Dialogue - Spring 2018

Our Mission: “To promote, strengthen and represent the electrical industry in Ontario.”

Dialogue A Publication of the Ontario Electrical League Issue 40-1 • Spring 2018

inside

Shock Risk Assessment and the Detailed Warning Label “Electrical Safety Zone”

Editorial Focus: Risk 1 Shock Risk Assessment and the Electrical Safety Zone 1 Acceptable Risk? 3 Message from the Chair 3 Message from the President 6 Bill 148 and Electrical Contractors 8 COR™ Certification and What it Means to Your Company 11 Risk-based Management and ESA 11 Renewing Service Culture at Hydro One 12 2018 Electrical Industry Conference 14 Industrial Security in a Connected Age 15 Changes to Dispute Resolution under the CLA 17 Mental Health in the Workplace 18 Burglary Prevention 19 Members’ News

commercial or industrial facility. With all of the hype and conversation in recent years revolving around “Arc flash,” it is likely due-time that we all start talking about shock, shock hazard and shock risk assessment. Depending on how you break it down, there are about seven steps in Z462-15 for completing a good shock risk assessment. Specific details are in the standard (2015

By: Len Cicero with contributions from Mike Doherty D oes this detailed warning label look familiar? Perhaps you have seen one, or at least one that resembles this in a

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What is Acceptable Risk?

By: Charles Redhead W hat is risk to you? When you invest your money do you take chances on high- yield, high-risk stocks or are you

risks? If you don’t have the appropriate safety equipment do you still work? If you didn’t get the proper training, can you still do the job? If a fellow electrician tells you the power is off, do you still work on the panel? These situations all have varying degrees of risk. Are any of them acceptable to you? Risk is the likelihood a hazard will actually cause an impact or consequence. When examining risk, we look at the impacts a hazard could have, the probability something will actually occur, and the frequency we expose ourselves to the hazard. On your work sites, how do you assess the level of risk which is acceptable? Do you use industry standards, is the green book your

risk adverse and play it safe? Do you buy the extended warrantees on your new appliances or do you risk them breaking down and you having to pay for repairs? Are these risks you would take? When it comes to safety, do you take To ensure delivery, maintain membership! PUBLICATIONS MAILAGREEMENT No. 40032872

Continued on page 5 4

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Chair’s MESSAGE

President’s MESSAGE W elcome to 2018 and it looks like it is going to be a very exciting year. We continue to develop programs and services to better serve our members. By now, each member should have received an invitation to complete their member profile on our new website powered by GrowthZone. It has several new features including a member app. The Essex Chapter has been hard at work putting together a conference to remember. Be sure to register and attend this year’s Electrical Industry Conference in Windsor. The Essex Chapter has been hard at work putting together a conference to remember. Look for more details in this issue. We are now ready to expand our work with our mechanical contractor members, look for more information coming soon. If you are a mechanical contractor, please get in touch with the office on how we can better serve your needs. The OEL has also backed Support Ontario Youth, and group sponsor pilot programs are underway in our three pilot locations, Durham, Brantford and Northern Ontario. The economy is strong, and we look forward to a prosperous year for the OEL and our members.

W as 2017 a good year? Do you really know for sure? Are you ready for 2018? Remember to take stock on any training, certification, and/or safety courses you or your staff need. It seems that we are experiencing a manpower shortage crunch situation in Ontario and our economy is scooting right along. Skilled trades are in great demand. This is great news! Good electricians are hard to find, and you can’t train an apprentice overnight, even if you have room in your ratio. Keep this in mind when adjusting your bill-out rates. Check our latest survey and see what your competitors are charging. Good work coupled with highly-skilled tradespeople can charge-out what is reasonable, and customers are happy to pay. Compare what you charge to what your local car dealers charge, and don’t sell yourself short. Remember all the regulations, licensing, inspections, insurances, government reporting, etc., that we must deal with. The risks are very high…and then you still hope to get paid in full, and on time. Speaking of risks, I recently was told that more counterfeit products are showing up. One example we discovered, was molded case breakers without any overcurrent sensing or tripping mechanism at all – only a switch off and on! Remember to be smart and vigilant, only buy from reputable distributors using reputable brands and products. If you have any examples of your own, report them to ESA so they can investigate and prosecute as needed. OEL has an interesting and challenging year ahead, we are gaining strength through increased membership and programs to enhance our membership value. Plan to attend the annual conference in Windsor this April. If you didn’t already know, the guys in Windsor do it up right! The OEL is creating an excellent program to make it an enjoyable, worthwhile learning and networking experience. Look for more on that in this issue. Until next time, work smart and stay safe!

Stephen Sell, President, OEL

Dale MacDonald, Chair OEL

ONTARIO ELECTRICAL LEAGUE

Our Mission: “To promote, strengthen and represent the electrical industry in Ontario.”

