Industries flock to sites at CentrePort

Courtesy of The Winnipeg Free Press

A shortage of serviced industrial land is driving up land prices at a double-digit pace and sparking a mini building boom on the CentrePort site in northwest Winnipeg.

The leasing agents for two industrial parks on Brookside Boulevard -- one on the north side of Inkster Boulevard and the other on the south side -- said they're seeing an increase in demand for ready-to-develop land in their parks.

"The interest in acquiring land is the highest I've seen it since 2007," said Martin McGarry, president of DTZ Barnicke Winnipeg and a leasing agent for Brookside Industrial Park on the north side of Inkster.

McGarry said they sold two parcels of land last year and have four more deals in the works.

Across the road at Brookside Business Park, leasing agent Robert Scaletta said two new industrial buildings have gone up in the last year and four more are under construction.

Scaletta said negotiations are also underway with other prospective buyers who are interested in purchasing another five parcels of land within the 150-acre park.

Kaycan Ltd., one of the country's largest manufacturers and distributors of outdoor building materials, is one of the latest companies to acquire land in Brookside Business Park.

Regional manager Mel Rogers said the Montreal-based firm is building a 50,000-square-foot warehouse/distribution centre on a five-acre parcel of land there.

He said the company has outgrown its existing regional distribution centre on Keewatin Street, and a two-year search failed to turn up another industrial building or piece of land within the city that was big enough to meet its needs. So it bought land in Brookside Business Park, which is located in the neighbouring Rural Municipality of Rosser.

Scaletta and McGarry said the strengthening economy is helping fuel demand for industrial land because businesses are feeling more comfortable about expanding their operations.

In this issueMHCA Executive Meeting Highlights 3

LEX Corner 5

Breakfast with Leaders Event Recap 9

Safety Talk: Winter Driving Safety 11

Industries flock to sites at CentrePortMini building boom going on

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March 3, 2011

The Heavy News Weekly 2

But the dearth of serviced land within the city also has a lot to do with it, McGarry said.

"In southwest Winnipeg it's virtually impossible to buy land. It's either already owned or tied up by developers."

He said the Inkster-Brookside area, located within the sprawling 20,000-acre CentrePort Canada inland port site, is the only area where there is still a good supply of available land. So that's where many buyers are having to go, and where most of the new industrial development is likely to occur in the next few years, he said.

A new commercial real estate market report issued Wednesday also talks about the shortage of serviced industrial land in Winnipeg and the impact it's having on prices.

Prepared by Avison Young (Manitoba), NewWest Enterprise Property Group and Clarus Real Estate Advisors, the report says industrial land prices have been increasing at a rate of about 10 per cent a year for the last three years as the supply of land continues to dwindle.

Wes Schollenberg, managing director of Avison Young (Manitoba), said in an interview the supply of serviced land is at a 20-year low in Winnipeg. Even city-owned St. Boniface Industrial Park, which used to have an abundant supply of available sites, has virtually nothing left for sale, he added.

He said part of the problem is that the focus in Winnipeg in recent years has been on residential and retail development rather than setting more land aside for industrial uses.

McGarry said land developers have also been scared off by the high upfront costs of developing industrial land, especially when it traditionally has taken nearly twice as long to find buyers for such property.

But with the inventory of serviced land so low, that may be about to change, he said.

Industries Flock to sites at CentrePort (continued from page 1)

INVITATION TO PARTICIPATE on MHCA Events CommitteeConsistent with priorities adopted at the MHCA AGM, further reviewed by the MHCA Board at its January 19, 2011 meeting, and circulated to all members on January 20, 2011, we are pleased to extend an invitation to MHCA members to participate on the MHCA Events Committee to be chaired by Mickey Stanley.

You / your company are invited to indicate if you would like to participate on this committee for this year.

MHCA Events CommitteeThe mandate is to address, plan, and organize all MHCA events for 2011.

