Whitehorse Daily Star

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Jeanie Dendys and Kate White

YG clarifies elevator safety regulations

Those working on or with elevators in the territory will be subject to clearer rules after a workplace incident earlier this year saw a worker suffer injuries from a fall.

By Palak Mangat on December 7, 2018

Those working on or with elevators in the territory will be subject to clearer rules after a workplace incident earlier this year saw a worker suffer injuries from a fall.

The Department of Community Services verified Monday that it had issued a policy change as of early last month that laid out more clearly some of the competency requirements for those hired to install or maintain elevators and fixed conveyances.

To determine the acceptable levels of necessary training for those hired, the policy shows that the department’s building safety and standards branch set out criteria to act as a guide in its decisions.

Among those are: the workers provide proof of completion of training as issued by either the International Union of Elevator Constructers (CEIEP) or the National Association of Elevator Contractors (CET).

The contractor can also be licensed or registered as an elevator or lift mechanic in another area within the country where such registration or licences call on its workers to have certification and training in the field.

It continued, clarifying that the work being done should fall within the scope of the person’s certifications or is directly supervised by a certified mechanic or technician.

Other certification and qualification as provided by the contractor or applicant that falls within the scope of the work that is being done should be deemed acceptable by the chief inspector, it adds.

Department spokesperson Breagha Fraser confirmed the change Monday, saying it will ultimately help in providing a safer workplace for those involved.

Elevator safety regulations were referenced in the legislature around late October. The NDP’s Kate White noted a workplace accident earlier this year had resulted in injuries.

She explained that what seems like “vague wording” of the regulation simply requires that contractors be capable of doing the work, but there seems to be little obligation for them to be certified or have specific training.

Community Services Minister John Streicker noted then that some of the rules around elevators were linked to federal regulations.

Then Jeanie Dendys, the minister responsible for the Yukon Workers’ Compensation Health and Safety Board, addressed the matter. She confirmed that the Oct. 24 incident in Whitehorse saw a worker suffer injuries in a fall and be transported to the hospital.

That occupational health and safety investigation is ongoing, she added, noting that workplace safety was “absolutely paramount” for the government.

“Every worker in every Yukon workplace has the right to return home each day in full health,” Dendys said.

The board’s officers work to support this by writing orders to enforce compliance, among other things.

White explained that incident highlighted the need to review the rules around elevators, as the “current void” can put workers at risk and there is a need to act urgently to prevent future accidents.

According to the board’s 2017 annual report, that year, it accepted just over 1,000 claims – up from the previous year’s 988.

Most of those claims were for injuries related to contact with objects and equipment (373), bodily reactions and exertion (357) and falls (180).

Meanwhile, the department’s policy change is applicable to the Elevator and Fixed Conveyance Regulations.

Sections seven and eight of that act in particular discuss the qualifications of the personnel. They note that the chief inspector must be satisfied with the applicant’s competence, ability, resources and knowledge.

It continues that the contractor should be capable of, or hire a mechanic or technician who is capable of, installing and maintaining each fixed conveyance.

White said that didn’t go far enough as it failed to make reference to an obligation for the employee to be certified or have specific training, such as other jurisdictions do. That was on Oct. 31, just days before the new policy kicked in on Nov. 5.

The operational policy, Fraser explained Monday, was shared with all affected parties by the chief inspector – who signed off on it, along with the manager of building and safety standards branch.

A board spokesperson confirmed Monday afternoon the investigation into the incident is ongoing, but explained that situations like these are rare.

Comments (11)

Up 0 Down 0

Mon Dieu on Dec 13, 2018 at 6:58 pm

@ Juanita - The Union is aware of the nepotistic cronyism that sustains the YTG structure but dismisses such concerns as the bi-product of a remote, northern locale.

The phenomenon is well understood and well-known. It’s an open secret that occasionally boils over but the Union helps to keep the lid on it. There are many friends washing many of their friends backs in the government. Good luck sorting that out!

It’s like trying to squeeze a 5 pound bag with 7 pounds of Schmidt in it any trying not to get any on you.

Up 8 Down 0

Contractor on Dec 11, 2018 at 4:33 pm

Yukoner, my comment was referring to safety and standards legislation, such as the elevator and fixed conveyance act. The government is addressing that legislation only after the accident occurred. I hope you're better at your job than you are at commenting.
Also, please re-read my comment. Nowhere did I blame any particular party, only The Yukon Government. This lack of action knows no party affiliation.

Up 3 Down 3

TakingStepsForChange on Dec 11, 2018 at 11:27 am

No point complaining about escalators here in the Yukon. I for one am taking steps to make a difference. I suggest a few others begin to think similarly.

Up 6 Down 0

Groucho d'North on Dec 11, 2018 at 10:23 am

"Laws are like sausages, it is better not to see them being made." Otto von Bismarck
First and foremost WCB is an insurance company and the sign on their marquee says 1600-something served this year.

