Danny Maron, owner/trainer of Ideal Forklift Training in Canada's national capital, is an independent consultant, providing the education lift truck operators require, to businesses and government, to minimise the chance of incidents in the workplace. Before founding Ideal in 2000, Danny was a trainer at Canada's largest forklift dealer.
After years of inadequate, insignificant and inappropriate legislation in the Canadian province of Ontario, the current provincial government is finally starting to grab the bull by the horns and amend the law pertaining to forklift safety. I cannot tell you how long I have been screaming and hollering for change. If you read my previous columns, you have come to realise my frustration with inadequate training, fly-by-night trainers, and the lack of forklift training enforcement by the province.
Inconsistencies among the trainers in this province will hopefully come to an end sometime next year. The provincial government set up a commission to inquire about the shortcomings of the Occupational Health & Safety Act, the law put forth by the Ministry of Labour, and to determine where changes can be made for the better. I was permitted to contribute in writing late in the process.
Some of the highlights of this Bill are as follows
[my comments in brackets]:
Administration of Act
4.1 (1) The Minister is responsible for the administration of this Act.
[Oddly enough, I guess the Ministry of Labour was not entirely responsible for this Act, and possibly the Workplace Safety Insurance Board (WSIB) had much control.]Powers of Minister
(2) In administering this Act, the Minister's powers and duties include the following:
1. To promote occupational health and safety and to promote the prevention of workplace injuries and occupational diseases.
2. To promote public awareness of occupational health and safety.
3. To educate employers, workers and other persons about occupational health and safety.
4. To foster a commitment to occupational health and safety among employers, workers and others.
5. To make grants, in such amounts and on such terms as the Minister considers advisable, to support occupational health and safety.
[You would think that this would have been in place already over many years.]3. The Act is amended by adding the following sections:
Standards - training programs
7.1 (1) The Chief Prevention Officer may establish standards for training programs required under this Act or the regulations.
Approval - training program
(2) The Chief Prevention Officer may approve a training program that is established before or after this subsection comes into force if the training program meets the standards established under subsection (1).
Standards - persons who provide training
7.2 (1) The Chief Prevention Officer may establish standards that a person shall meet in order to become an approved training provider.
Approval - persons who provide training
(2) The Chief Prevention Officer may approve a person who meets the standards described in subsection (1) as a training provider with respect to one or more approved training programs.
[About time, don't you think? Time to rid this province of the riff-raff pretending to be forklift trainers when all they do is show a film, give an open-book test and then issue a permit.]Collection and use of training information
7.5 (1) The Chief Prevention Officer may collect information about a worker's successful completion of an approved training program for the purpose of maintaining a record of workers who have successfully completed approved training programs.
Disclosure by training provider
(2) The Chief Prevention Officer may require an approved training provider to disclose to him or her the information described in subsection (1).
[So finally, the government is seeking the records of the trainees, if required.] Certification of members
7.6 (1) The Chief Prevention Officer may,
(a) establish training and other requirements that a committee member shall fulfil in order to become a certified member; and
(b) certify a committee member who fulfils the requirements described in clause (a).
Transition
(2) A person who is certified under paragraph 5 of subsection 4 (1) of the Workplace Safety and Insurance Act, 1997 on the date section 20 of the Occupational Health and Safety Statute Law Amendment Act, 2011 comes into force is deemed to be certified under this section.
[After 15 or so years, the government has finally decided to possibly establish forklift safety training protocols to ensure that all the pertinent information is delivered to the workers in a uniform manner.] Functions
22.3 (1) The Minister shall appoint a Chief Prevention Officer to,
(a) develop a provincial occupational health and safety strategy;
(b) prepare an annual report on occupational health and safety;
(c) exercise any power or duty delegated to him or her by the Minister under this Act;
(d) provide advice to the Minister on the prevention of workplace injuries and occupational diseases;
(e) provide advice to the Minister on any proposed changes to the funding and delivery of services for the prevention of workplace injuries and occupational diseases;
(f) provide advice to the Minister on the establishment of standards for designated entities under section 22.5;
(g) exercise the powers and perform the duties with respect to training that are set out in sections 7.1 to 7.5;
(h) establish requirements for the certification of persons for the purposes of this Act and certify persons under section 7.6 who meet those requirements;
(i) exercise the powers and perform the duties set out in section 22.7; and
(j) exercise such other powers and perform such other duties as may be assigned to the Chief Prevention Officer under this Act.