Board of Directors Chair: Dale MacDonald, Honey Electric Ltd. Past Chair: Dave Ackison, Ackison Electric 1st Vice Chair: Luke Bogdanovic, EPG Electric & Solar Contractors 2nd Vice Chair: Louie Violo, R&B Construction Services Inc. 3rd Vice Chair: Doug McGinley, JPR Electrical Services Inc. Licensed Electrical Contractors Dave Ackison, Ackison Electric Ron Bergeron, Bergeron Electric Ltd. Luke Bogdanovic, EPG Electric & Solar Contractors Dale MacDonald, Honey Electric Ltd. Doug McGinley, JPR Electrical Services Inc. Al Merlo, Merlo Electric Inc. Jack Sanders, Townsend Electric Glenn Sturdy, Sturdy Power Lines Ltd. Louie Violo, R&B Construction Services Inc.

Ontario Electrical League The Ontario Electrical League is a non-profit, provincial organization, dedicated to its Chapters, with over 2,200 members from the electrical industry. League members include electrical contractors, electricians, apprentices, electrical utilities, electrical generators, Hydro One Networks Inc., Electrical Safety Authority, electrical inspectors, electrical distributors, manufacturers, manufacturers’ representatives, consulting engineers, educators and service companies. The League’s role is to represent, communicate, educate and promote Ontario’s electrical industry through Chapter meetings, Dialogue magazine, the League’s website, conferences, seminars, trade shows, promotional programs and community activities.

Association Gord McBrien, Ontario Energy Network Utilities

For article submissions, contact: Huong Nguyen email dialogue@oel.org To advertise, contact: Dave Foreman email dialoguemedia@oel.org Production: The Communications Bridge Inc. email jsmall@communicationsbridge.com For membership enquiries, or to update circulation information, contact: Ontario Electrical League, email: league@oel.org Web: www.oel.org The opinions expressed in this publication are not necessarily those of the Ontario Electrical League, its Board of Directors, or its members. Publication Mail Agreement #40032872 PUBLICATIONS MAIL AGREEMENT No. 40032872 RETURN UNDELIVERABLE CANADIAN ADDRESSES TO: Ontario Electrical League, 109 - 93 Skyway Avenue, Etobicoke, ON M9W 6N6 109 - 93 Skyway Avenue, Etobicoke, ON M9W 6N6, Tel: 905-238-1382

Mike Goodwin, Entegrus Services Inc. Rick Putman, Hydro One Networks League Staff: President: Stephen Sell Operations Manager: Wendy Dobinson Manager, Communications and Marketing: Huong Nguyen Manager, Member Services: Laurie Richardson Dialogue Editor: Huong Nguyen Contributors: Alex Callahan, Len Cicero, Mike Doherty, Patrick Ganley, Chad Kopach, Charles Redhead, Collette Takas, and submissions from Electrical Safety Authority, Hydro One, and WSIB. This publication is sent free of charge to all members of the Ontario Electrical League and selected others directly involved in the electrical industry across Ontario and North America. Dialogue is published four times per year.

Electrical Manufacturers Andrew Kirk, Hubbell Canada LP

Lori Bagazoli, Viscor Inc. Electrical Distributor Jamie Nagle, Westburne

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Cover Story

4 Continued from page 1 “Electrical Safety Zone”

edition) but in Clause 4.3.4.1 “Shock risk assessment,” you will find three basic determinations: 1. Voltage to which personnel will be exposed 2. Boundary requirements 3. PPE necessary to minimize the possibility of electric shock A competent and qualified electrical person can usually, and quite easily, determine the voltage(s) to which personnel could be exposed, when they know the work at hand. As seen in the warning label, there are two boundary requirements in Z462-15 (the third boundary requirement— Prohibited—was removed from the 2015 version). Clause 4.3.4.3 gives specific details for the Limited Approach Boundary, which applies to approach by unqualified persons, working at or close to the Limited Approach Boundary, and entering the Limited Approach Boundary. “Be more focused on overseeing this work area and not permitting the spectators to gather around or encroach.” Having said all of this, what is actually meant by the “Limited and Restricted Approach Boundaries?” It can be referred to as the “Electrical Safety Zone” or “Safe Work Area.” The Limited Approach Boundary is the furthest of the two boundaries (within the electrical safety zone). Both, the limited approach, and the restricted approach, are dependent on the nominal system voltage in AC systems and the difference in potential in DC systems. As many of us are aware when we troubleshoot or perform diagnostic work in a busy or high traffic area, it tends to draw an audience of spectators. Whether it’s asking questions, or taking pictures, people’s curiosities can unintentionally put them in harm’s way. Something that we as tradespeople have allowed to happen for decades. This is where CSA Z462-15, and in particular the Limited Approach Boundary, comes in and lends us a hand. It must be stressed that the Limited Approach Boundary (Electrical Safety Zone) be established. Do not necessarily be focused on the exact distances prescribed in CSA Z462-15 or on the warning label. Be more focused on overseeing this work area and not permitting the spectators, including supervisors and managers, to gather around or encroach. CSA Z462-15

does allow an unqualified worker to cross the Limited Approach Boundary, however they must be escorted and briefed on the hazards by the qualified worker. In addition, by no means can an unqualified worker cross the Restricted Approach Boundary. So, the next time you are performing diagnostics or troubleshooting in an open panel while energized, remember to establish a safe work area and ensure to keep the unqualified persons away and out of harm’s way. Len Cicero is the owner and president of Lenco Training and Technical Services. He is a master electrician, and a certified electrical safety compliance professional. He is recognized by the industry, and his colleagues as a specialist in lockout and workplace electrical safety. Len is involved with CSA-460 as the technical committee chairperson, and is a founding and executive member of CSA-462. He is also a member of the Canadian Society of Safety Engineers and is the past president of the Halton Chapter of the Ontario Electrical League. For more information about Lenco Training and Technical Services, please visit www.arcflash.ca.

