Safety. After working through this lesson, you should be able to:

Transcription

1 Safety The summaries and their associated interpretations contained in this document are for general information only, not legal advice. To interpret or apply the law, you must consult the legally enforceable documents (Acts, Regulations, Agreements etc...). This information is provided as is, without representation or warranty. The College of Alberta Professional Foresters will not be responsible for any loss or damage arising from your reliance on this information. These summaries and interpretations are provided for your personal or educational use; it cannot be reproduced for commercial distribution. Worker, traffic and public safety is managed under several Acts and associated regulations. This module will help you understand the requirements under Alberta s Occupational Health and Safety (OHS) legislation as well as Traffic Safety. After working through this lesson, you should be able to: Describe OHS requirements as they pertain to forestry operations; Describe your rights and obligations with respect to traffic safety and highway usage in the province; Outline the safety equipment required for the different vehicle types (commercial, log haul, offhighway). Reference materials for this unit: 1. (SK) Occupational Health and Safety Act a. (SK) Occupational Health and Safety Regulation b. (SK) Occupational Health and Safety Code 2. (SK) Traffic Safety Act a. (SK) Commercial Vehicle Dimension and Weight Regulation b. (SK) Commercial Vehicle Safety Regulation c. (SK) Off-Highway Vehicle Regulation d. (SK) Vehicle Equipment Regulation 3. (SK) National Safety Code (Standard 10: Cargo Supplement) Version 1 (January 2015) 1 of 13 Return To The Beginning

2 Occupational Health and Safety Act (O-2, RSA 2000) Current as of October 1, 2013 The OHS Act seeks to ensure safe and healthy workplaces by outlining the rights and responsibilities of workers and employers throughout Alberta with respect to workplace hazards. It defines the obligations and rights of employers and workers, and establishes the authority and powers of government Occupational Health and Safety Officers. Importance to the Practice of Forestry: As a worker, the OHS Act requires you to work safely and cooperate with your employer by following the health and safety rules for the job. The Act also has specific safety requirements you must follow. Employers must do everything reasonable to protect the health and safety of the workers. Sections Important to Foresters: Foresters should be generally aware of the authority of the Act and should know the following: Section 2: Employers must ensure the health and safety of workers and ensure workers are aware of their duties and responsibilities. Workers must protect the health and safety of themselves and other workers. Sections 8-12: Outlines the powers of the OH&S officer to inspect a worksite and ensure work is being carried out in a healthy and safe manner. Section 18: Certain injuries and accidents require notification and formal investigation and reporting. All serious accidents with the potential of causing serious injury to workers require an investigation and report. Section 31: The Minister may require a joint work site health and safety committee be established for hazard assessment, education and other duties. Section 32: Outlines the requirements of a written health and safety policy. Section 34: A Director may issue an acceptance if an alternative tool, appliance, equipment, work process, first aid service or first aid supplies or equipment provides equal or greater protection than that provided for by the regulations or adopted code. Section 35: No worker shall carry out any work if, on reasonable and probable grounds, the worker believes there exists an imminent danger to their health or safety. The employer must be notified as soon as practicable, investigate, and eliminate the hazard. The appeal process is outlined. Sections 36-37: No person shall dismiss or take any other disciplinary action against a worker by reason of that worker acting in compliance with the Act, regulations, code or order. Disciplinary action can be appealed to the Occupational Health and Safety Council and further, to the Court of Queen s Bench. Section 41: Offences and penalties Document summary updated January 2014 Version 1 (January 2015) 2 of 13 Return To The Beginning

3 Version 1 (January 2015) 3 of 13 Return To The Beginning

4 Occupational Health and Safety Regulation (AR 62/2003) (Occupational Health and Safety Act) With amendments up to and including Alberta Regulation 182/2013 Importance to the Practice of Forestry: Sections Important to Foresters: Document summary updated January 2015 Version 1 (January 2015) 4 of 13 Return To The Beginning