The Committee will be meeting throughout the year on a number of topics and events, which include:

June 8, 2011 – Spring Mixer »

August 3, 2011 – Annual Golf Classic »

November 25, 2011 – AGM & Chairman’s Gala »

January 12, 2012 – Curling Bonspiel »

Any MHCA Member is welcome to participate on the above committee. As noted above, if you or someone in your company would like to participate, please notify Christine Miller by email at [email protected] or phone at 947 1379.

Attending MHCA events is good for you and your business. Events provide networking and ‘mix ‘n mingle’ opportunities among membership, industry & government. As indicated above, the MHCA hosts numerous events throughout the year such as Breakfast with Leaders, Spring Mixer, Annual Golf Classic, Curling Bonspiel, Annual Meeting and Chairman’s Gala.


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MHCA Executive Committee Meeting HighlightsWINNIPEG - The following highlights matters addressed by the MHCA Executive Committee at its February 16, 2011 meeting:

TRADE & TRANSPORTATION COMMITTEEThe MHCA President is a member of the Winnipeg Chamber of Commerce Trade & Transportation Committee. Its mandate is to advance policy directions in support of enhancing the condition and competitiveness of Winnipeg’s transportation system.A sub-group will meet with the Chair of the Infrastructure Renewal and Public Works Committee and the chair of the City’s Transportation Plan Steering Committee to determine the directions being pursued in support of those objectives and report back with recommended next steps.

MIT/MHCA ANNUAL PARTNERING SESSIONThe first MIT/MHCA Annual Partnering Session meetings were held in Gimli, Manitoba, February 8 & 9, 2011. Topics covered included the following:

The » budget approval & program management process was explained & discussed. MIT assured its objective to ensure tender schedule release by the Grey Cup and to flow the full program including substitute projects – it usually reaches within or above the authorized program by 1%. In order for there to be a better and more informed sharing »of MIT/MHCA/industry constraints, it was agreed that there was value in the MHCA participating in the annual MIT project managers’ conferences and that the MHCA/MIT Highways Committee meetings should re-convene to further address relationship and field experience matters.Specification methods » were reviewed and explained from an owner perspective. The pros and cons of methods based, end product and performance based specifications were identified, reviewed and discussed. Consensus was that a balance between method and end product spec was desirable to ensure a ‘knowledgeable’ owner, reduce contractor risk, and have quality products at competitive prices. It was agreed that the MHCA/MIT Highways Specifications »Committee would meet to review specifications to possibly reduce prescriptive requirements where practical. There was considerable discussion related to » proposed major tendering policies which are to be released by the provincial government. The areas of new policy focus include: Aboriginal participation; apprenticeship & Training; and COR Certification requirements.An overview of the » flood risk and outlook was presented. MHCA offered to assist the department in any way it deemed appropriate. An overview of the » impact of environmental assessments, navigable water approvals and related procedures and their impact on bridges was presented. Policies related

to permits were discussed. The MHCA agreed to press at the national level for the streamlining of environmental assessments and navigable waters approvals. A presentation by MIT was made on » lidar survey technology that will have an impact on how surveys are done in the future. Some specifications will also likely need to change to take advantage of this technology.MHCA expressed considerable concern about moving »towards a 20% biodiesel fuel mix: fuel becomes cleaning agents, resulting in clogging and emissions problems; most equipment is older than 2008 model years and would require replacement of existing fuel tanks and related equipment; gelling and low temperatures was another issue raised; considerable expense was involved with no real environmental advantage or costs benefits achieved. MIT advised that a small pilot, to be run internal to the department, would be taking place.The MHCA noted the importance of » Rolling Capital Budget and an Annual and Five year program. MIT will be putting out a public version of the multiyear program this spring. MHCA will continue to pursue political support for Rolling Capital Budget and an Annual and Five year program.There was discussion about the » negative impacts on relationships and costs of excessively high liquidated damages which ran the risk of appearing to be penalties and distinct from damages. These were driven in recent years by the requirements of federal program funding. MIT expressed an openness to review and consider other appropriate measures.It was agreed that rolling budgets, earlier tendering, a »balance between method and end specification changes, streamlining environmental and navigable water approvals, participation in the MIT project managers’ conference, re-engaging the MIT/MHCA Spec Review and the MIT/MHCA Highways Committee and an annual ‘partnering’ session such as the one hosted, were areas of mutual priority and interest.