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4 Dialogue Spring 2018

4 Continued from page 1 Acceptable Risk?

• Transfer: hire a company in who is an expert to do the work, as they already know how to mitigate the risk. For example, many construction companies are now bringing in third- parties to build their scaffolding. Ultimately, it is up to you and your employees to work together ensuring risk is controlled to the lowest possible level for safety.

guide or do you actually do a risk assessment of all your jobs? A risk assessment is a thorough examination of all the hazards and tasks involved in doing each job. Once the observations are complete, you can make a determination of what risks are involved and if they are acceptable. On another note, what is acceptable? While you may personally feel the risk is acceptable, would your employees feel the same way? What about industry and legislative standards? If the risk meets your level of acceptance, but not government or industry standards, do you still proceed, or do you stop? There are four basic ways to handle risk: • Termination: discontinue the work or refuse to begin working. • Treat: implement hazard controls like guarding, safe work plans, training and safety equipment to try to minimize the risk. • Tolerate: what you do with the residual risk after controls are implemented, as risk is never fully eliminated unless you terminate the work.

Redhead Health and Safety works with small to mid-sized businesses requiring guidance and leadership to comply with provincial safety regulations. The

challenge of maintaining an in-house safety program is costly and overwhelming for many small business owners, that is where we come in. Redhead Safety offers a low-cost option for on-site and online training as well as consulting services. Charles Redhead owner/operator is a Certified Health and Safety Practitioner (UNB) and is certified by the Ministry of Labour to instruction Working at Heights Training.

Be sure to create your profile on the new www.oel.org to take full advantage of your membership benefits.

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Risk

Bill 148 and Electrical Contractors: Frequently Asked Questions (And Answers!)

By: Patrick Ganley B ill 148, the Fair Workplaces, Better Jobs Act, 2017, introduces significant amendments to Ontario’s

Employment Standards Act (“ESA”) and Labour Relations Act (“LRA”), and limited amendments to the Occupational Health and Safety Act. Most of the amendments came into force on January 1, 2018. There are many components to Bill 148 that will, or have the potential to, significantly impact OEL members. Sherrard Kuzz LLP has been providing updates on Bill 148 to the OEL and its members since this legislation was first introduced in June 2017. Now that it is enacted, and many

days. However, the employee will continue to be entitled to receive ten (10) unpaid PEL days. Although Bill 148 permits an employer to require an employee who takes a PEL day provide evidence to verify eligibility for the leave, it expressly prohibits an employer from requiring the employee provide a medical note to substantiate the need for a PEL day. Q2: Our Electricians Are Often “On Call.” Will They Need to Be Paid for “On Call” Work Even If Not Called Out to a Job? Yes. An electrician will need to be paid for at least three hours of work, even if he or she is not called out to a job. Bill 148 introduces a number of provisions to regulate the scheduling of work and minimum pay required where a shift is cancelled or cut short. If an employee is “on call” and not called in to work, or is called in for work for fewer than three hours despite being available to work longer, the employee will be entitled to three hours of pay at his or her regular rate of pay, or the amount the employee earned for the time worked plus the wages equal to his or her regular rate for the remainder of the three hours (whichever is greater). This only applies to the first “on-call” shift in any 24-hour period. An employee will likely be considered to be “on call” where the employee is required to be accessible by pager, phone or e-mail to respond to a call to perform work. These scheduling requirements take effect January 1, 2019. For a unionized contractor, Bill 148 temporarily “grandfathers” scheduling provisions contained in any collective agreement in effect as of January 1, 2019 up to the earlier of January 1, 2020 or the expiry of the collective agreement. Any new collective agreement made or renewed after January 1, 2019, must comply with the scheduling requirements.

