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Man fined $305 for smoking in workplace - his truck

hypocritexposer

Well-known member
The burning question about precisely where a person can smoke these days is flaring up again in Ontario, where a 48-year-old trucker faces a $305 fine for lighting up on the job: while driving his big rig along Canada's busiest highway.

The man, who hails from London, Ont., a two-hour drive southwest of Toronto, was headed for the Ontario border city of Windsor when he was pulled over Wednesday along Highway 401 and given a ticket under the Smoke-Free Ontario Act.

The law, considered a Canadian standard-setter when it was passed in 2006, forbids smoking in all workplaces and enclosed public spaces, including buildings, structures or vehicles worked in or frequented by employees, according to the government's website.

"Examples of an enclosed workplace include the inside of a trailer office on a construction site, the inside of a loading dock, or the inside of a delivery truck," the site says.

Ontario provincial police Const. Shawna Coulter said the law is very explicit about what constitutes a workplace.

"It says the inside of any place, building, structure or vehicle that is part of the employee's workplace, which if you're driving a truck for long periods of time – that becomes your workplace."

The driver, whose name was not immediately released, could have good reason to fight the ticket in court, said Doug Switzer, vice-president of the Ontario Trucking Association.

The provincial law ought not apply in the case of federally regulated trucking companies that operate in other provinces or the United States, Switzer said – nor should it be brought to bear on truckers who own and operate their own rigs and work alone.

"It is a little complicated on the enforcement end because you've got thousands of people from OPP, municipal police forces and health unit enforcement staff, not all of whom are versed in the subtle nuances of the trucking industry or the smoking legislation," Switzer said.

Julie Rosenberg, a spokeswoman for Ontario's Ministry of Health Promotion, refused to comment Thursday on whether or not the law would be applicable in the case of a truck belonging to a federally regulated company.

In the event the driver of the truck did not construe an employee as defined by the legislation, however, "the vehicle in question would not meet the definition of an enclosed workplace," Rosenberg said in an email.

Transportation Minister Jim Bradley said he'd never heard of such a case, and while he couldn't comment on any particular case, said he'll be watching to see how this one unfolds.

"It would be interesting to see how this develops," Bradley said. "That's interesting. It's a new one to me."

Coulter said it was unclear whether the fine was the first of its kind in Ontario. "We don't track specific charges, but I don't know that it's been utilized in the past," she said.

Nonetheless, that's the way the law is supposed to work, said Health Promotion Minister Margarett Best.

"It's about health, and I'm not looking at this from the perspective of whether it's a milestone or not," Best said of the charge. "I'm looking at it from the perspective of being concerned about the health of Ontarians."

Neil MacKenzie, the manager of tobacco programs for the Windsor-Essex County Health Unit, said even a farmer's enclosed tractor would be considered a work environment.

"Whether or not you have the sunroof open or windows down ... it's an enclosed workplace and you're prohibited from smoking in that vehicle," MacKenzie told Windsor radio station CKLW.

Still, no one would march into a field and fine a farmer for smoking in an enclosed tractor, he said.

"Before we take any radical action on it, we'd confirm with the Ministry of Health whether there's precedent," MacKenzie said.

"We'd make sure the farmer understood requirements and give the opportunity for full compliance."

Ontario's Liberal government, first elected in 2003, has been aggressive in its efforts to curb tobacco use in the province. Last summer, the province amended the Highway Traffic Act to prohibit smoking in cars carrying children.

Stringent anti-tobacco laws prohibiting smoking in covered public places and workplaces, like restaurants and bars, are also in effect in a number of other Canadian provinces and territories, including Manitoba, Saskatchewan, Quebec, the Maritime provinces, the Northwest Territories and Nunavut.

Last February, a 29-year-old woman from the Sarnia, Ont., area was charged under the ban after she was allegedly found smoking with five young children in the vehicle. Officers said they found both the driver and a 19-year-old female passenger smoking cigarettes.

Several provinces, meanwhile, plan to join forces against tobacco companies to recover health-care costs related to smoking.

Quebec confirmed earlier this month it was joining Ontario, British Columbia and New Brunswick in filing a multibillion-dollar lawsuit against tobacco manufacturers.

Ontario's $50-billion lawsuit against three tobacco companies is aimed at recovering the cost of treating smoke-related illnesses dating back as far as 1955.

The provinces began to consider legal action after a 2005 Supreme Court of Canada ruling that upheld British Columbia's right to seek compensation against tobacco companies.

http://www.thestar.com/news/ontario/article/707572--man-fined-305-for-smoking-in-workplace-his-truck
 

Steve

Well-known member
even a farmer's enclosed tractor would be considered a work environment.

I guess the M isn't included. :roll: :roll: :wink:

goes to the liberal ~ conservative thing again.. I don't smoke, and I don't care if you do.. it' your choice...

and I think anyone telling another to not smoke on their tractor is about as invasive as it gets...
 

Silver

Well-known member
Steve said:
even a farmer's enclosed tractor would be considered a work environment.

I guess the M isn't included. :roll: :roll: :wink:

goes to the liberal ~ conservative thing again.. I don't smoke, and I don't care if you do.. it' your choice...

and I think anyone telling another to not smoke on their tractor is about as invasive as it gets...

I agree with you to a point Steve, but I also understand where they're coming from. It the guy in the truck is able to claim compensation for health problems obtained at his work place.... perhaps the Workers Compensation Board should have something to say about the environment he works in.
If he's not eligible for compensation, then he's on his own. It's the legal system that's got us to this point.
 

