Ron Judd RPF CRSPJune 20, 2013PRIVATE LANDOWNER’S ASSOCIATION
ForestryOperationsRegulationReviewOWNER - PRIME CONTRACTOR- SUPERVISOR RESPONSIBILITIES
ForestryOperationsRegulationReviewINTRODUCTIONForestryOperationsRegulationReviewWhy are we here?
Goal:Provide clarification with regards to theresponsibilities of owners/licensees and primecontractors for specific fores...
• Understand the integrated forestry compliance concept• Identify owner/licensee and prime contractorresponsibilities rela...
Background• WCA and Regulation– Significant changes in 1998• BC Fallers Training Standard 2004• 47 fatal tragedies in 2005...
Background cont’d• FSTF Final Report 2004 (Recommendation 14)– The WCB must adapt its strategy for compliance withhealth a...
UNDERSTANDING WORKPLACE RESPONSIBILITIES8Owner/Prime Contractor ResponsibilitiesOwner/LicenseeEmployerPrimeContractor
Multiple-employer Workplace• Defined in the ACT s.118:“Workplace where workers of 2 or moreemployers are working at the sa...
• Provide and maintain the owner/licensees land and premises in a safemanner• Provide to the employer or primecontractor k...
“Both the Ministry of Forests and Range (MOFR) andthose that hold forest tenures or Private LandOwners are considered to b...
“Where there are multiple owners of forestryworkplaces,it is necessary to determine which owner isresponsible for which ob...
“Knowledge:Whether the owner knew or should have knownthat the health and safety of the persons at ornear the workplace wo...
“Control:Whether the owner had some control or influenceover the safety of the workplace in thatthe owner could practicabl...
“Communication:Whether the owner possessed material informationandfailed to communicate all the material informationin the...
• Failure to have an adequate written agreementwill result in the owner being required to fulfillthe prime contractor obli...
“The owner that may designate a prime contractororwho must act in that capacity if none is designated,will be the ownertha...
G26.1.1-2• The owner of a forestry operation must ensure that– Any person engaged by the owner to be a primecontractor as ...
WCA 118(3)“Each employer must give the prime contractorthe name of the supervisor designatedto supervise the employers wor...
• The degree to which theactivities of one employer– Will impact the health andsafety of workers of anotheremployer in a g...
• The prime contractor of a forestry workplace must,as a function of this coordination role,– Perform a risk assessment to...
• The prime contractor is also responsible forestablishing a system or process to ensure health andsafety compliance.– Thi...
• Qualified contractor• Planning (first aid, EEP, blocking roads etc)• Training of Forestry workers• Notice of project for...
ForestryOperationsRegulationReviewFALLER COMPLIANCE STRATEGY AUDIT
Supervisors• Not being fully qualified to supervise fallers• Lacking knowledge of falling practices– BC Faller Training St...
Planning – Owner• Not ensuring prime contractor:– Had adequate knowledge and experience– Was qualified to fulfill its resp...
Planning - Owner/Licensee/PC cont’d• Not having provisions in place to ensure adequatesupervision• Not ensuring falling su...
Questions?28Owner/Prime Contractor Responsibilities
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Forest Safety—Owner/ Prime Contractor Responsibilities

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Presentation by Ron Judd, Senior Regional Officer, WorkSafeBC, to the Private Forest Landowners Association at their 18th annual conference in Nanaimo, BC, June 20, 2013. The objective of the presentation is to provide clarification with regards to the responsibilities of owners/licensees and prime contractors for specific forestry operations.

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Forest Safety—Owner/ Prime Contractor Responsibilities

  1. 1. Ron Judd RPF CRSPJune 20, 2013PRIVATE LANDOWNER’S ASSOCIATION
  2. 2. ForestryOperationsRegulationReviewOWNER - PRIME CONTRACTOR- SUPERVISOR RESPONSIBILITIES
  3. 3. ForestryOperationsRegulationReviewINTRODUCTIONForestryOperationsRegulationReviewWhy are we here?