provisions are in force, OEL members have raised questions about how some of these provisions will impact electrical contractors and the construction industry generally. This purpose of this article is to address the “Top 5” Bill 148 questions from OEL members and provide general guidance on how the specific provisions of Bill 148 will apply to electrical contractors. For specific advice related to your workplace, contact Sherrard Kuzz LLP. BILL 148: “TOP 5” QUESTIONS FROM OEL MEMBERS Q1: Can We Pay Public Holiday Pay and Personal Emergency Leave Pay as a Percentage of an Employee’s Wage? Yes. Recent regulations adopted make significant amendments to the entitlement to personal emergency leave (“PEL”), vacation pay and public holiday pay for construction employees. These amendments will allow an OEL contractor to comply with the new public holiday pay and PEL pay requirements through a percentage top-up on an employee’s regular wages. A construction employee working in the construction industry will be exempt from the public holiday provisions of the ESA where the employee receives: • At least 7.7% of his or her hourly wage for vacation pay or holiday pay, if the employee’s period of employment is less than five years. • At least 9.7% of his or her hourly wage for vacation pay or holiday pay, if the employee’s period of employment is five years or more. In addition, a construction employee working in the construction industry who receives at least 0.8% of his or her hourly wage for personal emergency pay will not be entitled to receive two paid PEL

6 Dialogue Spring 2018

for access to a list of employees in a proposed bargaining unit for the purpose of organizing the workplace. This is one of the most controversial amendments to the LRA. A union may obtain the list where the Board is satisfied the union appears to have membership support from at least 20% of the proposed bargaining unit (usually shown by submission of signed union cards). The employee list the employer is to provide, if ordered to do so by the Board, is to contain each employee’s name, phone number and personal email address (if the employer has this information). If the Board finds it equitable to do so, it may also order the employer provide additional employee information (such as job title) and any other means of contact the employee may have provided to the employer, except for the employee’s home address. Section 126 defines an

Q3: Does an Increased Minimum Wage Mean We Must Increase our Journeyperson Rate? No. Effective January 1, 2018 the general minimum wage increased to $14.00 per hour. It will increase to $15.00 per hour on January 1, 2019. The minimumwage increase may impact the amount an apprentice will be paid, if he or she was previously paid less than $14.00 per hour. However, Bill 148 does not entitle a journeyperson already making more than $14.00 per hour to any proportional wage increase. Many OEL contractors have training agreements, through the Ministry of Advanced Education and Skills Development, to provide on-the-job training and valuable work experience to apprentices.

Under a training agreement, an apprentice is entitled to be paid a wage rate that is based on a minimum percentage of the applicable journeyperson rate. TheMinistry’s training agreement does not require the differential between an apprentice and a journeyperson remain static. This means an apprentice may be paid more than the percentage rate, but not less.

“In most cases, given OEL contractors will be operating businesses in the construction industry and will be performing construction work, the employee list provisions will not apply.”

employer as “a person other than a non-construction employer who operates a business in the construction industry , and for purposes of an application for accreditation means an employer other than a non-construction employer for whose employees a trade union or council of trade

unions affected by the application has bargaining rights in a particular geographic area and sector or areas or sectors or parts thereof.” In most cases, given OEL contractors will be operating businesses in the construction industry and will be performing construction work, the employee list provisions will not apply. Only where an OEL contractor is exclusively performing service and maintenance work and not operating in the construction industry would a union potentially have the right to access an employee list as contemplated under the new provisions of the LRA. NEXT STEPS There are many other components to Bill 148 that will, or have the potential to, significantly impact all business in Ontario, including construction. Our Executive Summary – December 2017 (http:// www.sherrardkuzz.com/pdf/20171208_cwr_and_bill_148_ executive_summary.pdf) addresses each of the components. To further discuss the impact of Bill 148, and for assistance preparing your workplace, contact the construction employment and labour law experts at Sherrard Kuzz LLP. Patrick Ganley is a lawyer with Sherrard Kuzz LLP, one of Canada’s leading employment and labour law firms, representing management. Patrick can be reached at 416.603.0700 (Main), 416.420.0738 (24 Hour) or by visiting www.sherrardkuzz.com. The information contained in this presentation/article is provided for general information purposes only and does not constitute legal or other professional advice, nor does accessing this information create a lawyer-client relationship. This presentation/article is current as of January 2018 and applies only to Ontario, Canada, or such other laws of Canada as expressly indicated. Information about the law is checked for legal accuracy as at the date the presentation/article is prepared, but may become outdated as laws or policies change. For clarification or for legal or other professional assistance please contact Sherrard Kuzz LLP.

For example, if a journeyperson made $32.50 per hour and an apprentice made $13.00 per hour (being 40% of the journeyperson rate), when the apprentice rate increased to $14.00 the apprentice now makes 43% of the journeyperson rate. However, this does not violate the training agreement, as it does not require the apprentice rate be exactly 40% of the journeyperson rate – it only requires the apprentice receive at least 40% of the applicable rate. Q4: Do the Expanded Successorship Provisions under the LRA Apply to OEL Contractors Performing Service Work? No. These provisions will not apply to OEL contractors performing construction or maintenance services. Under Bill 148, where a contract for building services comes to an end and a new provider contracts to provide those services, that change in service provider is deemed to be a “sale of a business.” In other words, if a service provider is bound by a collective agreement and loses the contract with the building to a new service provider, that new service provider becomes bound by that collective agreement and any outstanding obligations incurred but not satisfied by the previous service provider. This section applies only to building service providers who provide services “directly or indirectly by or to a building owner or manager that are related to servicing the premises, including building cleaning services, food services and security services.” Bill 148 expressly provides this section does not apply to construction or maintenance services. Q5: Do the Employee List Provisions of the LRA Apply to OEL Contractors? Possibly, but generally, no. Where an OEL contractor falls within the definition of an “employer” under Section 126 of the LRA (discussed below), the employee list provisions will not apply. Section 126 of the LRA relates to the construction industry. Under Bill 148, a union is able to apply to the Labour Board

Spring 2018 Dialogue 7

Regulatory

COR ™ – Interview with Lisa Sturdy, CFO of Sturdy Power Lines Ltd.