MsSage

Well-known member
Sorry but a big rig is considered his home. If he is an O/O you cant touch him.
If he is a company driver then maybe but only if other drivers use the truck as well. If he lives in it its his home.

Good GAWD how many MORE regulations are truckers suppose to put up with? Name me one other job you have half as many regs and rules you have to follow...hours you can work, how much time you have to spend "off duty" how many hours you have to sleep.....Then add in where you cant run your truck while your sleeping to have heat or a/c. How many would put up with being told sorry you cant have heat tonight?
 

Broke Cowboy

Well-known member
hypocritexposer said:
The burning question about precisely where a person can smoke these days is flaring up again in Ontario, where a 48-year-old trucker faces a $305 fine for lighting up on the job: while driving his big rig along Canada's busiest highway.

The man, who hails from London, Ont., a two-hour drive southwest of Toronto, was headed for the Ontario border city of Windsor when he was pulled over Wednesday along Highway 401 and given a ticket under the Smoke-Free Ontario Act.

The law, considered a Canadian standard-setter when it was passed in 2006, forbids smoking in all workplaces and enclosed public spaces, including buildings, structures or vehicles worked in or frequented by employees, according to the government's website.

"Examples of an enclosed workplace include the inside of a trailer office on a construction site, the inside of a loading dock, or the inside of a delivery truck," the site says.

Ontario provincial police Const. Shawna Coulter said the law is very explicit about what constitutes a workplace.

"It says the inside of any place, building, structure or vehicle that is part of the employee's workplace, which if you're driving a truck for long periods of time – that becomes your workplace."

The driver, whose name was not immediately released, could have good reason to fight the ticket in court, said Doug Switzer, vice-president of the Ontario Trucking Association.

The provincial law ought not apply in the case of federally regulated trucking companies that operate in other provinces or the United States, Switzer said – nor should it be brought to bear on truckers who own and operate their own rigs and work alone.

"It is a little complicated on the enforcement end because you've got thousands of people from OPP, municipal police forces and health unit enforcement staff, not all of whom are versed in the subtle nuances of the trucking industry or the smoking legislation," Switzer said.

Julie Rosenberg, a spokeswoman for Ontario's Ministry of Health Promotion, refused to comment Thursday on whether or not the law would be applicable in the case of a truck belonging to a federally regulated company.

In the event the driver of the truck did not construe an employee as defined by the legislation, however, "the vehicle in question would not meet the definition of an enclosed workplace," Rosenberg said in an email.

Transportation Minister Jim Bradley said he'd never heard of such a case, and while he couldn't comment on any particular case, said he'll be watching to see how this one unfolds.

"It would be interesting to see how this develops," Bradley said. "That's interesting. It's a new one to me."

Coulter said it was unclear whether the fine was the first of its kind in Ontario. "We don't track specific charges, but I don't know that it's been utilized in the past," she said.

Nonetheless, that's the way the law is supposed to work, said Health Promotion Minister Margarett Best.

"It's about health, and I'm not looking at this from the perspective of whether it's a milestone or not," Best said of the charge. "I'm looking at it from the perspective of being concerned about the health of Ontarians."

Neil MacKenzie, the manager of tobacco programs for the Windsor-Essex County Health Unit, said even a farmer's enclosed tractor would be considered a work environment.

"Whether or not you have the sunroof open or windows down ... it's an enclosed workplace and you're prohibited from smoking in that vehicle," MacKenzie told Windsor radio station CKLW.

Still, no one would march into a field and fine a farmer for smoking in an enclosed tractor, he said.

"Before we take any radical action on it, we'd confirm with the Ministry of Health whether there's precedent," MacKenzie said.

"We'd make sure the farmer understood requirements and give the opportunity for full compliance."

Ontario's Liberal government, first elected in 2003, has been aggressive in its efforts to curb tobacco use in the province. Last summer, the province amended the Highway Traffic Act to prohibit smoking in cars carrying children.

Stringent anti-tobacco laws prohibiting smoking in covered public places and workplaces, like restaurants and bars, are also in effect in a number of other Canadian provinces and territories, including Manitoba, Saskatchewan, Quebec, the Maritime provinces, the Northwest Territories and Nunavut.

Last February, a 29-year-old woman from the Sarnia, Ont., area was charged under the ban after she was allegedly found smoking with five young children in the vehicle. Officers said they found both the driver and a 19-year-old female passenger smoking cigarettes.

Several provinces, meanwhile, plan to join forces against tobacco companies to recover health-care costs related to smoking.

Quebec confirmed earlier this month it was joining Ontario, British Columbia and New Brunswick in filing a multibillion-dollar lawsuit against tobacco manufacturers.

Ontario's $50-billion lawsuit against three tobacco companies is aimed at recovering the cost of treating smoke-related illnesses dating back as far as 1955.

The provinces began to consider legal action after a 2005 Supreme Court of Canada ruling that upheld British Columbia's right to seek compensation against tobacco companies.

http://www.thestar.com/news/ontario/article/707572--man-fined-305-for-smoking-in-workplace-his-truck

Anyone believes Neil Mackenzie and his gang will not come across your fields - then they are a fool

Intrusion is coming and the intruders love it

After all they know what is best for you

I would bet you a meal in the restaurant of your choice good old Neil is really enjoying the potential of his new found power.

It really is true - voters get the government they deserve

BC
 

MsSage

Well-known member
It really is true - voters get the government they deserve
Excuss me........aahhhhh wait a min I voted and encouraged others to vote hail I even got shoer to vote and get active in politics.
I DONT deserve this.


OK ( deep breath) of my soap box whinning LOL
 
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