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.

1. Ron Judd RPF CRSP
June 20, 2013
PRIVATE LANDOWNER’S ASSOCIATION

2. ForestryOperationsRegulationReview
OWNER - PRIME CONTRACTOR- SUPERVISOR RESPONSIBILITIES

3. ForestryOperationsRegulationReview
INTRODUCTION
ForestryOperationsRegulationReview
Why are we here?

4. Goal:
Provide clarification with regards to the
responsibilities of owners/licensees and prime
contractors for specific forestry operations.
4Owner/Prime Contractor Responsibilities
OWNER - PRIME CONTRACTOR RESPONSIBILITIES

5. • Understand the integrated forestry compliance concept
• Identify owner/licensee and prime contractor
responsibilities related to multi-employer forestry
operations
• Determine if the owner/prime contractor agreement is
valid
• Determine if a prime contractor is qualified to manage a
forestry operation
5Owner/Prime Contractor Responsibilities
OWNER - PRIME CONTRACTOR RESPONSIBILITIES
Objectives
Enable participants to:

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 2004
INTEGRATED FORESTRY COMPLIANCE
6Owner/Prime Contractor Responsibilities

7. Background cont’d
• FSTF Final Report 2004 (Recommendation 14)
– The WCB must adapt its strategy for compliance with
health and safety regulations by:
o Setting specific standards for each party
o Requiring compliance for all parties in the industry:
 Individual workers
 Supervisors
 Contractors
 Licensees
 Owners of forested land
– Establish and communicate guidelines for determining
when to shift focus of enforcement and investigative
activities to owner/licensee and prime contractor
• BC Forest Safety Council
INTEGRATED FORESTRY COMPLIANCE
7Owner/Prime Contractor Responsibilities

8. UNDERSTANDING WORKPLACE RESPONSIBILITIES
8Owner/Prime Contractor Responsibilities
Owner/
Licensee
EmployerPrime
Contractor

9. Multiple-employer Workplace
• Defined in the ACT s.118:
“Workplace where workers of 2 or more
employers are working at the same time”
• Workplace may encompass: G26.1-2
– A single block
– A cutting permit area
– An entire license area
Example of multiple owners at a workplace:
• BC Timber Sales and First Nations
9Owner/Prime Contractor Responsibilities
UNDERSTANDING WORKPLACE RESPONSIBILITIES CONT’D

10. • Provide and maintain the owner/
licensee's land and premises in a safe
manner
• Provide to the employer or prime
contractor known or foreseeable
hazards
• Coordinate Health and Safety activities
on the worksite
• Establish and maintain a system or
process to ensure compliance
Prime Contractor
KEY RESPONSIBILITIES - OWNER/LICENSEE
10Owner/Prime Contractor Responsibilities
Owner/Licensee

11. “Both the Ministry of Forests and Range (MOFR) and
those that hold forest tenures or Private Land
Owners are considered to be owners of workplaces
where forestry operations are undertaken.”
OWNERS G26.1-2

12. “Where there are multiple owners of forestry
workplaces,
it is necessary to determine which owner is
responsible for which obligation…
owner in question has knowledge and control
over the workplace hazards in question.”
• Policy Items D3-119, D3-119-1
– Set out the factors to consider when:
o Identifying responsible owner
o Considering issuing orders to owners
RESPONSIBLE OWNER G26.1-2

13. “Knowledge:
Whether the owner knew or should have known
that the health and safety of the persons at or
near the workplace would likely be harmed
by
the condition or use of the workplace
and
the extent of the harm, if it occurred, would be
more than minor or trivial.”
RESPONSIBLE OWNER G26.1-2

14. “Control:
Whether the owner had some control or influence
over the safety of the workplace in that
the owner could practicably have taken
measures necessary to eliminate or reduce
the risk or extent of the potential harm.”
RESPONSIBLE OWNER G26.1-2

15. “Communication:
Whether the owner possessed material information
and
failed to communicate all the material information
in the owner's possession
to the persons at or near the workplace,
thus preventing them from taking measures to
protect themselves.”
OWNER: COMMUNICATION RESPONSIBILITIES G26.1-2