5 Occupational Health and Safety Code (AR 187/2011) (Public Lands Act) 2009 The OHS Code contains detailed technical requirements in support of the OHS Act and Regulation to create safe and healthy workplaces. There are sections applicable to all industries, including forestry. It establishes hazard assessment, elimination and control as a critical first step. In some cases, the provisions specify an objective requirement which allows the use of creative options. In other cases, the provisions specify precisely what is required. These provisions must be met in order to remain in compliance. Importance to the Practice of Forestry: The Code describes the requirements for specific activities such as felling and bucking, as well as more general topics such as working alone and WHIMIS. Sections Important to Foresters: The following sections are of general concern. Employees should consult the code to identify specific requirements and for details on areas of specific concern to them. Part 2: Hazard Assessment Employers must identify existing or potential hazards before work begins at a work site and must ensure that workers are informed of the hazards and how to control the hazards. Part 4: Chemical Hazards, Biological Hazards and Harmful Substances If a worker is present at a work site where chemicals harmful to the eyes or skin are used, the employer must ensure that the worker has immediate access at the work site to emergency baths, showers, eye wash equipment or other equipment appropriate for the potential level of exposure. An employer must ensure that a harmful substance used or stored at a work site is clearly identified and is used and stored in a safe manner. Part 7: Emergency Preparedness and Response Employers must establish and maintain an emergency response plan for responding to an emergency that may require rescue or evacuation. Part 8: Entrances, Walkways, Stairways and Ladders Employers must ensure that every worker can enter a work area safely and leave a work area safely at all times. Employers must ensure that all workers are familiar with escape routes from the work area. Part 11: First Aid Employers must provide first aid services in accordance with the applicable requirements of Schedule 2. Employers must put arrangements in place to transport injured or ill workers to the nearest health care facility. Workers must report the illness or injury to the employer as soon as practicable. Part 12: General Safety Precautions Employers must ensure that a work site is kept clean and free from materials or equipment that could cause workers to slip or trip. Employers must ensure that lighting at a work site is sufficient to enable work to be done safely. Version 1 (January 2015) 5 of 13 Return To The Beginning

6 Part 16: Noise Exposure Employers must ensure that all reasonably practicable measures are used to reduce the noise to which workers are exposed in areas of the work site where workers may be present. Part 18 (Section 228): Personal Protective Equipment If the hazard assessment indicates the need for personal protective equipment, employers must ensure that workers wear appropriate PPE and are trained in its correct use and maintenance. Part 27: Violence Employers must ensure that workplace violence is considered a hazard and develop policies and procedures to address potential occurrences. Part 28: Working Alone This applies if a worker is working alone at a work site, and assistance is not readily available if there is an emergency. Working alone is considered a hazard for the purposes of a hazard assessment. Part 34: Forestry Felling and bucking, operator protective structures, road warnings, partially cut trees, logging trucks, and traffic safety. Document summary updated January 2015 Version 1 (January 2015) 6 of 13 Return To The Beginning