T he Certificate of Recognition (COR™) is quickly becoming a pre-qualification requirement for many contractors across Canada. This program is authorized through the Infrastructure Health and Safety Association (IHSA) in Ontario and helps promote positive workplace behaviour and practices, which in turn lead to improved performance and safety, but does not contain a unique electrical safety component. In realizing that this pertinent sector had been left out, IHSA reached out to the OEL to help fill the gap by sending an “electrician’s mind” to the course. Lisa Sturdy, of Sturdy Power Lines Ltd. is the Chief Financial Officer, and is the company’s Occupational Health and Safety representative. I took a moment to ask her about the COR™ certification, and what she thinks it means to the industry, as well as her company. What do you think COR™ does for the electrical industry? • The Certificate of Recognition program offers companies involved in the electrical industry an opportunity to become safety certified. This is accomplished through a process of development, implementation, and evaluation of a company’s health and safety program. COR™ is nationally trademarked and endorsed by the Canadian Federation of Construction Safety Association. It provides all sizes of companies with a tool by which they can assess their respective health and safety management systems verifying that a fully implemented program is in place which meets the national standards. By doing so and attaining certification employers may see a reduction in incidents, accidents and injuries along with the associated financial cost. Additionally, it levels the playing field for companies bidding on various contracts or tendered projects. Having COR™ certification may place your company ahead of other bidders as it demonstrates that you have an established effective health and safety management system in practice. COR™ offers the electrical industry an upstream approach in protecting the health and safety of all workers by providing an extensive evaluation which measures the quality and results of your safety program. This in turn provides project owners with the confidence your firm has committed to providing a workplace that values the health and safety of all workers. • I believe it is feasible for electrical contractors to all be COR™ certified. It is an involved process that requires meeting 19 elements in the COR™ audit tool such as hazard analysis, safe job procedures, first aid, etc. It requires a dedicated team approach with buy in on all levels of management in order to achieve success in the internal and external audit and issue of the Certificate of Recognition. Can you describe your experience with the training? • The training was comprehensive, led by knowledgeable and experienced instructors who were keen to provide assistance when Is it feasible for electrical contractors to all be COR™ certified? If not, then why?

required. Group work allowed for networking as some participants had gone through the process with previous employers in other provinces. This provided excellent insight and additional resources. What is your status with the training? Are there classes you need to keep taking to make sure it stays up to date? • Currently we are working through the elements and are about half way through. The program is labour intensive for a small/medium size firm with limited personnel. We were able to hire a co-op student last summer who was enrolled in a Human Resources program. This was excellent as they had a dedicated role and were able to move through the elements, policy, and procedure writing with supervision. Moving forward, once we have completed each of the 19 elements, internal, external audits and have obtained COR™ certification which is valid for three years from the date of certification we must complete internal maintenance audits in the second and third years complying with the terms and conditions of the COR™ program. A letter of good standing will be issued each year verifying that the training elements and auditing standards are maintained. In year four we must reapply to the COR™ program and start the process over. Any feedback on the course? Do you see government contracts require all contractors to be COR™ certified or registered in the future? • COR™ certification is quickly becoming a prerequisite for commercial contractors bidding on large projects, particularly in the GTA. At present COR™ certification is voluntary but could eventually become mandatory for all commercial construction projects nationwide. The City of Toronto, TTC, Metrolinx are some of the organizations that have made COR™ a requirement for bidding on larger projects. In order to be COR™ certified, the person attending goes through a COR™ audit once the classes are completed (which takes about six months on and off of weekend classes). In order for the company to maintain their certification, the safety program undergoes periodic audits.

The COR™ program began in Alberta more than 20 years ago. While the bulk of COR™ firms are in construction, the standard is used by major business sectors in Alberta and British Columbia. The IHSA is the ‘Authority having Jurisdiction’ to grant COR™ in the province of Ontario. In achieving this national safety program accreditation in Ontario, IHSA is responsible to ensure that the COR™ standards are upheld. With one common audit instrument utilized across Canada, the national standard is clear: Minimum 65 per cent in each element and an overall audit score of 80 per cent.