16. • Failure to have an adequate written agreement
will result in the owner being required to fulfill
the prime contractor obligations.
• If an owner enters into more than one agreement
purporting to create a "prime contractor" for the
same period of time,
the owner will be considered to be the prime
contractor
OWNER AND PRIME CONTRACTOR STATUS G26.1-2
16Owner/Prime Contractor Responsibilities

17. “The owner that may designate a prime contractor
or
who must act in that capacity if none is designated,
will be the owner
that has the most ability to control how work is
done by others at the workplace,
and
who has the most knowledge of how work is to be
done in general.”
OWNER: DESIGNATING PRIME CONTRACTOR G26.1-2

18. G26.1.1-2
• The owner of a forestry operation must ensure that
– Any person engaged by the owner to be a prime
contractor as defined in section 118 of the act is
qualified.
• Owners are expected to ensure that prime
contractors they designate
– Have a significant level of experience and training
– Specific to the types of operations that they will be
coordinating.
OWNER: RESPONSIBILITIES REGARDING PRIME CONTRACTOR
18Owner/Prime Contractor Responsibilities

19. WCA 118(3)
“Each employer must give the prime contractor
the name of the supervisor designated
to supervise the employers workers at the
workplace”.
OWNER: RESPONSIBILITIES REGARDING PRIME CONTRACTOR
19Owner/Prime Contractor Responsibilities

20. • The degree to which the
activities of one employer
– Will impact the health and
safety of workers of another
employer in a given area
• The degree to which a
given area constitutes a
single contiguous
administrative unit
• Exclusivity of control over
the given area
PRIME CONTRACTOR: EXTENT OF AREA G26.1.1-2
20Owner/Prime Contractor Responsibilities

21. • The prime contractor of a forestry workplace must,
as a function of this coordination role,
– Perform a risk assessment to determine
o Appropriate measures to eliminate or reduce
hazards faced by workers in the area in question.
21Owner/Prime Contractor Responsibilities
PRIME CONTRACTOR RESPONSIBILITIES G26.1.1-2

22. • The prime contractor is also responsible for
establishing a system or process to ensure health and
safety compliance.
– This may involve establishing a safety program with
respect to the entire workplace
– It may also involve:
o The creation of a joint health and safety committee for the
entire workplace
o Making regular inspections of the workplace
o Take steps to ensure the employers it is coordinating are
complying with and participating in its system.
o Initial safety meeting and the orientation of young or new
workers take place
22Owner/Prime Contractor Responsibilities
PRIME CONTRACTOR RESPONSIBILITIES G26.1.1-2

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 hazards
23Owner/Prime Contractor Responsibilities
BARE BONES RESPONSIBILITY

24. ForestryOperationsRegulationReview
FALLER COMPLIANCE STRATEGY AUDIT

25. Supervisors
• Not being fully qualified to supervise fallers
• Lacking knowledge of falling practices
– BC Faller Training Standard
– OHSR, Part 26: Forestry Operations requirements
Supervision
• Faller inspections which were infrequent or ineffective
– Not documenting workplace inspections
• Not ensuring emergency evacuation plan and equipment in
place
• Not making hazard information (such as a falling plan, etc.)
available to fallers
• Not recording information (re: walking the falling area and
conducting informal risk assessment)
• Not having a written falling plan available
• Not recording changes to the plan
25Faller Compliance Strategy Audit
FALLER COMPLIANCE STRATEGY AUDIT RESULTS

26. Planning – Owner
• Not ensuring prime contractor:
– Had adequate knowledge and experience
– Was qualified to fulfill its responsibilities with regards to a falling
operation
Planning - Owner/Licensee/PC
• Not aware of planning requirements and responsibilities
– Not providing contractors with tools and information
o E.G. detailed maps specifically generated to reflect information and
conditions relevant to falling safety
• Not ensuring a block risk assessment was conducted and a
falling plan developed
• Not identifying work activities or conditions that pose risks to
workers
26Faller Compliance Strategy Audit
FALLER COMPLIANCE STRATEGY AUDIT RESULTS

27. Planning - Owner/Licensee/PC cont’d
• Not having provisions in place to ensure adequate
supervision
• 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 plan
27Faller Compliance Strategy Audit
FALLER COMPLIANCE STRATEGY AUDIT RESULTS

28. Questions?
28Owner/Prime Contractor Responsibilities