Sucks to be a Sikh
This one's right up my alley, being an Occupational Health and Safety Specialist and all.
"Sikh truck drivers will file a human rights complaint Thursday against a rule that requires them to wear hardhats instead of turbans.
They are fighting a requirement that prevents them from driving into CP Rail's two Toronto terminals without protective headwear. CP Rail said it is enforcing the hardhat rule because of safety concerns."
They will not win this case.
The employer is responsible, legally, to ensure the health and safety of all personnel on it's site. They meet this requirement by performing hazard assessments and implimenting appropriate control measures based on the identified hazards. The end result (theoretical) is that everyone goes home at the end of the day with all of their fingers and toes.
If the employee can not or will not comply with the control measures, the employer is legally bound to take disciplinary action. If they do not, and things go south (where someone gets hurt) the employer is held liable for it's inaction. (reference the Westray Mine Disaster and subsequent implementation of [federal] legislation).
The issue of drug testing of workers in safety sensitive positions was taken to human rights tribunals in the same manner. The druggies didn't like the idea that they could get caught and decided that the testing policy was against their rights. The druggies lost and screening is now mainstream.
Sucks to be a Sikh in Toronto. Looks like they're going to have a choice to make.
Kate at SDA has more... Check out her comments section...
"Sikh truck drivers will file a human rights complaint Thursday against a rule that requires them to wear hardhats instead of turbans.
They are fighting a requirement that prevents them from driving into CP Rail's two Toronto terminals without protective headwear. CP Rail said it is enforcing the hardhat rule because of safety concerns."
They will not win this case.
The employer is responsible, legally, to ensure the health and safety of all personnel on it's site. They meet this requirement by performing hazard assessments and implimenting appropriate control measures based on the identified hazards. The end result (theoretical) is that everyone goes home at the end of the day with all of their fingers and toes.
If the employee can not or will not comply with the control measures, the employer is legally bound to take disciplinary action. If they do not, and things go south (where someone gets hurt) the employer is held liable for it's inaction. (reference the Westray Mine Disaster and subsequent implementation of [federal] legislation).
The issue of drug testing of workers in safety sensitive positions was taken to human rights tribunals in the same manner. The druggies didn't like the idea that they could get caught and decided that the testing policy was against their rights. The druggies lost and screening is now mainstream.
Sucks to be a Sikh in Toronto. Looks like they're going to have a choice to make.
Kate at SDA has more... Check out her comments section...
posted by Richard at 07:31
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