NORTHWEST TERRITORIES /NUNAVUT

Construction companies in the NWT and Nunavut had until today to issue their comments about newly-proposed and hotly-contested Occupational Health & Safety Regulations that many say could adversely impact Northern contractors.

Members of the NWT and Nunavut construction industry had until today to issue comments about proposed regulations that would modernize and replace the territories' outdated Safety Acts, but would also negatively impact the operations of employers in many areas, say some. Here, William Storr works on a new youth centre in Inuvik. - NNSL file photo

According to Phil Moon Son, executive director of the NWT Construction Association, the deadline did not give companies enough time to thoroughly digest the proposed changes, outlined in a 366-page document and posted on the Workers' Safety and Compensation Commission in September.

"We're kind of upset," said Moon Son.

In early December, after receiving the early 2011 extension – companies originally had until Oct. 31, 2010 – the association made several requests by phone and email, asking for additional time beyond Jan. 10 to respond to the proposed changes, which were drafted by a ministerially appointed committee headed by the WSCC's chief safety officer, Judy Kainz.

The association never heard back from Kainz or anyone on her behalf, said Moon Son.

"We haven't received a response either way. We get the impression that if they were going to give us an extension, they would have already done it," he said last week.

That wasn't the only call that went unanswered, he added.

"The other thing we're asking for is we're asking for the minister (in charge of the commission, Robert C. McLeod) and the committee, to start from scratch – not cancel the whole (proposed set of regulations) but restart the consultation."

That specific request, also made in early December, went to McLeod's office, with the association expressing its willingness to talk over the phone should the minister, based in Inuvik, prove unable to meet in person.

Moon Son never heard from the minister, either, he said.

"We think the minister is not going to give us an extension" he said. "Both offices have been contacted – the minister's office and the safety committee – and we have not received a response either way."

Despite multiple calls to his office, the minister could not be reached for comment.

Kainz began a two-month vacation on Nov. 15, about three weeks after several disgruntled contractors assembled in Yellowknife to discuss their concerns about the proposed changes – namely, the classification of all construction work as "high hazard" work, which requires 30 days prior notice to the chief safety officer before work starts. Attendees also claimed the committee had not adequately consulted the construction industry, and some expressed doubts that companies would have enough time to adequately evaluate the 366-page draft.

Kainz was not due back in her office until today – deadline day.

Via an e-mail statement sent to News/North last week, Kainz said, "The construction association did request an extension to March but the committee extension is Jan. 10, 2011. I sent them a letter

informing them of the new date. At the time, they seemed OK with the new date. If they have made another request, I have not seen it."

Even if companies had more time, it may not make a difference for some, according to Ann Marie Tout, president of the NWT Chamber of Commerce.

"Frankly, small companies could have two years to review the regulations but they don't have the resources and capacity to do that," she said. "For us, it's not necessarily a matter of timing; it's more (about) process."

Tout did agree with Moon Soon: the consultation process must start anew

"We would just as soon see (the proposed regulations) put to bed entirely and start over, working with some industry and businesses representatives to come up with more practical guidelines."

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