Cranes & The Criminal Code of Canada

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1 Slide 1 Lisa Sheri Olver President of KOLO Safety.com Cranes & The Criminal Code of Canada 10/10/2011 KOLO SAFETY INC 1 Slide 2 KOLO Safety Inc. & KOLO Holdings Inc. The Criminal Code of Canada Lisa Olver is the President of KOLO Holdings & KOLO Safety Inc. Volunteer Memberships: CSA Technical Committee Member ASME B30 Sub-Committee Member CSA Liaison Alt. to ASME B30 Standards. Hoisting Safety Society of Alberta Executive Member (Secretary for suggested changes to Part 6, 19 & 21 of the Alberta OH&S Regulations & Guideline) 10/10/2011 KOLO SAFETY INC 2 Slide 3 Topics of Discussion Due-diligence: Competent (Competency Testing) Monitoring Improvement Accountability Assurance Compliance 10/10/2011 KOLO SAFETY INC 3

2 Slide 4 Criminal Code of Canada Bill C45 (Due-Diligence Bill) Adoption of Bill C45 into the Criminal Code of CANADA. How does one comply with the criminal code of Canada, when our own provincial programs do not comply. (No 3 rd Party Audit or Verification is done on either courseware or testing.) Specifically when it comes to Hoisting & Rigging in Canada. 10/10/2011 KOLO SAFETY INC 4 Slide 5 Due - Diligence What is Due-Diligence? Definitions: Due; appropriate; appointed or expected to do or arrive. (Something Due or Owed) Diligent; industrious; done with proper care and effort (Diligently) Safety Requires Due-Diligence in order to save lives. All of Alberta s Workplace fatalities were 100% preventable. 10/10/2011 KOLO SAFETY INC 5 Slide 6 Competent What is Competent? Definition: Competent; capable; adequate; with enough skill for; legally qualified Competency; (law) the capacity to testify in court. Worker Competency needs to have objective evidence to prove that the worker is competent to perform the specific tasks required by the employer. 10/10/2011 KOLO SAFETY INC 6

3 Slide 7 Monitoring Monitoring is necessary to maintain due diligence and competency. Other Prof. Industries require updating of knowledge and skills on a regular basis in order to maintain their licenses to practice. Most Industrial Corporations are failing to produce an effective monitoring process to ensure work site safety & worker competence. (Utilize Consultants etc ) Often once training is done there is no monitoring done to ensure the training has been applied in the workplace. 10/10/2011 KOLO SAFETY INC 7 Slide 8 Improvement Manufactures take care of equipment improvement and compliance with current manufacturing standards. Worker improvement relies on themselves and the Employer. On going education and upgrading of knowledge and skills are must if you want to have a safe successful business. How does an Employer improve their workers skills and knowledge? There are creditable training sessions available through a few Safety Associations, but there needs to be more. 10/10/2011 KOLO SAFETY INC 8 Slide 9 Accountability Both the Employer & the Worker are held accountable for providing a Safe Work Site. The Employer provides safe equipment, PPE, trained and competent workers, a safe site and policies and procedures for required tasks. The worker must use, maintain, store & inspect the equipment in accordance to Manufacturers Specifications. Use appropriate PPE, follow all policies and procedures as required to complete the task safely. The Employer must document and monitor the worker in order to have complete accountability. 10/10/2011 KOLO SAFETY INC 9

4 Slide 10 Assurance How does one provide assurance of a safe task or lift? Equipment: Documented Inspections, certifications, repairs, maintenance performed, near misses, etc Operator: Documented lift plans, practical evaluations and theoretical testing on the specific crane or equipment that they will be operating and possibly a medical and eye exam. Site: Documented Hazard Assessments and Risk analysis and possibly a formal lift plan. 10/10/2011 KOLO SAFETY INC 10 Slide 11 Compliance To be compliant to the criminal code of Canada The employer and the employee must work together and be able to communicate on a level that will eliminate an opportunity for a preventable injury or death to occur. Provide objective evidence that all safety requirements are being met, including inspections, training, operating etc This cannot just be in a Company Safety Manual it has to actually happen on the work site and evidence to show the employer and employees due-diligence. 10/10/2011 KOLO SAFETY INC 11 Slide 12 Real Life Does an Alberta Certified Journeyman Certificate prove that the worker is competent to perform the required task? No! Why? Competency must be deemed on a daily basis due to skill, knowledge, experience,changing and unpredictable factors in each workplace. Would it be wise to let a crane operator who has lifted nothing but pipe for 20 years, start making lifts he has never done before in a different industry? 10/10/2011 KOLO SAFETY INC 12

