SourcePoint. Business Group Serving the Greater Toronto Area with Nine Offices NEWSLETTER – Fall 2008 Edition Covering Aspects of Security & Liability for Personal and Business Property and Business Operations of the Owner. Data Storage and Back Up: How secure are your computer systems? Do you operate with virus software on all of your computers? Are they password protected? Do you have a data recovery plan in case of a hard drive failure or fire for example? Some offsite web based storage companies charge $2.00 per Gig of storage per month so there is no excuse not to be covered and these back ups can be scheduled daily. Is your customer data secure and compliant with Privacy rules? GST/PST/Payroll As a director of a corporation, you are personally liable for the collection and payment of these trust funds collected. You are also subject to fines and penalties on non-payment of these trust funds as well. In the past, CRA wrote off many of these debts in bankruptcy. However, their policy now is to obtain a judgment against you that stays with you until the amount is paid. They will also put a lien on your property as well. Worker’s Compensation/ Employee & Employer Relationships: If you hire a sub-contract person/company and they do not provide you with proof of coverage or exemption from WSIB, you are liable to pay WSIB premiums on that person or company doing labour work for you. (No exceptions). A director is held liable for payment of these premiums as well. WHMIS (Workplace Hazardous Materials Information System) regulations require employers to provide proper training for anyone who works with or may be exposed to hazardous materials? These regulations also require warning labels and material safety data sheets (MSDS) for the various hazardous materials found in your workplace. These rules apply to all employers of any size. What are the duties under WHMIS? Suppliers, employers and workers all have specified responsibilities in the Hazardous Products Act. Suppliers: When this product is considered a "controlled product" according to the WHMIS legislation, a supplier must label the product or container, and they must provide a material safety data sheet (MSDS) to their customers. The purpose of the labels is to clearly identify the contents of the hazardous material, and the MSDS is to explain what those hazards are. Employers: Employers are required to establish education and training programs for workers exposed to hazardous products in the workplace. Employers must also make sure that the products are labeled and that an MSDS is present for each product and that they are readily available to workers. Workers: Workers are required to participate in the training programs and to use this information to help them work safely with hazardous materials. They may also inform employers when labels on containers have been accidentally removed or if the label is no longer readable. Occupational Health & Safety  (Again, these rules apply to all employers of any size) What are the employer's responsibilities? An employer must: establish and maintain a joint health and safety committee, or cause workers to select at least one health and safety representative. This can be a challenged in a small business. • take every reasonable precaution to ensure the workplace is safe • train employees about any potential hazards and in how to safely use, handle, store and dispose of hazardous substances and how to handle emergencies • supply personal protective equipment and ensure workers know how to use the equipment safely and properly • immediately report all critical injuries to the government department responsible for OH&S • appoint a competent supervisor(owner in small business) who sets the standards for performance, and who ensures safe working conditions are always observed. What does legislation say about forming health and safety committees? Generally, legislation in different jurisdictions across Canada state that health and safety committees or joint health and safety committees: • must be composed of one-half management and at least one-half labour representatives • must meet regularly - some jurisdictions require committee meetings at least once every three months while others require monthly meetings and be co-chaired with a worker representative. What are the employees rights and responsibilities? Employees responsibilities include the following: • responsibility to work in compliance with OH&S acts and regulations • responsibility to use personal protective equipment and clothing as directed by the employer • responsibility to report workplace hazards and dangers • responsibility to work in a manner as required by the employer and use the prescribed safety equipment. Employees have the following three basic rights: • right to refuse unsafe work • right to participate in the workplace health and safety activities through Joint Health and Safety Committee (JHSC) or as a worker health and safety representative • right to know, or the right to be informed about, actual and potential dangers in the workplace What are the manager, supervisor's or (owner’s) responsibilities? As a manager, supervisor or owner, he or she: • must ensure that workers use prescribed protective equipment devices • must advise workers of potential and actual hazards • must take every reasonable precaution in the circumstances for the protection of workers. Managers, supervisors must act on behalf of the employer (owner), and hence have the responsibility to meet the duties of the employer as specified in the Act. Please be aware that directors may also face criminal prosecution for allowing employees to work in dangerous conditions where serious injuries occur. A specialist is these areas may be required to assist you in setting up programs for WHMIS and OHS.     Wills/Insurance: Is your Will up to date and reflect your current wishes. Probate taxes could be minimized with some planning. Have you reviewed your personal and business insurance for changes in coverage or family circumstances. Security of Personal Finances/Estate Review: All too often, we overlook the aspect of our own personal financial health. Our Financial Services partner (Ten Star) will meet with any client to perform a special review of financial assets, estates issues and as well give you a chance to ask questions on a no charge basis. It is very important to ensure that your family and assets are properly protected should some unfortunate circumstance come your way. Estates from parents should also be reviewed. Sales/Sales/Sales: ( This is real security) Sorry , can’t be all negative! It these days of high gas prices, high dollar, low country morale, what a great opportunity to get new sales. You are thinking, these guys must be crazy! On the contrary, while many companies and sales staff are complaining of hard times, the aggressive people and successful business owners are out there hustling for new business and looking for new angles to get sales. Start sending those emails or faxes about your new products or services. Try knocking on a few doors and making some phone calls. Have you ever asked your customers for a referral? Get involved with a networking group that meets once a week. Drive around your area and look for new businesses. You probably know who are your successful competitors, forget your pride and find out what they are doing right and copy them. If you are at the lead of the pack, fantastic, keep on your toes and try to be better.