°

Contracting out endangers our members’ lives

A BC CORONER’S INQUIRY into a 1984 faller fatality rec-
ommended "that the Timber Licensee be the sole responsi-
ble party for the enforcement of safety practices at logging
operations and that avoidance of responsibility by subcon-
tracting authority to subcontractor be prohibited." That rec-
ommendation, unfortunately, was never adopted.

3 Today licensees
continue to relin-
quish their health
and safety respon-
sibilities by con-
tracting out. In
many cases the
prime contractor sub-contracts out the work which maybe
subcontracted out several more times.

A review of U.S. Bureau of Labor Statistics annual cen-
sus has consistently shown that self-employed workers
account for 19-20 per cent of fatal injuries but represent
only around 8 per cent of the employed workforce.
Subcontracting and self employment are pervasive in at
least five of the top ten high fatality risk occupations.

In the BC woods we are seeing truck drivers, fallers, equip-
ment operators and others being forced into self-employ-

BY RON CORBEIL

ment or small businesses employing a smaller number of
employees. Added stress of running a business, finding the
next job, and, ensuring the work is being done in a safe man-
ner are, in-effect, ingredients for a “Perfect Storm.”

Most of the high risk elements of logging have been con-
tracted out, leaving the licensees to argue for a reduction in
WCB assessments, sighting improvements to their experi-
ence rating system, as the contractor assumes liability.
Licensees have gotten rid of supervisory staff and they forgo
the same compensation required of dependant employees.

In Europe, contracted-out workers fall under the category
of “atypical workers,” who have the same rights as salaried
workers. In Canada courts and tribunals will look beyond
wording of a contract, and can find that an individual is in
fact an employee even when the parties have agreed the rela-
tionship is one of engager and independent contractor.
When the individual (contractor) is told where and how to do
the work, they are usually considered an employee.

Today it is more important than ever for us to ensure the
health and safety of workers cannot be contracted out sim-
ply because the work has been.

Ron Corbeil is a Steelworkers staff representative

Union to convene Fatalities Summit on Dec. 5

INVITATIONS TO THE CEO’s of
BC’s largest forest companies, the
WCB, employers associations, the BC
Forest Safety Council and others, to
attend a Steelworkers-sponsored
Summit on BC Forest Industry
Fatalities have been sent out and
responses are coming in that major
industry players will be in attendance.
The conference will be held on
December 5, at the Hotel Vancouver
Fairmont.

The invites were sent out after a
District 3 Director Steve Hunt and
representatives of IWA Council-affili-
ated locals met with BC Labour

= District 3 Director Steve Hunt (third from left) presents the union’s points for
action to BC Minister of Labour Mike de Jong (r). Left is Norm Rivard. nonwan cancia

office to assist the union in

Minister Mike de Jong in late October.
At that time there were _ thirty-six
2005 deaths in the BC Industry to
date. As this issue goes to press there

were 40 fatalities. Hunt presented the

Minister with the union's points (see major players to the conference.

page 16) demanding immediate action. IWA Council chair Norm Rivard says
De Jong said he understood the union’s _ that more workers are being killed despite
demands and that he would use his a smaller workforce.

THE ALLIED WORKER DECEMBER 2005 T 47