[This is worrisome due to the fact that whoever is appointed is probably very far removed from the current forklift training practices throughout the province. How can a bureaucrat determine what he/she should mandate without ever experiencing what I do every day? Is this person going to rely on union officials, forklift dealers' senior management, or unscrupulous business owners who support these unscrupulous trainers?] Advice of Prevention Council
(4) The Chief Prevention Officer shall consult with the Prevention Council and shall consider its advice in developing the strategy.
[I will save the taxpayers a lot of money. Forget about paying a bunch of government workers and hire me as a consultant. I will feed them the facts objectively, and let them come to realise what should take place in this province. One does not need a council to establish training standards. Let them spend the day with me, and I will give them a name of a competitor, and let them make their decision from there.] Annual report
(8) The Chief Prevention Officer shall provide an annual written report to the Minister on occupational health and safety that includes a measurement of the achievement of the goals established in the strategy, and that contains such other information as the Minister may require.
[Stop spending the money foolishly. Establish a certain number of trainers, geographically responsible for certain areas of the province that the Chief Prevention Office can trust, and the only measurement of success will be the reduction of payouts by the WSIB, and less paperwork by the provincial officers.] Designation by Minister
(2) The Minister may designate an entity as a safe workplace association or as a medical clinic or training centre specialising in occupational health and safety matters if the entity meets the standards established by the Minister.
Standards
(3) The Minister may establish standards that an entity shall meet before it is eligible to be designated.
[I really do not like the word 'may' when items are being put into law. Makes things very gray.] Directions
22.6 (1) The Minister may direct a designated entity to take such actions as the Minister considers appropriate.
Government directives
(2) In addition to the directions the Minister may issue under subsection (1), the Minister may direct an entity to comply with such government directives as the Minister specifies.
[Again, that word 'may'] Failure to comply
(3) If an entity has committed any failure described in paragraphs 1 to 3 of subsection 22.7 (3), the Minister may,
(a) reduce or suspend grants to the entity while the non-compliance continues;
(b) assume control of the entity and responsibility for its affairs and operations;
(c) revoke the designation and cease to provide grants to the entity; or
(d) take such other steps as he or she considers appropriate.
[May, may, may. Hopefully, if I ever get caught speeding on the roadways, I just 'may' get a speeding ticket.] Here is the
link to the entire recommendation to the Ministry of Labour for all those interested in reading it in its entirety.
Standardising of programs, tests and training - what a brilliant idea! Why didn't I ever think of that? It took almost a year and a gazillion dollars to come to this realisation, and I have been complaining in my columns for almost four years? Does the provincial government not read
Forkliftaction.com News? If not, send them out a notice that they should!
I am curious, but uncertain, about how all this will be implemented. Will trainers be phased out because they perform their programs in two hours? Will trainers be phased out because they don't train, because they don't understand the dynamics of a forklift themselves and rely on films to train their participants, load centres and capacities? Will trainers be phased out because they laugh too hard when running to the bank to deposit their stolen booty?
We will just have to wait and see what comes from all of this. It overwhelmingly passed its first reading in the legislature. Why wouldn't it? It sounds good and these legislatures know nothing about forklift training. But it still has a way to go. How many people will be injured in the meantime, while these elected officials wine and dine 'til they finally figure out what this is all about?
People, this is about legislation to protect workers, and afford them a proper education, in this case, about forklifts! I realise most of you know nothing about forklifts, but pass this damn amendment very quickly, and let us see what policies are implemented. We are anticipating the best! And if it ends up as the same ol', same ol', then I want a refund on my provincial taxes that you so whole-heartedly wasted.
I am finished. Bill please?