ACCOMMODATIONSAt the January 19, 2011 meeting of the Board authorized proceeding with a commercial lease agreement for premises at 1680 Ellice Avenue, in Winnipeg, Manitoba. An objective is to tender with a construction completion date of June 15, 2011.

NATIONAL INFRASTRUCTURE SUMMIT (NIS)Regina Mayor Pat Fiacco initiated and hosted the first National Infrastructure Summit (NIS) January 26-28, 2011 in Regina. Mayors from Winnipeg, Montreal, Toronto, Kitchener, Calgary, Mississauga, the AMM and many other key municipal leaders from across Canada were present.The Canadian Construction Association (CCA) was a sponsor of the conference. CCA Chair Wayne Morsky spoke at the NIS. Incoming CCA Chair Dee Miller, Chris McNally Chair CCA


MHCA Executive Committee Highlights (continued from page 3)

Civil Infrastructure Council, Stephanie Rae and Bill Ferreira all from the CCA attended. Shantel Lipp President of the Saskatchewan Heavy Construction Association and MHCA President Chris Lorenc were in attendance as well.Important outcomes of the NIS include but are not limited to: National, local and regional media coverage; federal participation; a task force to develop an infrastructure delivery and funding model is to be struck; and a second NIS is to convene in June 2012.

MAJOR TENDERING POLICY(S)The Manitoba Heavy Construction Association (MHCA), Merit Contractors Association of Manitoba and the Winnipeg Construction Association (“the Associations”) have jointly considered proposed policies related to provincially tendered capital projects. The Associations are fully supportive of the workforce development objectives referenced in those policies. However, three areas of concern have arisen upon which input and continuing dialogue between the Industry and the responsible Departments is necessary. Those relate to: Bidder’s Certification Form language; Subjectivity in contract language; and language associated with COR as a Condition of Contract.

INFRASTRUCTURE RENEWAL & PUBLIC WORKSHenry Borger Chair of the MHCA Winnipeg Committee and MHCA President Chris Lorenc appeared before the above committee February 1, 2011 to speak to the proposed 2011 Capital Program and the projected five year 2012-16 program. The message was not how to raise revenues, or what levels, but to point out that the proposed direction was in conflict with Council’s stated commitment to act consistent with sustainable development principles. The latter urge decisions being made which reasonably meet needs in a manner which does not deny fiscal / policy flexibility for future generations. A number of questions related to impact upon the economy, the workforce, the growth of the infra deficit, the impact upon opportunity, impact upon future budgets were asked for them as a committee to address, given their ‘infrastructure renewal’ mandate.

HEAVY EQUIPMENT OPERATOR SIMULATORSThe Manitoba Construction Sector Council (MCSC), approved pursing a comprehensive funding application for next generation simulators to train and develop Heavy Equipment Operators (HEO) and upgrade the skill sets of existing HEOs within the heavy construction sector in Manitoba.

WCB COR PROGRAM INCENTIVESAs a result of a positive external evaluation of the COR Program which demonstrated that COR firms had lower injury rate, assessment rates and lower injury costs, the WCB Board of Directors has decided to not only make the

incentive program permanent, but as well to increase the first-year discount from 5% to 10% for the year in which a firm first receives COR Certification. This begins with the 2012 rates. The remaining features of the program, including funding and the criteria for continued eligibility will remain unchanged.

WORKSAFELY The Director of the WORKSAFELY Program presented an overview of the programs current areas of activity. The Director also provided an overview of how the ‘WORKSAFELY Advisory Committee,’ consisting of industry safety program practitioners and stakeholders would provide input and advice; how the WORKSAFELY Chair, Nicole Chabot would ensure contact with industry for program impact and advice; and how the outcomes of both initiatives would be brought to the Executive Committee and ultimately the Board as the program managers.

WORKSAFELY E-LEARNING INITIATIVEThe Director presented a proposal to offer industry an e-learning/computer based training platform. As a result of the review and discussion it was unanimously agreed that the MHCA proceed with the proposed entry into the e-learning/computer based training platform, subject only to Board approval.

