April 11 2017
This is a work in progress and subject to Clarification and edits.
Our facebook page mentioned STOP WORK ORDER signs posted in the park and asked for feedback as to why they were there. There was not much information as to what the SWO said so I went out looking for one of the Stop Work Order signs, I took a photo and thought about it.
So yep it does say STOP WORK ORDER.
I am not sure if this notice as posted meets all legal requirements of enforceability, but it does meet the requirements required if WorkSafeBC issued one. It is issued by Timberland properties and NOT by WorkSafeBC, and states that:
“We require a Hazardous Materials assessment in accordance with WorkSafeBC regulatory requirements outlined in the BC Occupational Health and Safety Regulations Section 20.112 – Hazardous Materials.”
Yes that section does exist in the Regulatory act (If anyone wants a link, send me a note.) and it is fairly recent Jan 1 2016.
(2) Before work begins on the demolition or salvage of machinery, equipment, a building or a structure, or the renovation of a building or structure, all employers responsible for that work, and the owner, must ensure that a qualified person inspects the machinery, equipment, building or structure and the worksite to identify the hazardous materials, if any.
The second Paragraph of the stop work order just explains the Regulation, all seems fine there.
The third Paragraph gets pretty confusing as it states that:
“The purpose of this hazard assessment was to identify the locations of asbestos and other hazardous materials prior to planned renovation/demolition work. This report includes a list of building materials that are confirmed or suspected of containing hazardous materials.”
That would indicate to me that they have done this report…
The fourth and last paragraph:
“Further, work CANNOT RESUME until this report is delivered to Management. We would also request that you stop to review the Park Rules & regulations along with addendums.[SIC] More specifically, sections attached herein.”
My thoughts:
Worksafe and OHS regulations are only enforceable to employers and owners. If you intend to do the work yourself it does not apply. This particular regulation would not likely be used/issued unless an employee reported it the WHS. Be that as it may Timberlands has the right to enforce Park rules and “sections attached herein.” I did not see any other papers attached or posted with the SWO, but I can refer to Park rules 2014:
“Any additions or alterations to the manufactured home requires a building permit and the written permission of the Landlord
before commencement of any work. No alterations or changes by the Tenant to the Site’s ground level are Permitted.” Not sure if that is what is referred to in the last paragraph of the SWO or not, but if Timberlands wants a Hazardous Materials Assessment, they are within there rights.
Due to the insane housing markets in Vancouver and now in the greater Victoria housing markets, many contractors and owners are cutting corners, Worksafe and OHS have been issuing a lot of stop orders and also some municipalities are following suit. It is possible that Timberland is just enforcing the existing laws in order to cover it’s butt, however Worksafe only issues a stop work order when:
“a) When there are reasonable grounds to believe there is a high risk of serious injury, serious illness, or death or
b) When an employer (1) fails to comply with a provision of the Act or the Regulation, and (2) has failed to comply with an order under that provision in the previous year, and (3) there are reasonable grounds to believe that there is a risk of serious injury, serious illness, or death.”
Most of the “reasonable grounds” mentioned actually come from employees or contractors reporting “unsafe work conditions”. As many of the units in the park are pre 1990 they are at high risk of having hazardous materials. Marie mentioned the most common materials, although most of the trailers would not have used Asbestos containing products( I think), with the exception of floor tiles.
WorkSafeBc does not do hazardous waste inspections, I would never ever have my general contractor do one, as it is money in their pocket. It should be done by an independent lab (http://www.arecenvironmental.com is one on the island, and I plan on talking to them at some point just for fun.)
As Wally is the only person I can think of that is doing a renovation and is also using contractors I would be curious to know if you (Wally) received any of the “More specifically, sections attached herein”. as mentioned in the SWO.
Regarding the STOP WORK ORDER as posted in the Park. I have corresponded with Scott Conrad from AREC Environmental group (very helpful), and he has furnished me with an informative PDF file, that includes some ballpark pricing as well as references to the WorkSafeBC regulations.
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