8 Dialogue Spring 2018

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Risk/Regulatory

ESA to Move to Risk-based Oversight by 2020

Submitted By: Electrical Safety Authority B y 2020, ESA will move to a risk-based management approach for wiring work associated with the Ontario Electrical Safety Code. This means ESA will spend more effort on higher-risk work, and less on lower-risk work, while not compromising safety. In ESA’s risk-based oversight scenario, a risk calculator will consider nine factors to determine what is low, medium- or high- risk work, including: • Who is doing the work; ESA business rules – the policies and procedures used in the field – and inspector knowledge will supplement the risk rankings provided by the risk calculator. Together, the risk calculator, business rules and field knowledge make the risk “engine,” which will ultimately determine what work is physically inspected. In this • What work is being done; and • Where the work is being done.

model, all high-risk work must be inspected, and medium- and low-risk work will be subject to selective inspection. That is, one for every two, three, five, or ten installations will have a physical visit by an inspector – this ratio is still to be determined. For example, the risk calculator may assess a certain type of residential wiring as “low-risk” and therefore subject to selective inspection. However, the inspector or an ESA business rule may flag an increased safety concern – for example, the low-risk wiring was done to feed a hot tub or pool. In this case, the risk would be heightened, and a mandatory inspection would be required. The risk engine is being developed with a lot of input from ESA’s staff. There will be opportunities to provide your feedback on the changes and how you anticipate they may affect the industry. ESA plans to hold consultations in February and March 2018 to gather input and feedback from LECs. We encourage you to participate!

Business Hello, thank you for calling Hydro One! This is Holly. How can I help you? Submitted By: Hydro One H ave you ever thought about who’s behind the phone or behind the computer screen when sending a

“It’s important to deliver service in ways that respond to our customers’ needs and expectations. Sometimes that’s over the phone, by email or on social media,” said Liljana, who has worked at Hydro One for nearly 15 years. “Many of us use social media, and delivering customer service this way provides another choice for our customers, and one that they may prefer over others.”

Tweet to Hydro One? It’s a team of more than 400 dedicated individuals at our customer contact centre. Located in Markham and London, Hydro One’s customer contact employees handle more than 2 million calls and over 60,000 emails a year from customers across the province. Customer service at Hydro One also gets social with a team of agents who respond to customers on Facebook and Twitter. “Instead of picking up the phone, we’re using social media to connect with

“It’s important to deliver service in ways that respond to our customers’ needs and expectations. Sometimes that’s over the phone, by email or on social media.”

Kyle has been involved with the social media team since its inception and echoes the need to be available to customers in ways that make sense to them. “Being there for our customers is important, which includes social media. It’s becoming more important each and every day and it only makes sense we’re a part of this too,” said Kyle. Hydro One continues to build on its commitment to delivering service its customers can depend on by transitioning its employees back in-house. For more information about the announcement, visit the news release page at www.hydroone.com.

our customers. However, we do it, it’s important we can be someone our customers trust and that we’re doing whatever we can,” said Holly. As part of Hydro One’s announcement to bring its customer contact employees back in-house, Holly along with others like Kyle and Liljana, will have an even larger role in advancing the company’s renewed service culture.

Spring 2018 Dialogue 11

Electrical Industry Conference Electrical Industry

OEL Electrical Industry Conference, April 25 – 28, 2018 Caesars Windsor, Resort & Convention Centre Hosted by OEL’s Essex Chapter Early bird registration NOW OPEN! Visit www.oel.org to register.

Thursday April 26 Keynote Announcing our 2018 Keynote Speaker – Nic Bittle

Register online before March 9, 2018 to qualify for the Early Bird discount. Full delegate and full companion registrations are eligible for a chance to win a complimentary upgrade to a One Bedroom Suite or Bay Room at Caesars for the duration of the conference (three nights). Mark your calendar! The Electrical Industry Conference This annual event is the premiere setting for networking among members and partners, while keeping up on relevant issues from our speakers. In addition, our conference program promises to provide plenty of fun and entertainment for delegates and companions. Wednesday April 25

Nic Bittle is the founder of Work Force Pro and works with contractors that want to prepare and develop their workforce to lead with impact, act like a pro, and perform at their best on a daily basis. In Nic’s Keynote address, “Perform Like the Boss,” Nic will walk you through what he has

discovered is the main difference between the exiting construction worker and the emerging construction worker. He will share with you what the smart contractors are doing to develop the next generation that will give them an edge over their competition. You will learn about the four core competencies that act as a good first step in what the next generation needs to know and what they need to do to answer the call in the construction industry. The Ontario Electrical League’s Annual General Meeting (AGM) will be held in the morning. The AGM is open to OEL members ONLY. Chairman of the Board, Dale McDonald of Honey Electric, will provide an overview of the year and the 2017 financial report will be presented.

Enjoy a pre-conference round of golf at Essex County’s premier public golf facility – the Ambassador Golf Club. The golf course was designed by renowned golf course architect Thomas McBroom and is a Par 71

public golf course that has been acknowledged by leading golf writers from across the country. Upon opening it was nominated as the “Best New Course” in Canada (Golf Digest) and Ontario (OG Magazine). In that same year, Ambassador Golf Club was rated as one of the “Top 15 Best Golf Values” in the province by Ontario Golf Magazine. Most

Our popular ‘Lunch with the Expert,’ is back and, once again, delegates will have the opportunity to discuss issues of importance to our members.

recently Ambassador Golf Club was ranked #58 on the Score Golf List of the top 59 Public Golf Courses in Canada.