  4. 4. Goal:Provide clarification with regards to theresponsibilities of owners/licensees and primecontractors for specific forestry operations.4Owner/Prime Contractor ResponsibilitiesOWNER - PRIME CONTRACTOR RESPONSIBILITIES
  5. 5. • Understand the integrated forestry compliance concept• Identify owner/licensee and prime contractorresponsibilities related to multi-employer forestryoperations• Determine if the owner/prime contractor agreement isvalid• Determine if a prime contractor is qualified to manage aforestry operation5Owner/Prime Contractor ResponsibilitiesOWNER - PRIME CONTRACTOR RESPONSIBILITIESObjectivesEnable participants to:
  6. 6. Background• WCA and Regulation– Significant changes in 1998• BC Fallers Training Standard 2004• 47 fatal tragedies in 2005• United Steel Workers (IWA) Fatal Summit in 2006• Forest Safety Task Force 2004INTEGRATED FORESTRY COMPLIANCE6Owner/Prime Contractor Responsibilities
  7. 7. Background cont’d• FSTF Final Report 2004 (Recommendation 14)– The WCB must adapt its strategy for compliance withhealth and safety regulations by:o Setting specific standards for each partyo Requiring compliance for all parties in the industry: Individual workers Supervisors Contractors Licensees Owners of forested land– Establish and communicate guidelines for determiningwhen to shift focus of enforcement and investigativeactivities to owner/licensee and prime contractor• BC Forest Safety CouncilINTEGRATED FORESTRY COMPLIANCE7Owner/Prime Contractor Responsibilities
  8. 8. UNDERSTANDING WORKPLACE RESPONSIBILITIES8Owner/Prime Contractor ResponsibilitiesOwner/LicenseeEmployerPrimeContractor
  9. 9. Multiple-employer Workplace• Defined in the ACT s.118:“Workplace where workers of 2 or moreemployers are working at the same time”• Workplace may encompass: G26.1-2– A single block– A cutting permit area– An entire license areaExample of multiple owners at a workplace:• BC Timber Sales and First Nations9Owner/Prime Contractor ResponsibilitiesUNDERSTANDING WORKPLACE RESPONSIBILITIES CONT’D
  10. 10. • Provide and maintain the owner/licensees land and premises in a safemanner• Provide to the employer or primecontractor known or foreseeablehazards• Coordinate Health and Safety activitieson the worksite• Establish and maintain a system orprocess to ensure compliancePrime ContractorKEY RESPONSIBILITIES - OWNER/LICENSEE10Owner/Prime Contractor ResponsibilitiesOwner/Licensee
  11. 11. “Both the Ministry of Forests and Range (MOFR) andthose that hold forest tenures or Private LandOwners are considered to be owners of workplaceswhere forestry operations are undertaken.”OWNERS G26.1-2
  12. 12. “Where there are multiple owners of forestryworkplaces,it is necessary to determine which owner isresponsible for which obligation…owner in question has knowledge and controlover the workplace hazards in question.”• Policy Items D3-119, D3-119-1– Set out the factors to consider when:o Identifying responsible ownero Considering issuing orders to ownersRESPONSIBLE OWNER G26.1-2
  13. 13. “Knowledge:Whether the owner knew or should have knownthat the health and safety of the persons at ornear the workplace would likely be harmedbythe condition or use of the workplaceandthe extent of the harm, if it occurred, would bemore than minor or trivial.”RESPONSIBLE OWNER G26.1-2
  14. 14. “Control:Whether the owner had some control or influenceover the safety of the workplace in thatthe owner could practicably have takenmeasures necessary to eliminate or reducethe risk or extent of the potential harm.”RESPONSIBLE OWNER G26.1-2
  15. 15. “Communication:Whether the owner possessed material informationandfailed to communicate all the material informationin the owners possessionto the persons at or near the workplace,thus preventing them from taking measures toprotect themselves.”OWNER: COMMUNICATION RESPONSIBILITIES G26.1-2
  16. 16. • Failure to have an adequate written agreementwill result in the owner being required to fulfillthe prime contractor obligations.• If an owner enters into more than one agreementpurporting to create a "prime contractor" for thesame period of time,the owner will be considered to be the primecontractorOWNER AND PRIME CONTRACTOR STATUS G26.1-216Owner/Prime Contractor Responsibilities
  17. 17. “The owner that may designate a prime contractororwho must act in that capacity if none is designated,will be the ownerthat has the most ability to control how work isdone by others at the workplace,andwho has the most knowledge of how work is to bedone in general.”OWNER: DESIGNATING PRIME CONTRACTOR G26.1-2
