Background
Commercial Fishing has the highest fatality rate, per capita, of any industry under the jurisdiction of WorkSafeBC. Accident investigations have revealed that the leading cause of death is drowning and that contributory to that are vessel stability, coldwater immersion issues and lack of emergency preparedness. WorkSafeBC has embarked on a process to address the three significant issues leading to fatalities and will also be looking for injury reduction opportunities as well. Following are answers to frequently asked questions: Who has jurisdiction over fishing?
Jurisdiction of health and safety on board fishing vessels in British Columbia is shared by Transport Canada (TC) and WorkSafeBC. TC administers issues of navigation and shipping while WorkSafeBC addresses health and safety issues of the crew aboard these vessels. In 2002, TC and WorkSafeBC entered into a Memorandum of Understanding (MOU) on this subject and agreed that there is jurisdictional overlap.Who is responsible for fishing vessel stability?
TC has the authority to establish criteria for which a vessel's stability will be measured. WorkSafeBC, through it's authority over worker health and safety, can require owners and employers to ensure that they supply a safe work environment for the workers. What does WorkSafeBC require for vessel stability? Section 24.72(b) of the Occupational Health and Safety Regulation requires "the owner of every fishing vessel must provide documentation on board, readily assessable to crewmembers, which describes - vessel characteristics, including stability". This requirement became law on 1 January 1995.It requires the owner to supply documentation describing the stability limits of the vessel. WorkSafeBC requires that this information is based on accurate technical data, typically developed by a Naval Architect.
Am I required to cooperate with WorkSafeBC?
Yes. Section 179(1) of the Workers Compensation Act (WCA) states "An officer of the Board may enter a place, including a vehicle, vessel or mobile equipment, and conduct an inspection for the purpose of...(a) preventing work related accidents, injuries or illness...". Further, Sections 115, 116, 117 and 119 of the WCA require employers, workers, supervisors and owners to cooperate with the Board and Board officers and to comply with any regulation or applicable order issued pursuant to the Workers Compensation Act and the Occupational Health and Safety Regulation (OHSR).How do I benefit from cooperating with WorkSafeBC?
The inspection process audits for compliance with regulatory requirements. The process will assist fishermen in developing and acquiring appropriate written documentation or procedures when these are not present. The more information and understanding a fisherman has of his/her vessel, the better he/she will be prepared to deal with an emergency. Ideally, the inspection process will support the industry driven safety program. It helps to motivate even the most safety conscious to keep safety at top of mind.
How will inspections be arranged?
Typically, no notice of inspection is given. In the case of the stability initiative, attempts will be made to contact an Owner to establish a reasonable time to conduct an inspection. This does not guarantee that appointments will be pre-arranged in every case but attempts will be made to ensure that both the Owner and the Master are available to attend the inspection. Inspections can also be arranged to work around your schedule by contacting an Officer listed below and advising when you would like your vessel to be inspected.
Are all commercial fishing vessels required to comply with the OHSR?
How long will this entire process take?
Once WorkSafeBC initiates an inspection of a vessel, a discussion will begin between the Board Officer and the Owner to determine how long the Owner needs to establish compliance. If a Naval Architect is required it could take several months to complete the process. Understanding this, it is anticipated that it may take up to 10 years to work through every west coast commercial fishing vessel.Is there an education component to this initiative?
Yes. The Owner is required to ensure that the Master of the vessel fully understands the limits of stability for the vessel for which they are charged.
To this end, Fish Safe, a fishing industry safety program, developed a four day stability education course designed specifically to highlight stability issues on board west coast fishing vessels. The Master is required to be "knowledgeable" and WorkSafeBC has taken elements from this stability course to assess a Master's knowledge if he/she has not taken the Fish Safe stability education course.
Further, Fish Safe has developed a "Stability Risk Analysis" form to aid in assessing the stability documentation presently on your vessel. This form is available from either Fish Safe or WorkSafeBC.
About the WCB:
The Workers’ Compensation Board of BC (WCB) is dedicated to promoting workplace health and safety for the workers and employers of this province. The WCB consults with and educates employers and workers, and monitors compliance with the Occupational Health and Safety Regulations.
In the event of work-related injuries or diseases, the WCB works with the affected parties to provide return-to-work rehabilitation, compensation, health care benefits, and a range of other services.
Occupational Safety Officers and Occupational Hygiene Officers from the Prevention Division are mandated to:
- educate and consult with the industry about health and safety matters
- inspect workplaces, including fishing vessels
- investigate accidents
Other Prevention Division staff from the Industry Services Department work with fishing industry associations and stakeholders to prevent and reduce the number of fatalities and injuries in the Fish Harvesting Industry.
More information on fishing safety and health is available on the commercial fishing pages of the WCB site or by calling the WCB’s Prevention Division at 604 276-3100 in the lower mainland or 1 888 621 – SAFE (7233) toll free within BC.
Who do I contact for further information or to arrange an inspection?
Shane Neifer - Occupational Safety Officer, Terrace BC - (250) 615-6605
Pat Olsen - Occupational Safety Officer, Richmond BC - (604) 244-6477