The Case for Defensible Training
WorkSafeBC levies largest fine ever for lack of training and supervision
The Case for Defensible Training - Download this article (PDF)
Training and supervision of employees are very important issues that if not properly addressed can have devastating consequences. This article details what happened when one BC company failed to properly train a crane operator. It also offers suggestions on what you can do to ensure that your company will never face such a situation.
On the morning of January 21, 2008, in Richmond, B.C., construction of the Canada Line, a rail link from downtown Vancouver to the municipality of Richmond and Vancouver International Airport, was proceeding full speed ahead. Much of the activity was centered on the construction of a span over the north arm of the Fraser River.
Among the workers on the site was Andrew Slobodian, a 22-year-old apprentice ironworker and an employee of SNC-Lavalin Constructors (Pacific) Inc. in Vancouver. He was using a nine-tonne mobile crane to install bike path components onto the bridge.
As an apprentice, he had minimal practical or theoretical knowledge of how to operate a crane, and as he began swinging a load over the side of the bridge, the crane began to tip over on the driver’s side. Slobodian tried to escape from the cab but was pinched between the crane and the guide-way of the bridge. He was killed instantly.
If you live in B.C., you are probably aware of that fatal accident. Even if you don’t live in the province, there are some sobering lessons to be learned from this incident involving a large company, a small nine-tonne mobile crane and a young inexperienced operator.
Scathing Inspection Report
On July 14, 2008, WorkSafeBC issued to the company a scathing inspection report that contained a long list of health and safety violations that contributed to the accident, including:
- Overloading of the crane
- Insufficient training and experience of the operator
- Insufficient supervision of the work
- Load weights not clearly presented
- No effective system to measure operating radius
The employer was found to be not following its own safe work practices, including:
- Follow-up in document control was not maintained
- Supervisors were not knowledgeable in crane regulations
- Training on the crane was not adequate
The report determined that in addition to Slobodian not being "competent or adequately trained", the foreman was "not adequately trained or experienced enough to safely supervise a crane operator," and was preoccupied with other duties and "did not adequately plan or supervise the work." Roberta Ellis, WorkSafeBC’s vice-president of investigations, said that Slobodian had an "absolutely unreasonable amount of training."
The company claimed 90 minutes had been spent on training Slobodian and a co-worker; the co-worker said it was 20 minutes. Even at 90 minutes, it would have been woefully short of adequate.
The company said that Slobodian had been the designated crane operator for five months, but the investigators could only find records for 31 days of experience in performing hoisting operations.
The report observed that "further enforcement action may be appropriate ... (which) may include administrative penalties against this firm." WorkSafeBC penalizes where there has been a lack of due diligence by the employer that has resulted in a serious injury or death.
Severe Penalties Imposed
On July 24, 2009, WorkSafeBC issued two updated reports that imposed administrative penalties:
- $233,535.58 imposed on the employer of the deceased worker, SNC-Lavalin Constructors (Pacific) Inc. & Rizzani de Eccher Inc., a joint venture doing business as RSL Joint Venture
- $81, 808.13 imposed on the prime contractor of the Canada Line project, SNC-Lavelin Constructors (Pacific) Inc.
The penalties are two of the highest ever imposed by WorkSafeBC, reflecting the seriousness of the violations and the resulting fatality. Among the specific reasons listed for the size of the penalties were that the employer had not maintained a safe workplace or safe working conditions, and did not exercise due diligence to prevent the circumstances.
"No penalties are adequate when a life is lost," Roberta Ellis said, "but we hope they can serve to motivate these employees and others to comply with the Occupational Health and Safety Regulations, particularly as it applies to training and supervision."
A Preventable Tragedy
There were many contributing factors to this tragedy, which the reports document in detail. The inadequate training issue could have been reduced or avoided altogether if the company had had five elements in place:
- A competency-based training design
- A rigorous course development system (i.e., adhering fastidiously to the competency-based structure)
- Consistently-delivered content driven by a formal training plan
- Full documentation of the development and delivery content and history
- Regular evaluation system of the training program to ensure learners were applying their new knowledge and skills to the job
In other words, a defensible training system.
What is "Defensible Training"?
Defensible training isn’t just about protecting the company and its decision-makers; good defensible training is built on a strong training foundation. It drives a training system that fully meets the learning requirements of the new operator and the safety and performance needs of the company.
If a defensible training system had been in place, chances of this accident ever happening would have been close to zero. With adequate knowledge and skills in place, the operator and the supervisor would have both understood the operating principles for a crane and recognized that the load was too heavy.
Even though this accident has cost a life and financial penalties, there is still one more shoe that could drop. In 2004, Bill C-45 amended the Criminal Code of Canada (Section 217.1). In the event of violations that result in injury or death, courts now have the authority to impose financial penalties upon individuals and corporations as well as significant jail time if deemed appropriate. Bill C-45 does not impact other legislation, including existing federal, provincial or territorial occupational health and safety statutes and regulations. It is a separate piece of legislation. Thus the Crown could still lay charges and if upheld, there could be more penalties and even jail time for the individuals who were in the chain of command at the time.
Time will tell.
- Courtesy of Jim Tallman, North Pacific Training
Is Your Training Defensible?
In the meantime, could a similar scenario take place in your company? Do you have a training system in place for each of your operator jobs that is:
- Competency-based
- Rigorously developed
- Consistently delivered
- Fully documented
- Regularly evaluated
If not, you and your employees are at risk. You should address these gaps without delay. Lyle & Associates can assist and advise you to ensure that your training programs are defensible.
For further information please contact:
Beth Lyle, Human Resources Consultant, Lyle & Associates
300 – 394 Duncan St. Duncan, BC V9L 3W4
(250) 746-4611
Email: help@lyleandassociates.ca
Website: www.lyleandassociates.ca
References:
A Plain Language Guide: Bill C-45 - Amendments To The Criminal Code Affecting The Criminal Liability Of Organizations
RSL Joint Venture Inspection Report
SNC-Lavalin Constructors (Pacific) Inc. Inspection Report
Canadian-owned and operated.