smacnabc@smacna-bc.org
Select an issue month: February 05 December 04 October 04 July 04 February 04 January 04 September 03 April 03 February 03 June 02 December 01 November 01 August 01 June 01 March 01 December 00 November 00 September 00 July 00 May 00 January 00 February 99 January 99 December 98 November 98 October 98 September 98 August 98 July 98 June 98 May 98 April 98 March 98 February 98 January 98 December 97 Novemember 97
WAITING FOR THE BITE OF BILL C-45
Source: Journal of Commerce
By: Jackie Brown
Some say it will lead to an increase in criminal prosecutions against those involved in workplace accidents; others say its bark is worse than its bite. In the final analysis, one thing is for certain: Bill C-45 serves notice to everyone on a construction site of the critical need to understand and abide by safety rules and regulations.
Domenico Fantini found that out the hard way, when he was charged in August, 2004 with criminal negligence causing death after one of the two workers he was supervising died when a trench collapsed. Fantini, a resident of Newmarket, Ont., was the first person charged under the Bill’s provisions. The charges could result in thousands of dollars in fines and, possibly, a jail term.
Not surprisingly, many in the construction industry are anxiously awaiting the outcome of the Fantani case. But, says Grant McMillan, president of the Council of Construction Associations (COCA), whether or not Bill C-45 has “teeth” really isn’t the point. The focus, he says, should be on avoiding ever being investigated and charged in the first place.
“The best defense is to practice due diligence at all times,” he said. “For workers, that means following the directions and instructions of site supervisors and not engaging in dangerous behavior; for supervisors, it means understanding health and safety regulations and making sure workers are trained and properly supervised; and for owners and managers it means being aware of all Workers’ Compensation Board requirements for setting up health and safety programs and the liabilities involved for non-compliance.”
This is where the Construction Safety Association of B.C. (CSABC) can play an important role, says McMillan, noting that the association’s program (established by COCA) offers courses for supervisors, owners/managers, and workers that include a specific focus on meeting due diligence requirements.
“Our Safety STAR courses (Safety, Training, Accountability, Recognition) put everyone in a much better position to deal with their safety responsibilities and, as such, greatly reduce vulnerability to any kind of investigation or prosecution.”
Bill C-45 is an amendment to the Canadian criminal code which took effect in April, 2004. It is a response to the Westray mining disaster of 1992, when 26 Nova Scotia miners were killed in an explosion. More than 50 charges were laid against the mine’s owner and managers but eventually all were dropped, in large part due to the difficulty associated with proving criminal intent against a corporation as opposed to individuals. In a nutshell, the Bill attempts to remedy the problem by expanding the scope of corporate criminal liability to include virtually anyone who works for or who is associated with a company – including construction owners, supervisors, foremen, and workers – and, equally important, by placing a legal duty on those who “undertake or have the authority to direct how another person does work or performs a task” to take reasonable steps to ensure that others aren’t harmed by the work or task. In the case of an accident, not only can a person with authority be charged, but also his or her supervisor, co-workers, and the company owners.
Although the Bill was established with corporate prosecution in mind, and according to many analysts will likely be reserved for the most serious cases, its provisions shouldn’t be taken lightly, McMillan says.
“I think it does criminalize health and safety and it does broaden the application of provincial legislation by providing another avenue of prosecution beyond the WCB.
For example, a worker on a construction site who removes a protective cover over a hole, as well as the warning signs around it, could be investigated by both the WCB and the police, as could the worker’s supervisor and the project owner. Each prosecution will reveal more about the Bill’s impact.”
In the meantime, he adds, owners and supervisors especially – many of whom are worried about the impact of C-45 and have expressed the need for specialized training – would be well-advised to look into CSABC courses that are available throughout the province at a very reasonable cost. “CSABC provides a living, breathing program that promotes hands-on training, not just paper instruction,” McMillan said, noting that enrolling in the program (which was developed in close consultation with the WCB) is also considered a part of meeting due diligence requirements.
For more information about CSABC courses now available in your area, contact 604-241-7677; email courses@csabc.ca, or visit www.csabc.ca.
SMACNA-BC is proud to be a member and contributor to COCA and the CSABC.
As previously reported
BUSINESS MANAGEMENT PROGRAM: ADVANCED SHEET METAL ESTIMATING
April 14, 2005
Sheraton Hotel – Guildford 15269 104th Avenue, Surrey
Are you tired of estimating jobs and not getting them? Do you wish the jobs you do get would be more profitable? Ever wonder if there is an easier way to procure profitable work? If you answered “yes” to any of these questions, then the Advanced Sheet Metal Estimating program is for you. This program will help estimators think differently about the estimating process and how to approach each opportunity realistically. We will help estimators to not just look at the estimate as a number but more as a process from job inception to job completion. This program will also help attendees to think more as a “business person” and to take more of a big picture approach to the estimation process rather than just doing takeoffs and providing numbers.
On Thursday, April 14, 2005, SMACNA-BC is presenting the Supervisory Training Program Advanced Sheet Metal Estimating at the Sheraton Guildford Hotel in Surrey. The instructor Kevin Dougherty has been speaking to the construction industry for over 15 years. Kevin represents a changing industry – aggressive, realistic, and open-minded. Kevin’s work and education experience enable him to relate to today’s problems and provide tangible solutions in and easy-to-listen style. He has taught thousands of people in various seminars. His clients base ranges from family-owned businesses to corporate conglomerates.
