Enforcement

April to June 2011 Enforcement Actions

Summary of Enforcement Activity

The BC Safety Authority took 47 enforcement actions between April 1 and June 30, 2011. Safety officers and safety managers issued 44 compliance orders, imposed one discipline order suspending a certificate of qualification, and imposed two monetary penalties.

Table 1: Q2 Summary of Enforcement Actions*
Compliance Order44
Suspended Authorization and Permit Privileges0
Suspended Authorization Privileges0
Suspended Permit Privileges0
Revocation of a Contractor's Licence0
Suspension of a Contractor's Licence0
Revocation of a Certificate of Qualification0
Suspension of a Certificate of Qualification1
Monetary Penalty2
Total Number of Enforcement Actions in Q2:47

* Railway statistics have not been included in the figures presented.

Compliance Orders

A compliance order is a written document issued by a safety officer or safety manager requiring that a person take action, stop, and/or modify their regulated work or use of a regulated product in accordance with safety standards and legislation.

Table 2: Compliance Orders Issued in Q2 2011 by Technology
Electrical23
Gas18
Elevating Devices2
Passenger Ropeways0
Boiler, Pressure Vessels and Refrigeration0
Amusement Rides1
Total Number of Compliance Orders Issued:44

Monetary Penalties

Two monetary penalties were issued in Q2, 2011; one in the amusement rides technology and one in the gas technology.

Company: Individual
Technology: Amusement Rides
Amount: $3,800
Date of penalty: Q2
Summary: A monetary penalty in the amount of $3,800 was issued to an individual for failing to comply with a compliance order. The individual was identified as operating regulated amusement rides without a valid permission.

Company: Chet Construction Ltd.
Technology: Gas
Amount: $250
Date of penalty: Q2
Summary: A $250 monetary penalty was imposed on Chet Construction Ltd for failing to comply with a compliance order. The compliance order required the company to excavate in accordance with the Gas Safety Regulation after the investigation found that the company caused line hit incidents.

Collected in Q2 – Monetary Penalty from Q1

In an effort to increase public safety, the BC Safety Authority (BCSA) has collected a $7,400 monetary penalty from BC Underground Contractors, an excavating company in Kelowna, after obtaining a court order to seize assets.

An incident investigation by BCSA in February 2010, determined that BC Underground Contractors damaged a main gas line causing a release of natural gas and disruption of service to more than 850 homes in the Black Mountain area near Kelowna.

The Gas Safety Regulation requires excavators to confirm the location of underground gas lines by hand digging before the use of mechanized equipment. This regulation is intended to protect public and environmental safety by preventing damage to gas systems that could result in gas leaks, explosions, fires, and environmental damage.

The BC Safety Authority determined that the contractor did not confirm the location of the gas line before excavating and issued a compliance order requiring the owner of BC Underground Contractors to implement safe excavating procedures by their employees.

In March 2010, a subsequent line was damaged by the same contractor. This incident happened during excavating activity in the vicinity of a private residence in Kelowna and being the second incident, BC Safety Authority then imposed a monetary penalty.

Suspension of a Certificate of Qualification

A discipline order was imposed on an individual for failing to comply with previously-issued compliance orders. The individual’s certificate of qualification was suspended and the individual may not perform any regulated gas-fitting work as referenced in the Safety Standards Act.

The individual may apply to have the qualification reinstated upon completion of the following terms:

  • practical evaluation of technical skills by a training/educational institution acceptable to BC Safety Authority,
  • submission of a Compliance Regulatory Plan, and
  • successful completion of the Act, Regulation and Directives (“ARD”) exam.

Notes:

  1. Provincial legislation restricts the information that may be published with respect to individuals. Accordingly, the BC Safety Authority may provide descriptions of enforcement actions taken against individuals but will only identify corporate entities by name.
  2. In order to appreciate enforcement actions in the broader perspective of the safety system, please refer to the 2010 State of Safety Report.

Quarterly Enforcement Actions Q4 2009

Quarterly Enforcement Actions Q3 2009

Quarterly Enforcement Actions Q2 2009

Enforcement Actions

BCSA is about keeping people safe. To promote compliance with the Safety Standards Act, our enforcement actions include: issuing compliance orders, imposing monetary penalties or even suspending or revoking contractor licenses or certificates of qualification.

In order to appreciate enforcement actions in the broader perspective of the safety system, please refer to the 2012 State of Safety Report.

Review current and past quarterly enforcement case action summaries and enforcements for 2013 or 2012.

Enforcement Process

An enforcement action typically begins with the Safety Officer. The Safety Officer may address a non-compliance by taking actions such as suspending a permit, issuing a compliance order or recommending that a Safety Manager impose a monetary penalty based on the safety standards monetary regulations act. If necessary, the next step involves the Provincial Safety Manager who may impose more significant sanctions such as monetary penalties or suspending contractors’ licenses or certificates of qualification.

Enforcement decisions by Safety Officers and Safety Managers are generally subject to review or appeal.

Reviews and Appeals

Enforcement decisions by Safety Officers may be subject to review by the Provincial Safety Manager if the client requests a review within 30 days of the decision. To request a review, complete the Safety Manager Review Request Form 1077 to any BCSA regional office.

Enforcement decisions by Provincial Safety Managers, including reviews of Safety Officer decisions, may be appealed to the independent Safety Standards Appeal Board within 30 days of the Provincial Safety Manager’s decision.

The appeal and review processes only apply to technical decisions or those that involve the Safety Officer or Safety Manager’s legal authority under the Safety Standards Act. To submit concerns about any other BCSA staff conduct, follow the instructions to submit the Complaints and Feedback form.

Appeal Information

If you wish to challenge a decision made by a Provincial Safety Manager, including a review of a Safety Officer decision, you must file an appeal to the Safety Standards Appeal Board. The Appeal Board is an independent tribunal authorized to hear appeals of certain BCSA decisions.

To commence an appeal or find further information on the appeal process, go to:

Safety Standards Appeal Board

To review previous decisions of the Safety Standards Appeal Board, go to:

Safety Standards Appeal Board Decisions