7 Current as of December 17, 2014 Traffic Safety Act (T-6, RSA 2000) The Traffic Safety Act governs road traffic and transportation issues in Alberta. Importance to the Practice of Forestry: It is important to have a general understanding of your rights and obligations with respect to traffic safety and highway usage in the province. The Act deals primarily with private vehicles, commercial vehicles (including log haul) and off-highway vehicles (including ATVs and snowmobiles). Sections Important to Foresters: The following sections are of general concern. Forestry practitioners should consult the legislation to identify specific requirements and for details on areas of specific concern to them. Section 1: Definitions: commercial vehicle (h), highway (p), and vehicle (ww) Section 30-32: The Alberta Transportation Safety Board may conduct reviews into a person s ability to operate a motor vehicle, and may disqualify the person from driving, prescribe remedial education or treatment, or place conditions on the operator s license. Section 51-54: Unless otherwise authorized, no person shall drive a vehicle without a license, drive a type of vehicle that is not authorized by the driver s license, act contrary to any conditions or restrictions on a license, drive without having the driver's license in their possession, operate a vehicle without valid registration, or drive a vehicle without valid insurance. Sections 65 & 66: No person shall drive a vehicle that does not comply with vehicle and equipment standards, is not maintained, and is not used in an appropriate manner. A peace officer may inspect a vehicle to ensure compliance and can remove the vehicle from operation until it is rendered safe to operate. Section 69: Where an accident occurs, the driver shall remain at the scene, render all reasonable assistance, and produce their name and address, driver's license number, and other pertinent information. Section 106: Subject to a prescribed speed limit, 80 kph is the maximum speed limit for a forestry road and a license of occupation road. Section 111: A driver using a highway shall obey the rules of the road. Section 115: A person shall not drive a vehicle contrary to the rules of road or regulations; drive without due care and attention; drive without reasonable consideration for other people; race, perform stunts or drive on a bet; permit anything to impede the driver s free access to the steering wheel, brakes and other equipment; exchange places with any other person when the vehicle is in motion; or drive at a speed that is greater than the maximum speed limit. Section 115 (2t & 4): A person shall not drive at greater than 60 kph or the speed limit, whichever is lower, if passing a stopped emergency vehicle or tow truck when its flashing lamps are operating, when traveling on the same side of the highway. This does not apply if there are 2 Version 1 (January 2015) 7 of 13 Return To The Beginning

8 or more lanes for traffic moving in the same direction as the vehicle and there is at least one traffic lane between the driver s vehicle and the stopped emergency vehicle or tow truck. Section 117: Definitions: (a) off-highway vehicle (OHV). Section 118: When a person drives an OHV in a location other than a highway, certain sections of this Act still apply. Section 119: OHV s must be registered and insured for use. Section 120: No person shall drive an OHV without due care and attention; reasonable consideration for other persons or property; on a highway, except as permitted by this Act. An OHV driver may drive across a highway if the driver stops before driving on the highway, yields the right of way, and takes the safest but most direct and shortest route available. Sections 123 & 124: A peace officer may stop an OHV and request information from the driver and passengers for the purposes of administering and enforcing this Act. The driver may be requested to produce a driver's license, registration and insurance, within a reasonable time. Sections 126 & 127: Where an OHV accident occurs, the driver involved in the accident shall remain at the scene, render all reasonable assistance, and produce their name and address, driver's license number, and other pertinent information. A peace officer may seize any OHV in respect of which certain offences have been committed. Section 128: A municipality may make bylaws setting speed limits and requiring riders of OHVs to wear helmets. Section 131: No person shall operate a commercial vehicle without a safety fitness certificate; dump or unload on a highway any goods being transported; exceed the maximum allowable weight of the vehicle; drive on a bridge when the weight of the vehicle exceeds the allowable weight specified for that bridge; drive on a highway with a road ban where the vehicle weight exceeds that allowed under the ban; or operate a vehicle that exceeds the prescribed dimensions. Section 132: The Registrar may suspend or cancel any safety certificate issued, if the carrier is contravening any transportation legislation. Section 135 & 141: A peace officer may stop, detain, enter and inspect a commercial vehicle and inspect any goods or records being carried by the vehicle. Section 148: When a peace officer determines that the weight of a commercial vehicle exceeds the weight permitted, the officer may require the weight to be redistributed or removed. Document summary updated February 15, 2014 Version 1 (January 2015) 8 of 13 Return To The Beginning

9 Commercial Vehicle Dimension and Weight Regulation (AR 315/2002) (Traffic Safety Act) With amendments up to and including Alberta Regulation 58/2014 This regulation outlines the requirement for, and appropriate use of, safety equipment, and the required signage for commercial vehicles. Importance to the Practice of Forestry: Log haul represents one of the largest risks to public safety. This regulation is of particular importance to those involved in log haul operations and safety assurance programs. Sections Important to Foresters: Section 4: Maximum allowable dimensions Section 9: Maximum allowable weight Section 11: Commercial vehicles crossing bridges Section 12: Road bans Section 13: Sections 4 and 9 do not apply to license of occupation (LOC) roads Document summary updated February 15, 2014 Version 1 (January 2015) 9 of 13 Return To The Beginning