5 Slide 13 What This Means Canada needs to be more diligent in the following areas: (Pro-active & re-active) Worker Competency (Equipment & Site Specific) Trainers; (Who is Qualified and what qualifies them) Courseware used to train workers Where did it come from? Is it current and has it been audited by a Creditable 3 rd Party to ensure the accuracy and compliance to applicable technical standards. Should our Trainers be our Testers? No! A 3 rd Party Creditable Tester provides more due diligence when testing for competency. 10/10/2011 KOLO SAFETY INC 13 Slide 14 What this Means Cont Equipment Inspection & Certification Who is Qualified to Inspect Equipment? Who Verifies their qualifications? Who is Qualified to train operators? Who Verifies the trainers qualifications? What Courseware is to be used? Who verified and audited the courseware? What is a Lift director? Who Fills out the lift plan and are they required for all critical lifts? 10/10/2011 KOLO SAFETY INC 14 Slide 15 Next Steps It appears that there are holes and inconsistency in our Provincial Programs for Hoisting and Rigging. Harmonization of the Western Provinces would be a benefit to all involved. How do we achieve harmony with all Western Canadian Provinces? 10/10/2011 KOLO SAFETY INC 15

6 Slide 16 Canadian Crane Council We need a body that will be able to : Review and Edit Submitted work instructions for each provinces in order to Harmonize the regulations. Develop Programs for Licensing of Lifting Equipment Inspectors, Lift Directors and Trainers. Testers. All Western Provinces stakeholders and regulators will need to be involved to make up this body. Recommend a Virtual Council where 90% of the work is done on line. 10/10/2011 KOLO SAFETY INC 16 Slide 17 How to Harmonize Reference Technical Standards and write specific instructions or exceptions that would suit each province involved. Example: For The Rigging Hardware portion of the document one would reference ASME B30.26 Alberta exception to the standard; all hardware must be rated at -40 degrees Celsius. (The ASME only requires the temperature rating to be 20 degrees F. We have had shackle failures due to temperatures and we need lower temp ratings to ensure a safe lift.) 10/10/2011 KOLO SAFETY INC 17 Slide 18 Why Harmonize To Save Lives To cut un-necessary red tape Share in the knowledge and experience between the provinces. Competent, Qualified Crane Operators need to cross boarders due to the demand in Western Canada. To have no more preventable deaths in the future workplace. The Generation Gap is Here We need experience to perform the future lifts of this country. 10/10/2011 KOLO SAFETY INC 18

7 Slide 19 Canadian Crane Council There will soon be a web site for the Canadian Cane Council or Canadian Crane Safety Council If you feel this is going in the right direction please log on and make your comments. We need to prepare for a very young inexperienced workforce and less about the dollars we can save on wages. Most of our experience workforce will be re-tiring with-in the next 10 years. 10/10/2011 KOLO SAFETY INC 19 Slide 20 Final Word I will continue to volunteer at my own expense on the CSA Technical Committees. ASME B30 Subcommittees CSA Liaison to the ASME B30 Committee. Alberta Association of Hoisting Safety (Executive Member & Secretary) Last but not least I will continue to take all the s and calls direct from the owner or operator and if I do not have the answer, I will find it for you, right from the horses mouth (Mfg). 10/10/2011 KOLO SAFETY INC 20 Slide 21 Thank You for your Time Lisa Olver President of KOLO Safety Inc & KOLO Holdings Inc. Material Handling Specialists Inspection & Certification Training & Monitoring Programs PH: th Avenue (Box 144) Lindale, Alberta, T0C 1W0 10/10/2011 KOLO SAFETY INC 21