Up 16 Down 4

juanita wood on Dec 11, 2018 at 9:57 am

Or is the investigation still ongoing so as to allow YG time to clean up any safety related issues FIRST before an inspection is conducted?

That seems to have been the case in a worker complaint that he/she got fired for refusing to drive a truck that had no brakes. In a report by OHS received through an ATIPP application, the investigator states (and I quote), "Did the employer perform maintenance on the equipment to ensure proper operation? Documentation received showed little alignment between manufacture specification guidelines and truck maintenance. On Nov 25, 2016 when the truck in question was examined, there was work completed to the truck INCLUDING NEW BRAKES, which was the worker's concern early in Oct 2016."

So we see here that the worker complained in early October, but OHS did not inspect the truck until Nov 25 conveniently allowing the employer to fix all safety issues first. The record also shows the Director OHS was meeting with the person who fired the worker outside of the workplace and prior to the inspection on the truck. Umm, really? Would that not be a conflict??? It certainly raises questions of propriety, imo.

The worker, of course, did not get his job back. Perhaps if the OHS people had conducted a TIMELY inspection, the true story would have come out.

Why would it take the OHS people over a month to conclude an investigation in this matter? The board should be asking that question of the administration and should analyze the response to see if it aligns AT ALL with the purpose of the legislation they are mandated to oversee.

Inspections should occur BEFORE the evidence is lost or removed (duh); evidence should be preserved even when it goes against YG (or other employer) so workers get the protection and/or compensation that the law provides for them.

Up 5 Down 0

Daffee Duck on Dec 10, 2018 at 9:30 pm

Speaking of elevators... There are many in the current administration whose elevators do not go all the way to the top floor... The irony, Jeanie Dendys...

Up 20 Down 4

juanita wood on Dec 10, 2018 at 7:57 am

A board spokesperson said the investigation is ongoing "but explained that situations like this are rare". Really? Who fed you that line?
I filed my complaint on March 5 and the results of the (unnecessary) investigation into my complaint were released on Nov 23. That is almost NINE months.

In my hearing before the board, the Director OHS stated while UNDER OATH, and I quote from the transcripts, "Q - Is this time frame to do an investigation within the normal range? A - It is (said the Director OHS). It's actually, from my experience, ahead of other investigations that have been done by my branch. Q - So most investigations take longer? A - Longer. Longer than that - within the year or so."

That statement was made under oath. However, the Director OHS lied to the board while under oath (as to when the safety officer was assigned to my complaint) and also intentionally misled the board to believe I had "chosen" the route of appeal, when in fact, it was the Director himself who specifically advised me as to the (wrong) route of appeal.

Bottom line: Do not trust OHS and/or WCB. It is clear the Board does not think independently or critically.

Up 5 Down 14

Yukoner on Dec 9, 2018 at 9:28 pm

@contractor - It's funny you mention updating all of our legislation. That's exactly what this government has been focusing on, updating legislation and fixing our infrastructure. As you say this is not sexy stuff, but its what has to be done. So far this government has updated the Coroner's Act, the Societies Act, the ATIPP Act, Equality of Spouses Act and I believe they are working on the Motor Vehicles Act. These are the ones that come to mind and for the record, yes I am one of the evil government workers that people love to hate. I have been for 8 years, so I pay attention to a lot of this stuff as part of my job. One more thing, the last Yukon Party government bought a $300.00 pair of giant scissors precisely for cutting ribbons. What does that tell you?

Up 14 Down 0

Your Vote Does Not Count As Much As on Dec 8, 2018 at 8:29 pm

@ Contractor - There is no such thing as being proactive in a political system. You should know this. If something is politically advantageous it will happen... Otherwise... Meh.
Look at me, look at me, look at me!

Up 19 Down 1

Max Mack on Dec 8, 2018 at 3:21 pm

Crafting law and policy around isolated events is a very bad way to govern.
How sad that our politicians and "leading lights" see workplace safety simply as a tool to advance their own self-serving interests, as a podium for mouthing virtue-signalling rhetoric all the while leading us evermore towards excessive regulation and authoritarianism.

Their nonsense platitudes about workplace safety bear no relationship to the real world. All sense of reasonableness has left the room.
Also, are there self-interested businesses pushing this change to secure their own market?

Up 22 Down 1

Contractor on Dec 8, 2018 at 9:15 am

Most if not all of the The Yukon’s legislation dealing with safety and standards are woefully outdated and inadequate. It took 5 people dying for the Yukon government to draft oil fired appliance legislation.
Why not be proactive for once? Well, because ripping apart legislation isn’t sexy, it doesn’t involve photo ops (looking at YOU Dendys) or ribbon cutting.
The government has no dearth of policy analysts, so what’s the excuse? Proper and complete legislation is not only supported by reputable and professional Yukon contractors, but it ensures safer installations for the public.

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