Fishing Vessel Safety In British Columbia

1. Fishing Vessel Safety In British Columbia Where are we at? Shane Neifer, Occupational Safety Officer WorkSafeBC

2. Some History30 Years Ago • 1975, the Bravado • Sank crossing Hecate Straits, light with net on the drum • 6 lives lost • Coroner and jury recommends: • Inspection should include stability • Modifications that effect stability be reported • Stability criteria down to 40 feet (from 80) • Modifications recorded and reported

3. Some History8 Years Ago • 1997, the Pacific Charmer • Sank in Georgia Strait while trawling for herring • 5 persons on board, 3 rescued, 2 died • Corners jury recommended • Any major modifications or changes to vessel’s weight that effect stability be documented and forwarded to proper authorities

4. Some History3 Years Ago • 2002, the Cap Rouge II • Corner and jury recommendations • Current vessels without stability data have roll period test and freeboard verification • Fishing stability taught in a manner understandable to fishermen • All vessels at risk undergo a full inclining experiment and provide complete instructions to master • Safe maximum load line placed on every vessel • Addition of a maintenance modification log documenting changes to the vessel, remaining with the vessel for life • Governments to assist in a change in safety culture within the industry and help develop a ‘code of best practices’ • 30 years, same recommendations!

5. The IssuesThe Main Three • There are three main issues that contribute to most of the fatalities in BC’s fishing industry. • Vessel Stability • Coldwater Immersion • Emergency Drills • Injuries occur fairly often and tend to be largely slip and trip related with a number of cuts and factures.

6. BackgroundThe Data Fatalities, Claims & Participation: 1991 - 2004

7. BackgroundThe Data Fishing Percentages of BC Workforce

8. BackgroundThe Data Fatalities by Gear Type 1991 – 2001 85% Drown

9. BackgroundThe Data • Summary of the data • 85% of fishing fatalities are from drowning or being lost at sea • About 50% of these result from vessels sinking or capsizing • A ‘good’ year (1997) 1 in 7238 fishermen died • Last year (2004) 1 in 1214 fishermen died • Industry wrongly accepts this high fatality rate as part of the “life at sea”!

10. BackgroundThe Financial Case 2000 WCB forgives approximately $35 million in unfunded liability • Introduce 6 CU’s to replace the single CU to better collect fishing sector specific data • Addressed areas of revenue leakage • In Fishing, fatalities are claims cost driver (injuries drive claim costs in other industries) • Approximately 43% of fishing fatal claims result from unstable fishing vessels • Decreasing injury rate and duration of injuries is seeing fishing CU’s nearing the fully funded status, number of fatalities are still too high and expensive

11. BackgroundThe Legal Case • A Brief History • 1991 Supreme Court of Canada denies appeal of Ontario Labour Board decision determining that “business of fishing” falls to provincial jurisdiction • January 1995, WCB of BC introduces Canada’s first and only Provincial fishing specific safety regulation • Apr/May 2002, WCB and Transport Canada enter into an MOU on jurisdiction on fishing vessel safety

12. A Guideline is writtenVessel Stability • The Cap Rouge II investigation highlighted the complexities of determining adequate vessel stability • Requirements in the regulation around vessel stability are general and offer no guidance for consistency • Industry will require a “level playing field” from which to measure the stability of their vessel • The Guideline is a proactive measure to allow industry to address these issues before enforcement is initiated • The Guideline offers consistency of enforcement so that industry will be aware of what the enforcement criteria are • Administration of Guideline should ensure regulatory due diligence

13. A Guideline (con’t)Vessel Stability • What does the Guideline say? • S.24.72(b) of the OSHR requires the owner to offer appropriate instructions for the stability of the vessel • As in all other equipment operations, these instructions need to be meaningful • A vessel must be formally assessed to determine a baseline from which various operating conditions can be modeled and described • Suggests inclining experiments for vessels with closed (void) spaces and freeboard verification and sailing restrictions for vessel with no void spaces • It is only from these formal assessments that owners can offer appropriate and meaningful instructions on vessel stability to their crew