10 Commercial Vehicle Safety Regulation (AR 121/2009) (Traffic Safety Act) With amendments up to and including Alberta Regulation 78/2013 The Commercial Vehicle Safety Regulation adopts National Safety Code Standard 10 (Cargo Securement as the standard for securing cargo in Alberta. It applies to commercial vehicles registered for 4,500 kg or more. Importance to the Practice of Forestry: Sections Important to Foresters: Section 17: Cargo securement Document summary updated January 2015 Version 1 (January 2015) 10 of 13 Return To The Beginning

11 Off-Highway Vehicle Regulation (AR 319/2002) (Traffic Safety Act) With amendments up to and including Alberta Regulation 166/2012 This Regulation establishes the equipment and registration requirements on public lands for off-highway vehicles (OHVs), including ATVs and snowmobiles. Importance to the Practice of Forestry: All private citizens and companies operating OHVs on public lands must comply with this Regulation. Additionally, OHVs are used extensively in forestry field operations. This Regulation is of particular importance to those conducting or supervising forestry practices while utilizing OHVs and those involved in safety assurance programs. Sections Important to Foresters: Should be aware of the Act and Regulation in general terms. Section 2: Prohibitions Sections 4-9: Use of headlamps and other equipment Section 13: Application Section 18: License plates Document summary updated January 10, 2007 Reading: Queen's Printer Version 1 (January 2015) 11 of 13 Return To The Beginning

12 Vehicle Equipment Regulation (AR122/2009) (Traffic Safety Act) With amendments up to and including Alberta Regulation 170/2012 This Regulation covers the use of flashing lights on vehicles. Importance to the Practice of Forestry: Identifies which types of vehicles can use flashing lights, including vehicles used for forestry inspections. Sections Important to Foresters: Pay particular attention to Division 4. Document summary updated February, 2014 Version 1 (January 2015) 12 of 13 Return To The Beginning

13 National Safety Code (Standard 10: Cargo Supplement) June 2013 The National Safety Code was developed by the federal, provincial and territorial governments to achieve consistent safety standards across Canada. Standard 10 forms part of Alberta s Cargo Securement Regulation which applies to commercial vehicles only (e.g., logging trucks). This standard is of particular importance to those involved in log haul operations. Importance to the Practice of Forestry: Log haul represents one of the largest risks to public safety. The standard outlines the specific requirements for securing loads to commercial vehicles to ensure they do not shift, move or spill onto the roadway. Sections Important to Foresters: Section 3 (Inspections): A driver shall inspect the vehicle to ensure equipment is secured. The cargo and cargo securement system shall be inspected and adjusted a) before driving the vehicle, b) not more than 80 km from the point where the cargo was loaded, c) where there is a change of duty status of the driver, d) when the vehicle has been driven for 3 hours, e) when the vehicle has been driven for 240 km, and f) if transporting logs, before entering a highway from a private road. Sections 4-6 (General Performance Criteria / Cargo Securement Systems): A driver must ensure that cargo is contained in accordance with this Standard, so that it cannot be dislodged from the vehicle, or shift to such an extent that the vehicle s stability or maneuverability is adversely affected. The securement system used to contain cargo shall be appropriate, of good quality, in working order and meet performance criteria. Section 29: A vehicle transporting logs shall be appropriate for such transportation. Section 30: Logs shall be solidly packed on a vehicle. The highest outside log on each side of the vehicle shall be lower than the tops of the bunks or stakes. Section 39: A stack of longwood loaded lengthwise on a vehicle, other than a pole trailer, shall be secured by 2 or more tiedowns. Sections (Dressed Lumber): Securement requirements for dressed lumber. Document summary updated February 15, 2014 READING: CCMTA Version 1 (January 2015) 13 of 13 Return To The Beginning