As tight as summer coveralls might be with winter clothing underneath, the Occupational Health and Safety Act does not require employers to provide winter coveralls to crane operators, a Newfoundland arbitrator has held.

The collective agreement required the employer to provide "coveralls". The employer provided summer coveralls with reflective "visibility markings" and which also protected the employee's clothing. The employer did not provide winter coveralls, which were lined on the inside and therefore warmer.

The crane operators complained that the summer coveralls were not warm enough in the winter and fit too tightly to wear enough clothes to keep warm. They said that although the crane cabs were heated, they were drafty and the door must be opened and closed frequently.

The arbitrator decided that the need to wear warmer clothing underneath the coveralls in winter "was not established as a health and safety regulation or a requirement of the Collective Agreement." The safety issues – visibility and protection of clothing – was adequately addressed by the summer coveralls.

This case appears to be part of a trend of unions attempting to achieve certain job benefits – such as winter clothing – for employees on the basis of safety. Here, the union was unable to establish that the lining in winter coveralls was a safety requirement.

Resource Development Trades Council of Newfoundland and Labrador v. Long Harbour Employers Association Inc., 2013 CanLII 12447 (NL LA) (January 7, 2013)

For more information, visit our Occupational Health & Safety Law blog at www.occupationalhealthandsafetylaw.com

About Dentons

Dentons is a global firm driven to provide you with the competitive edge in an increasingly complex and interconnected marketplace. We were formed by the March 2013 combination of international law firm Salans LLP, Canadian law firm Fraser Milner Casgrain LLP (FMC) and international law firm SNR Denton.

Dentons is built on the solid foundations of three highly regarded law firms. Each built its outstanding reputation and valued clientele by responding to the local, regional and national needs of a broad spectrum of clients of all sizes – individuals; entrepreneurs; small businesses and start-ups; local, regional and national governments and government agencies; and mid-sized and larger private and public corporations, including international and global entities.

Now clients benefit from more than 2,500 lawyers and professionals in 79 locations in 52 countries across Africa, Asia Pacific, Canada, Central Asia, Europe, the Middle East, Russia and the CIS, the UK and the US who are committed to challenging the status quo to offer creative, actionable business and legal solutions.

Learn more at www.dentons.com

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances. Specific Questions relating to this article should be addressed directly to the author.