  18. 18. G26.1.1-2• The owner of a forestry operation must ensure that– Any person engaged by the owner to be a primecontractor as defined in section 118 of the act isqualified.• Owners are expected to ensure that primecontractors they designate– Have a significant level of experience and training– Specific to the types of operations that they will becoordinating.OWNER: RESPONSIBILITIES REGARDING PRIME CONTRACTOR18Owner/Prime Contractor Responsibilities
  19. 19. WCA 118(3)“Each employer must give the prime contractorthe name of the supervisor designatedto supervise the employers workers at theworkplace”.OWNER: RESPONSIBILITIES REGARDING PRIME CONTRACTOR19Owner/Prime Contractor Responsibilities
  20. 20. • The degree to which theactivities of one employer– Will impact the health andsafety of workers of anotheremployer in a given area• The degree to which agiven area constitutes asingle contiguousadministrative unit• Exclusivity of control overthe given areaPRIME CONTRACTOR: EXTENT OF AREA G26.1.1-220Owner/Prime Contractor Responsibilities
  21. 21. • The prime contractor of a forestry workplace must,as a function of this coordination role,– Perform a risk assessment to determineo Appropriate measures to eliminate or reducehazards faced by workers in the area in question.21Owner/Prime Contractor ResponsibilitiesPRIME CONTRACTOR RESPONSIBILITIES G26.1.1-2
  22. 22. • The prime contractor is also responsible forestablishing a system or process to ensure health andsafety compliance.– This may involve establishing a safety program withrespect to the entire workplace– It may also involve:o The creation of a joint health and safety committee for theentire workplaceo Making regular inspections of the workplaceo Take steps to ensure the employers it is coordinating arecomplying with and participating in its system.o Initial safety meeting and the orientation of young or newworkers take place22Owner/Prime Contractor ResponsibilitiesPRIME CONTRACTOR RESPONSIBILITIES G26.1.1-2
  23. 23. • Qualified contractor• Planning (first aid, EEP, blocking roads etc)• Training of Forestry workers• Notice of project for forestry• Initial safety meeting• Faller certification• Falling Supervisor• Entry to falling areas• Work area arrangements• Haul road standards- grades, bridges , culverts• Roadside hazards23Owner/Prime Contractor ResponsibilitiesBARE BONES RESPONSIBILITY
  24. 24. ForestryOperationsRegulationReviewFALLER COMPLIANCE STRATEGY AUDIT
  25. 25. Supervisors• Not being fully qualified to supervise fallers• Lacking knowledge of falling practices– BC Faller Training Standard– OHSR, Part 26: Forestry Operations requirementsSupervision• Faller inspections which were infrequent or ineffective– Not documenting workplace inspections• Not ensuring emergency evacuation plan and equipment inplace• Not making hazard information (such as a falling plan, etc.)available to fallers• Not recording information (re: walking the falling area andconducting informal risk assessment)• Not having a written falling plan available• Not recording changes to the plan25Faller Compliance Strategy AuditFALLER COMPLIANCE STRATEGY AUDIT RESULTS
  26. 26. Planning – Owner• Not ensuring prime contractor:– Had adequate knowledge and experience– Was qualified to fulfill its responsibilities with regards to a fallingoperationPlanning - Owner/Licensee/PC• Not aware of planning requirements and responsibilities– Not providing contractors with tools and informationo E.G. detailed maps specifically generated to reflect information andconditions relevant to falling safety• Not ensuring a block risk assessment was conducted and afalling plan developed• Not identifying work activities or conditions that pose risks toworkers26Faller Compliance Strategy AuditFALLER COMPLIANCE STRATEGY AUDIT RESULTS
  27. 27. Planning - Owner/Licensee/PC cont’d• Not having provisions in place to ensure adequatesupervision• Not ensuring falling supervisor was qualified• Inadequate emergency planning• Inadequate setup of first aid procedures• Not completing plan before work commenced• Not documenting changes to the plan27Faller Compliance Strategy AuditFALLER COMPLIANCE STRATEGY AUDIT RESULTS
  28. 28. Questions?28Owner/Prime Contractor Responsibilities

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