The program is targeted towards Estimators, Estimating Captains, Operations Managers, and Individuals with Estimating Experience. For more information about the Advanced Sheet Metal Estimating program, contact the SMACNA-BC office, phone (604) 299-4641, fax (604) 299-9304, e-mail smacnabc@smacna-bc.org
LOCAL 280 PENSION PLAN
By: Rick Baty, SMWIA Local 280 Retiree, SMACNA-BC Life Member
This is a view of my personal pension plan so it will be clear to all those who are and are not members of this plan what is waiting at the end.
In 1960 I started my apprenticeship (5 yrs). In1962 the union asked if I wanted to join as the initiation fees were going to triple in the coming month. So at that time I joined the union just to save myself some money down the road as I was apprenticing for a union company. On April 1, 1964 the pension plan came into effect at the contribution rate of .05 cents per hour. At that time, I thought that I could certainly use that cash in my pocket more than in a pension plan that I might be lucky enough to collect in eons from that time. Then came April 1,1965 and another .06 cents per hour increase and in April 1966 yet another .05 cents per hour increase. I thought, no, I knew that I could use that money on my paycheck as by that time I had a wife, a daughter, and a mortgage. But I also thought that the older sheet metal workers could use some extra funds too, but not quite so much. In 1989 I left the union and became an associate member. My employer would have to contribute $1.065 per hour. I looked around to see if I could find comparable coverage for the same cost. I decided to stay with the Sheet Metal Workers Local 280 Pension Plan. This has turned out to what I think was a great decision for my family and myself. Here is my reasoning:
From 1962 to 1989 as a member then from 1989 to 2003 as an associate member my employers have contributed on my behalf a total of $81,881.00. This figure includes credits for every hour I worked up to 1989 as a member including those over the required 1200 hours needed to qualify for a years service, some of those years were over 2100 hours. After 1989, when I was an associate my contributed hours were set at 1800 hours per year. I have now completed my first year of retirement and at the current rate of my pension, without considering interest on the principal amount I will recover the total amount of the contributions made on my behalf in 3.17 years.
Every year beyond the 3.17 years that I live will be a bonus. When I pass on, every year after that my wife lives is also a great bonus.
I write this to show the young apprentices and journey persons that having all those funds contributed to the pension plan instead of in your pocket does pay off with huge dividends in the end.
I would like to thank Shawn Boivin, Health Benefits Administrator, for researching my personal plan information.
SHEET METAL WORKERS’ TRAINING CENTRE SOCIETY
WINTER UPGRADING 2005
Upgrading Classes at the Sheet Metal Workers’ Training Centre Society are open to Local 280 members. No registration fee is required. To register contact Cindy at (604) 291-0656 or smwtc@telus.net.
Take advantage of programs specifically created by union sheet metal workers for union sheet metal workers:
(including applications of Trig & related sheet metal formulas)
Instructor: Bob Pascuzzi
February 15 – March 1, 2005, Tuesdays and Thursdays, 5:30 – 8:30 pm
5 sessions
Instructor: Danny Jay
February 15 – March 10, 2005
Tuesdays and Thursdays, 5:30 – 8:30 pm
8 sessions
GAS VENTING
Instructor: Graham Turnbull
March 8 - 31, 2005
Tuesdays & Thursdays
5:30 - 8:30 pm
7 sessions
SMACNA-BC’S 36th ANNUAL GENERAL MEETING & CONVENTION
May 12 – 15, 2005
Delta Ocean Pointe Resort, Victoria BC
Watch the mail for information on SMACNA-BC’s 36th Annual General Meeting & Convention. Be sure to join us May 12 - 15, 2005 at the Delta Victoria Ocean Pointe Resort and Spa in Victoria, BC. The weekend will consist of fun, excitement, entertainment and games.
Information and registration forms will be arriving soon!
UPCOMING EVENTS
FEBRUARY 2005
2. - Groundhog's Day
8. -
14. - St. Valentines Day 16. - 17. - BC Construction Show / Buildex 22. - Joint Conference Board Meeting 5:00pm, SMWIA Local 280 Board Room MARCH 2005 8. - Board of Directors' Meeting 4:00 pm, SMACNA-BC Board Room 17. - Lower Mainland Dinner Meeting Executive Plaza Hotel - Coquitlam 5:30 pm Reception / 6:00 pm Dinner 17. - St. Patrick's Day 25. - Good Friday - Statutory Holiday 27. - Easter Sunday 28. - Easter Monday - Statutory Holiday 29. - Joint Conference Board Meeting 5:00 pm, SMWIA Local 280 Board Room
16. - 17. - BC Construction Show / Buildex
22. -
MARCH
17. - Lower Mainland Dinner Meeting Executive Plaza Hotel - Coquitlam 5:30 pm Reception / 6:00 pm Dinner
17. - St. Patrick's Day 25. - Good Friday - Statutory Holiday 27. - Easter Sunday 28. - Easter Monday - Statutory Holiday 29. - Joint Conference Board Meeting 5:00 pm, SMWIA Local 280 Board Room
29
APRIL 2005
12. -
14. - Business Management Program: Advanced Sheet Metal Estimating; Sheraton Hotel - Guildford 21. - Lower Mainland Dinner Meeting Executive Plaza Hotel - Coquitlam 26. - Joint Conference Board Meeting 5:00pm, SMWIA Local 280 Board Room MAY 2005 8. - Mother's Day 10. - Board of Directors' Meeting 4:00 pm, SMACNA-BC Board Room 12 - 15. - SMACNA-BC's 36th AGM & Convention Delta Ocean Pointe Resort, Victoria, BC 23. - Victoria Day - Statutory Holiday
21. - Lower Mainland Dinner Meeting Executive Plaza Hotel - Coquitlam
26. -
MAY
8. - Mother's Day
10. -
