Enforcement Actions 2012

Summary of Enforcement Actions

Summary of Enforcement Actions by Quarter
Enforcement Actions 2008-2012
Quarterly Compliance Orders Issued in 2012 by Technology
Compliance Orders Issued in 2012 by Category
Sanctions Imposed in 2012

The following is a summary of the quarterly enforcement actions taken by BC Safety Authority between January 1, 2012 and December 31, 2012.

Table A: 2012 Summary of Enforcement Actions by Quarter

Enforcement ActionQ1Q2Q3Q4Total
   Compliance Orders30263036122
   Monetary Penalties20147
Total Number of Enforcement Actions32263140129

Table B: Enforcement Actions 2008-2012

 Enforcement Action20122011201020092008
    Compliance Orders122166173308286
    Monetary Penalties7111455
    Discipline Orders
02000

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 C: Quarterly Compliance Orders Issued in 2012 by Technology

TechnologyQ1Q2Q3Q4Total
   Amusement Rides010
01
   Boilers, Pressure Vessels and Refrigeration01
00
1
   Electrical1816202478
   Elevating Devices00101
   Gas12891241
   Passenger Ropeways00000
Total Number of Compliance Orders Issued30263036122

Table D: Compliance Orders Issued in 2012 by Category

CategoryQty Issued
Expired certificate of qualification2
Expired permit8
Failure to address a safety hazard2
No permit29
No valid BC certificate of qualifications23
Outstanding non-compliance(s)16
Performing regulated work beyone scope of qualification2
Sale of uncertified equipment2
Unsafe tampering or use of regulated equipment1
Unsafe use of regulated equipment1
Use of unqualified workers13
No contractor's licence18
Expired contractor's licence2
Failure to take regulated safety precautions2
Provide records1
Total Number of Compliance Orders Issued122

Table E: Sanctions Imposed in 2012

Technology  
Issued toType    Reason
ElevatingCanada Construction Lifts    Ltd.
Monetary Penalty
A $1,500 monetary penalty was imposed on the duty holder for performing regulated work without the supervision of a licensed contractor.
Electrical
An Individual*
Monetary Penalty
A $1,500 monetary penalty was imposed on the duty holder for performing regulated work without the required permit, qualification and/or licence.
ElevatingSchindler Elevator Corporation
Monetary Penalty
A $10,000 monetary penalty was imposed on the duty holder for failure to comply with a Safety Order, in particular to complete the driving machine brake maintenance requirements.
ElectricalAn Individual*Monetary Penalty
A $500 monetary penalty was imposed on the duty holder for failure to comply with a Compliance Order requiring correction of non-compliances identified on a certificate of inspection.
GasGuardian Heating & Air Conditioning Inc.
Monetary Penalty
A $1,500 monetary penalty was imposed on the duty holder for perfoming work without the required permit or certification of qualification.
GasRiske Creek Manufacturing Ltd.
Monetary Penalty
A $4,000 monetary penalty was imposed on the duty holder for performing work without the required licence or certificate of qualification.

* Provincial legislation restricts the information that may be published with respect to individuals. Accordingly, BC Safety Authority may provide descriptions of enforcement actions taken against individuals but will only identify corporate entities by name.

Appeals

Eleven appeals were filed with the Safety Standards Appeal Board** in 2012, of which one was dismissed after final determination, four were withdrawn, three were either settled or BC Safety Authority reversed the original decision, and three remained in progress at the end of 2012. The decisions can be reviewed on the Appeal Board’s website.

**The Safety Standards Appeals Board's purpose is to resolve appeals from decisions made under the Safety Standards Act and the Homeowner Protection Act to determine if the decisions were fairly made in accordance with the provisions of the legislation. The Board hears appeals from decisions of safety officers and safety managers appointed under sections 11 and 12 of the Safety Standards Act. These decisions apply to work and products regulated by the Act and its associated regulations, including adopted codes and standards.