14. ConsultationsVessel Stability • Guideline was developed in consultation with Transport Canada, the Naval Architect community and the Fishing Industry • Industry Comments • Industry is concerned about the cost for this requirement ($2 to $10 K per vessel, plus needed repairs if required) • Industry does not dispute the need for this work to be completed • Industry understands that this is a one time requirement as long as the data are maintained • Industry wants to be proactive and participate in the required educational component of this initiative

15. Stability ImplementationThe Phased approach • There are about 3500 licensed fishing vessel in British Columbia • Formal stability assessment can be time consuming • The Naval Architect Community is presently working near capacity • Need to develop a phased approach to implementation of requirements while ensuring that Coroner and Accident Investigation recommendations are being addressed

16. Stability ImplementationThe First Phase – Vessel Selection • Transport Canada has established proposed criteria for formal stability assessment of fishing vessels • These criteria have been coupled with recent accident statistics to select phase one vessels • Proposed Phase One vessels include the following vessel classes over 15 metres: • Trap • Packers • Trawl • Seine • Longline • This will total 402 vessels based on 2004 Fisheries Canada Licensing Data. • 142 of these vessels should have valid stability documentation as they participate in herring seine fisheries or are in excess of 24.4 metres and 150 gross tonnes

17. Stability ImplementationThe First Phase – The Process • An appointment will be arranged to confirm stability risk factors • If the factors are present then instructions will be requested • If the instructions are not available or do not meet the intent of the Stability Guideline an Inspection Report will be issued • The Inspection Report will include the guideline and will highlight the requirement for the instruction to be based on formal stability analysis • The Inspection Report will require the work be undertaken in a specified period of time (6 to 12 months) • Within 30 days of receipt of the Inspection Report the owner will be required to have scheduled the work will be required to report back to the board the date that the instruction will be completed and which professional • At the time of the initial consultation other safety issues will also be discussed, such as emergency drills, pfd use, rigging, stowage of life rafts, etc.

18. Stability ImplementationPhilosophy! • It must be understood that this stability requirement is vessel specific • The ‘instruction to the crew’ will enable the master and crew to make timely and informed decisions on vessel loading and operating procedures • This Stability Initiative requires good and informed education best developed by industry for industry • This stability initiative is only one part of an overall safety program for the commercial fishing as promoted by Fishsafe with the BCCPFH, the UFAWU/CAW and the BC Seafood Alliance through programs like the ‘Safe at Sea” DVD series and the proposed vessel stability training program

19. Other Concerns • Coldwater Immersion • Responsible for about 40% of all fatalities • Physiological responses result in deaths long before hyperthermia sets in • Emergency Drills • Crew unfamiliar with the entire operation of the vessel offer little assistance in times of an emergency • Unassigned duties often lead to loss of valuable time • Quick effective action often results in a bad situation being corrected

20. Where are we going? • Strong push for change in the safety culture • Government agencies and departments committed to supporting this change • Addressing significant issues around fatalities • Leaning heavily on education but with an enforcement component • Significant consultation between governments and with industry is a new development • Fishsafe, is an industry safety project funded through WorkSafeBC

21. Getting the Word Out

22. Conclusion • There are three significant issues leading to fishing fatalities in BC waters. • Vessel Stability • Coldwater Immersion • Lack of emergency preparation • Raising the profile of the high fatality and injury rate in this industry should lead to more awareness of the issues and the development of programs to address these concerns. • Enforcement of the stability requirements will ensure safer vessels and introduce industry to formal safety initiatives. • A cooperative and inclusive approach, including independent fishermen, the fishermen’s union and associations, sector specific associations, the fish processing sector, Fishsafe, governments and educators, working towards continued consultation and education should lead to a positive change in safety attitude within the fishing community. • Industry lead training will ensure that fishermen will receive training that fishermen need in a format that they understand.

23. Other sources of Information • Industry safety initiatives on www.fishsafebc.com • WorkSafe’s Fishing Portal on www.worksafebc.com • Transport Canada www.tc.gc.ca