|
Western Silvicultural Contractors' Association
|
WSCA Current Affairs
|
|
Thursday, May 23, 2013
|
|
|
Licensee and Contractor Fined in Contractor Worker Death
Dec 23, 2011
()
A Williams Lake beetle trap tree falling contractor and the licensee that
contracted him both received fines after the death of a faller on the job
this year. WorkSafeBC cited both the contractor and the owner for failing to
properly instruct, train or supervise the worker employed by the contractor.
The contractor received $2,500 fine for his failings; the licensee $75,000
for theirs. The pair of fines reflect the due diligence that licensees need
to exercise around the training and supervision of workers directed by firms
they contract work to.
The different size of the fines to both the contractor and owner, which are
described in more detail in the WorkSafe Magazine November/December edition
under Penalties, in part reflects the onus on licensees to realize they do
not contract out their responsibilities for safety in the workplace once
they award work to a contractor. According to the WSCA many foresters in
both private industry and the government continue to fail to grasp this
fundamental principle of due diligence. This was evident in some of the
initial response from BCTS representatives regarding the circumstances in
the now infamous Khaira Enterprises debacle. It may also be at the root of
some private firms' elaborate lawyer-driven attempts to franchise prime
contractor status to just about every contractor on site in order to divest
themselves of any liability or responsibility for the contractor's workplace
behaviour. As this recent ruling indicates, in practice that strategy is
likely pointless.
In remedying this situation both contractors and owners should look to
ensuring firms employ workers that are trained, oriented, supervised and
qualified through industry recognized practices and standards. The WSCA has
introduced credible and practical training for ATV operators, silviculture
saw workers, light truck operators and supervisors and this kind of training
should be required of any contractor on site. Having workers trained to
these industry-recognized standards provides a much stronger defence of due
diligence to both the contractor and the owner than no training, or training
that cannot demonstrate it is best example of what the industry holds as
appropriate. It is obvious that WorkSafeBC is sending a signal in this
decision that should be noticed.
| Date: | Dec 23, 2011 |
| Author: | |
| Source: | |
| Keywords: | |
| Web Link: | |
|
|
|
|
|
|
Powered by Arcsite.ca
Content Management
|
|