12 Dialogue Spring 2018

Conference The afternoon will feature a private tour of the Walkerville Brewery, a place of heritage, community and of course – great hand-crafted beer. Discover the contributions of the Walker family to the area and the

The Government Relations Update portion of the agenda will be lead by Stewart Kiff, President of Solstice Public Affairs and the Lobbyist for the OEL. Stewart will provide an update on the many issues that affect you and your industry as we head into the provincial election. Product Expo and Lunch ‘N’ Learn

brewing industry in Windsor/Essex from the late 1800s to today. Learn about their brewing process and enjoy samples of the various Walkerville Brewery beers.

The Product Expo is the one place you can meet face-to-face with manufacturers, distributors and service companies as they

Thursday evening features our annual awards dinner. This is when we pay tribute to, and recognize members for their continuing contribution, support and commitment to the OEL, both provincially and within their chapters.

highlight their new products and services.

Friday night The Hawaiian Luau, a traditional festival to celebrate special occasions, was the inspiration for this year’s theme! Come and celebrate the beautiful culture and cuisine of Hawaii. Our Friday theme nights are a big hit with members showing up dressed for the occasion. This doesn’t mean you have to be in full bikini and coconut shells and if the grass skirt is not for you (though encouraged), come dressed in a colorful Hawaiian Aloha shirt and shorts. We can’t wait to celebrate with you! Companion Program As always, our companion program will be one that is sure to entertain and please our guests. Companions will join the delegates for the opening keynote address with Nic Bittle – Perform Like the Boss. A great way to start your day! The rest of the companion

The Richard Cullis Leadership Award of Distinction will recognize a member for their leadership, commitment and passion to the industry as well as their outstanding efforts volunteering personal time and energy for the betterment of our members.

The Electrical Inspector Recognition Award will honour a current, or senior inspector for their exceptional contribution to the industry.

This years’ inductees to OEL’s Hall of Fame will be announced and honoured for their long-term dedication to the OEL and its successes.

Following the awards ceremony, you will have free time to head over to the Caesars Casino and test your luck. Experience the thrill of gaming excitement with the latest in

slot action and a wide variety of table games. Feel the exhilaration with a roll of the dice, a spin of the reels and the anticipation of the next hand!

program will include a guided tour of the Chimchuk Museum, a hands-on workshop at Annas Flowers, a lesson in Wineology as well as a visit to the popular Wolfhead Distillery.

Friday April 27

Friday marks our Contractor Day and kicks off with keynote speaker Holly Simmons, a Certified John Maxwell Coach, Trainer and Speaker. Holly will provide insight on the Family Enterprise, and address the unique challenges of working together – the added complexity to running a business. You will learn how and what you can do to improve communication and increase your level of leadership.

Register at www.oel.org to take advantage of the early bird savings and be entered into the draw for a chance to win a complimentary upgrade to a One Bedroom Suite or Bay Room at Caesars for the duration of the conference (three nights).

Hope to see you there!

Spring 2018 Dialogue 13

Risk

Industrial Security in a Connected Age

By: Collette Takas, Enterprise IOT Solutions Manager, Westburne T echnology has connected not only people, but machines and systems as well, and it has forever shaped the way we do business. The level of connection in machines can save hundreds of thousands of dollars a year for businesses, but it can also pose a significant threat when operational networks are outdated. In order for businesses to protect their data, their operational systems have to be equipped properly. With the constant evolution of technology, staying one step ahead helps businesses protect themselves. A decade ago, businesses didn’t have to be as concerned about human machine interfaces (HMIs) having open ports, receiving infected USB sticks, industrial espionage, or hacking, but now that everything is connected, even a small machine can open up businesses to external threats. Some of the systems that are susceptible to hacking may not be obvious either. Today, companies are being targeted for hacking through programmable logic controller (PLCs), ethernet-capable coffee machines, and more. Hackers have been known to use these systems to spread viruses, shut down systems, or install ransomware. And this isn’t just a threat

for American companies either, hackers target Canadian companies the same way. The best way to find these threats is to have an expert audit the system. Westburne works with the best in the industry to diagnose operational processes that pose a threat to your business. Our team of partners and experts can secure your company’s operational network to help prevent downtime and unnecessary costs. Your local Westburne branch has friendly and knowledgeable team members who can connect you to our security experts. Reach out to set up your audit. Westburne is a nationwide leader in energy solutions, renewables, lighting, wire and cable, automation and connected network solutions, becoming the distributor of choice all across Canada. At Westburne, our certified experts work closely with you and your team to provide the best solutions and service to help grow your business.

