Update on Occupational Health and Safety Regulations Relating to Terrain Stability Work in the Forest Sector
On February 3, 2006 APEGBC became aware of an Inspection Report issued by WorkSafe BC to International Forest Products Limited dated Jan. 30,2006. This Inspection Report explicitly enforces Occupational Health and Safety (OH&S) Regulation 20.78, which stipulates that only Professional Engineers can develop forest road design measures prepared as part of a Terrain Stability Assessment (TSA) if field conditions meet any of the criteria defined in Section 20.78 of the OHS Regulations. This is in conflict with APEGBC’s position on the role of professional engineers practicing geotechnical/geological engineering, and professional geoscientists practicing engineering geology when engaged in carrying out the professional activities referenced in the report. APEGBC’s Guidelines for Terrain Stability Assessments in the Forest Sector specifically recognizes that both professional engineers and geoscientists can conduct terrain stability assessments for forest roads, including the preparation of forest road design measures provided they meet the professional qualification outlined in the Guidelines.
After meeting with WorkSafe BC, APEGBC submitted a letter to the organization that made short-term and long-term recommendations related to terrain and forest road issues with respect to forestry operations, and which include addressing the issue of Professional Geoscientists being able to carry out Terrain Stability Assessments (TSA) on forest roads. WorkSafe BC then contacted APEGBC and the Association of British Columbia Forestry Professionals (ABCFP) to consult with them on draft amendments to the Occupational Health and Safety (OHS) regulations. In response, APEGBC and ABCFP sent in a joint submission regarding the draft amendments to WorkSafe BC on July 4, 2007. A section of this submission included recommendations on Snow Avalanche Assessments that resulted from APEGBC’s meeting with the Canadian Avalanche Association.
Recently, APEGBC contacted WorkSafe BC regarding what amendments would be made following WorkSafe BC’s public hearings in June and its review of all the submissions made to them over the summer. APEGBC was informed that WorkSafe BC staff were recommending to their board of directors that it not proceed with the revisions covered in the APEGBC/ABCFP submission until some outstanding issues with the recreational industry (wilderness activities, such as heli-skiing, snow mobiling, etc.) regarding snow avalanche assessments and similar assessments are resolved.
When queried, WorkSafe BC staff recommended that those granted a Limited Licence in Engineering to carry out terrain stability assessments should keep their Limited Licence so as to not be challenged under Section 20.78 of OHS regulations, as the regulations from 2006 remain in place.
WorkSafe BC noted that it will be approximately a year before they can go back to their board with proposed changes to the relevant OHS regulations covered in the APEGBC/ABCPF submissions. This fall and winter, WorkSafe BC will be consulting further with the Canadian Avalanche Association, APEGBC, and ABCFP and other stakeholders. APEGBC is scheduling a meeting with WorkSafe BC to try to clarify this matter.