker or the employer must implement security measures including locked doors and physical barriers to prevent access to the worker.

“We do know that regulations alone aren’t enough. Enforcing these new rules is the only way to ensure workers will be safe,” said Sinclair. The regulation, which was reviewed in public hearings earlier this summer, reflects the ongoing call from the Federation for tougher laws to protect late-night workers.

“BC’s WCB can be seen as health and safety leaders for recognizing the risk facing late-night workers. I’m hopeful their step to introduce this new law will set a precedent to be followed by health and safety agencies across North America.”

A large component of our Local 40 members work alone in retail beer & wine stores
and some would say they are in more danger given the alcohol factor.
We will be watching closely to ensure our employers will be in compliance
with the new Regulation.

Jim Pearson,
UNITE HERE Local 40
President/Administrator

New workplace requirements protecting late-night workers will be effective February 1, 2008 and include:

Mandatory prepayment of fuel

Under the amended regulations, customers must prepay for fuel sold in gas stations and other retail fuelling outlets throughout BC, 24 hours a day/seven days a week.

New safety procedures and requirements for workers at late night retail premises

The amendments also introduce late night retail safety procedures and requirements. This affects any gas station, retail fuelling outlet, convenience or other retail store open to the public between
10 pm and 6 am. If a worker is assigned to work alone or in isolation in these environments and there is any risk of harm from a violent act to the worker, the employer must develop and implement a written procedure to ensure the worker’s safety in handling money. The worker must also be trained in the written procedure.

Where workers are employed in late night retail premises,

the new regulation will require that the employer do one or both of the following: they must prevent physical access to the worker by way of a locked door or a barrier that protects the worker, and/or schedule more than one worker to work during late night hours.

New safety procedures and requirements for all workers working alone or in isolation

Employers are also required to identify hazards and eliminate or minimize the risk from any hazards that are identified. The regulation lays out the usual occupational health and safety controls, which include engineering the risk out and examining administrative practices to eliminate or minimize the risk.

Copyright © 2007 UNITE HERE Local 40. All rights reserved.