4 Steps to Personal Safety & Compliance

1. Select The Right Equipment

2. Ensure Regular Maintenance

3. Leverage Equipment Programs

4. Training & Education

• LTL’s knowledgeable Product

Canada’s largest NAIL-accredited high voltage testing, calibration and factory- authorized tool/equipment repair facilities • Rubber Goods Certification • Hydraulic and Battery Operated Tool Repair • Hoist/Chain Jacks Annual Certification and Repair • Live Line Tool Inspection, Testing and Repair • Ground Set Assembly and Annual Testing • Meter & Gas Detection Equipment Calibration, Repair and Maintenance • Fall Arrest Equipment Inspection

• LTL’s Defective Rubber Goods Auto-Replacement Program ensures timely turnaround when replacing failed equipment during recertification • LTL recommends two (2) pairs of insulating rubber gloves of same voltage class for testing rotation cycle to ensure a pair of gloves are on hand and ready to go when you are

LTL ensures workers have the proper information to promote a safe working environment while meeting legislated requirements. LTL offers both classroom and online sessions Classroom • Arc Flash Awareness • Insulating Rubber Gloves • Understanding the Air in Confined Spaces • Live Line Tools: Field Care and Maintenance Online • Interactive Electrical Worker Safety Training

Specialists assist with choosing the right tool/equipment for the task at hand • Select from an extensive inventory of brand name products from industry- leading manufacturers • Insulating Rubber Gloves • Cover-Up, Line Hose & Blankets • PPE including Arc Flash Equipment

• Grounding & Live Line Tools • Metering & Instrumentation • Fall Arrest & Confined Space Equipment • Battery & Hydraulic Tools

Ask an LTL Product Specialist about our convenient Class 0 Glove Kits!

Detailed reports are provided for all tests performed in LTL’s accredited certified Laboratories; the test reports prove advantageous when demonstrating due diligence in the event of a worker injury

JOIN OUR COMMUNITY

For information, please call or email 800-299-9769 | main@ltl.ca LINEMAN’S TESTING LABORATORIES OF CANADA

Visit us at www.ltl.ca

14 Dialogue Spring 2018

Big Changes to Dispute Resolution Under the New Construction Act Business

By: Chad Kopach, Partner, Blaney McMurtry LLP

I n its pending changes to the Construction Lien Act (the “CLA”), Ontario will be introducing a new mechanism to ensure prompt payment and dispute resolution on construction projects. The new legislation has passed third reading, and received royal assent just before Christmas. However, the major changes will not come into effect until an as-yet unknown date, expected to be later this year. The name of the legislation will change to the Construction Act. Dropping the word “lien” from the title may seem insignificant, especially given that lien rights will continue to exist, but this name change is a signal that the new legislation is intended to have application throughout the entire life of every construction project. Adjudication is more like an arbitration, in that a decision is imposed by a neutral third party, though with the possibility of a relaxed procedure, with very tight timelines, and with the ability for a losing party to go to court to seek a different result. Currently, very little attention is paid to the CLA during the typical construction project. Most labour and material suppliers down the construction pyramid know of the requirement to hold back 10 per cent of every progress payment, and many contracts include a clause to that effect (though the holdback requirement applies no matter what the contract says). Most suppliers are also aware of the tight 45-day timelines to register claims for lien to protect payment. However, most subcontractors do not look to the CLA until a dispute arises – when payment is not received, and negotiation has failed – at which time the lien provisions of the CLA are used. The lien right under CLA is often called the “nuclear option,” with almost no chance that the parties will be able to work together to complete a project once invoked. Counterclaims in lien actions are almost a given, as is the fact that funds will stop flowing for months, if not years. Prompt Payment – the Mechanics Under the new regime, the Construction Act’s strict payment rules will influence a project almost immediately once contract work starts. The prompt payment provisions kick in when the

contractor issues a “proper invoice” to the owner. Unless there is a contractual provision to the contrary, the owner will have to be billed monthly. Once the owner has received a proper invoice, strict payment terms are triggered, and the owner has 14 days to raise any objections with the invoiced work. If no objections are raised, the owner will have 28 days to pay the invoice. Once the funds are received by the contractor, the contractor then has seven days to pay the subcontractors. However, if the owner raises an objection, it can refuse to pay the amount objected to, but must pay the balance. A contractor who receives one of these objection notices from an owner can give notice that it is passing that objection down, and refuse to pay the responsible subcontractor. Everyone else has to be paid within seven days. If the contractor was not paid by the owner, but did not receive notice from the owner of a problem or concern with the invoice, the contractor still has to pay the subcontractors 35 days from the date the “proper invoice” went up to the owner, unless notice is given of the owner’s failure to pay. This is, in essence, a statutory enshrinement of “pay when paid,” but comes with a very important caveat; the contractor has to undertake to start an adjudication against the owner for the unpaid funds, and that adjudication has to start within 14 days. Adjudication This is a brand-new concept virtually unheard of in North America, though it has been in place in the UK for almost two decades. It joins negotiation, mediation, arbitration and litigation as dispute resolution tools, and is sometimes described as a mix between mediation and arbitration, though it is deserving of its own category. Adjudication

Continued on page 16 4

Spring 2018 Dialogue 15

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