Toronto Workers’ Health & Safety Legal Clinic

Annual Report  2010.

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ANNUAL REPORT

The Toronto Workers' Health and Safety Legal Clinic exists to provide assistance to unorganized, low income workers in understanding and evaluating the health and safety hazards in their workplaces and to offer legal advice and representation on matters relating to occupational health and safety. The Clinic was able to fulfil many of its 2009 goals and objectives in spite of the lack of a fulltime staff lawyer from August 2008 until early February 2009.

The Clinic's activities in pursuit of those goals are described below under the following headings:

1. LAW REFORM

Highlights of the Clinic’s activities in the past year (submissions are available on the Clinic’s new website) include:

(i) a written submission to the Provincial Standing Committee on Social Policy concerning the Proposed Amendments to the OHSA Concerning Violence and Harassment at Work

(ii) meetings with the MOL Policy and Health and Safety Inspectorate concerning reprisals and inspections;

(iii) two stakeholder conferences with WSIB senior management concerning reform to the WSIB;

(iv) attended meetings with WSIB senior staff concerning experience rating in order to reform the system and to have health and safety reflected in employer premiums;

(v) a written submission to the Minister of Labour in response to the Consultation Paper on Foreign and Resident Employment Recruitment in Ontario as it relates to occupational health and safety and the WSIA;

(vi) meeting and providing written submissions to the Chair of the WSIB on behalf of the Women of Inspiration urging universal coverage, advocating improvement of Labour Market Re-entry and eliminating delays in the system.

(vii) meeting with the MOL Policy Advisor regarding the OHSA Amendments Concerning Violence and Harassment

2. CASEWORK

The Clinic continued to provide representation to individual clients before various boards and tribunals including Workplace Safety and Insurance Board Appeal Branch, Workplace Safety and Insurance Appeals Tribunal, Human Rights Tribunal and the Ontario Labour Relations Board.

In past years it was noted that the Clinic’s casework had shifted away from Section 50 OHSA reprisal cases. However, since the Clinic has been placed on the Ontario Labour Relations Board website we are receiving more inquiries about occupational health and safety matters than previously.

The Clinic conducted a survey of its community service partners in order to evaluate our public education program. The survey took place in July of 2009 and a report was issued August 31, 2009.

The survey participants were generally satisfied with the Clinic’s public legal education program although there were some requests for more WHMIS training. We are in the process of developing fact sheets and a WHMIS training program.

As well, we have developed a presentation concerning the new violence/harassment provisions of the OHSA which come into effect June 15, 2010. The Clinic continued to be a law reform support to the Women of Inspiration. Commencing January 2010 however, the Lawyer/Director took a leave from the Women of Inspiration. The group continues to meet with staff support from Injured Workers Consultants. Recently the group met with senior officials from the WSIB concerning WSIB stakeholders report.

The Clinic continues to publish a newsletter with a circulation of over 200. Each issue is an attempt to provide information and analysis of issues pertaining to occupational health and safety.

The Clinic’s website continues to improve and has caused an increase in inquiries. The site is www.workers-safety.ca. The new site includes information about the Clinic, its services, an extensive list of its publications and governing documents. In addition, Clinic volunteers know how to maintain the website so that it can be current. Clinic submissions as well as the Clinic funding application are on the site in an effort for us to be as transparent as possible.

The Clinic continues to work with other groups which share similar goals and objectives. These groups are:

1. Workers' Compensation Network

2. Toronto Injured Workers Advocacy Group (TIWAG)

3. O.F.L. Health and Safety Committee

4. O.F.L. WSIB Committee

5. Employment Standards Work Group (ESWG)

6. RAACWI

The Clinic has joined new groups including the OHCOW Information Sharing Group. The Clinic, in cooperation with the Centre for Spanish Speaking People and Industrial Accident Victims Group of Ontario has applied for and received approval for funding for two years for an articling student. The first year the student will work mainly with migrant farm workers in southwestern Ontario in an effort to improve outreach, advocacy and law reform for that under-serviced group.

4. STATISTICAL INFORMATION

The number of open files for the period ending September 30, 2009 follows:

Law Reform 42

Community Education

And Organizing 346

Casework 163

As of March 31, 2010, the Clinic had 166 members and a newsletter mailing list of approximately 216 names of individuals and organizations.

The Clinic was required to attend a series of meetings with LAO which culminated in a request that the Clinic apply to use surplus funds for a review/revisioning exercise. It appears that LAO has concerns based on their perception that we could or should be reaching more of the worker population in Ontario. These discussions may continue during the current year.

[S:\\GENERAL\LINDA\\DIRECTOR\AR-2010

TORONTO WORKERS’ HEALTH AND SAFETY

LEGAL CLINIC

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ANNUAL REPORT

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APRIL 2010