QUANTIFYING INFRASTRUCTURE DEFICITSThe Federation of Canadian Municipalities (FCM) is leading an initiative with the Canadian Society for Civil Engineering (CSCE), the Canadian Public Works Association (CPWA) and the Canadian Construction Association (CCA) to develop a National State of Canadian Infrastructure Report Card. The project purpose is to: develop and implement a process to collect and analyze data on the condition of Canada’s infrastructure; report on the current state and future trends of Canada’s infrastructure, based on existing information and expert knowledge; and raise awareness about current infrastructure issues, challenges and future trends. To date roughly 31 Manitoba Municipalities have signed on.


In the first instalment of this three-part series of articles, the Supreme Court of Canada’s 1981 landmark decision in The Queen (Ontario) v. Ron Engineering and Construction (Eastern) Ltd. was reviewed. That decision established the "Contract A/Contract B” methodology for the analysis of tendering issues that is now routinely used by all courts in Canada when dealing with tendering disputes.

While the Ron Engineering case was concerned primarily with the nature of the obligations imposed upon bidders under Contract A (i.e. the "bidding contract”) in a typical tendering scenario, subsequent decisions from the Supreme Court of Canada have further explored the extent to which obligations under Contract A will also be imposed upon an owner who puts out a call for tenders. It is now well established in Canada that the parties to a tendering process may have "reciprocal” obligations arising both expressly and impliedly from Contract A.

M.J.B. Enterprises

In the 1999 case of M.J.B. Enterprises Ltd. v. Defence Construction (1951) Ltd., the Supreme Court of Canada considered the effect that a commonly worded "privilege clause” would have upon a situation in which an owner had chosen to accept a "qualified” bid that did not comply with the terms of the owner’s tender call, rather than accepting a "compliant” bid.

The privilege clause in question appeared to reserve a broad discretion for the owner – it stated that "[t]he lowest or any tender shall not necessarily be accepted”. The question that arose was whether the privilege clause gave the owner the discretion to award the construction contract to "anyone”, including a bidder who had submitted a non-compliant bid.

The Supreme Court of Canada held that, while the discretion retained by the owner through the privilege clause was a discretion to consider more than just the prices quoted in the tenders when comparing competitive bids (pointing out that an owner might include other criteria within the tender package to be weighed in addition to "cost”), the owner was nevertheless obliged, on the terms of this particular tender call, to accept only a compliant bid.

In reaching this conclusion, Justice Iacobucci, who wrote the decision for the court, explained that it was obvious to him

that exposing oneself to the risks of the tendering process made little sense if the party issuing the call for tenders was allowed, in effect, to "circumscribe this process” and accept a non-compliant bid. He therefore considered it reasonable to find an implied term that only a compliant bid would be accepted.

Perhaps more importantly, Justice Iacobucci also ruled that the obligation to accept only a compliant bid was not incompatible with the privilege clause.

Martel

Approximately a year and a half after the issuance of its decision in M.J.B., the Supreme Court of Canada had occasion to make further comments regarding the scope of an owner’s obligations under Contract A. In November of 2000, the Supreme Court issued its decision in the case of Martel Building Ltd. v. Canada, in which it ruled that, to give efficacy to the tendering process, it was reasonable to imply a term into Contract A that the owner would treat all bidders "fairly and equally”.

In Martel, Justices Iacobucci and Major, who co-wrote the court’s decision, said:

Implying an obligation to treat all bidders fairly and equally is consistent with the goal of protecting and promoting the integrity of the bidding process, and benefits all participants involved. Without this implied term, tenderers, whose fate could be predetermined by some undisclosed standards, would either incur significant expenses in preparing futile bids or ultimately avoid participating in the tender process.

Justices Iacobucci and Major also ruled that a privilege clause reserving the right not to accept the lowest or any bids does not exclude the obligation to treat all bidders fairly. They were, however, quick to point out that the tender documents must be examined closely to determine the full extent of the obligation of fair and equal treatment and that, in order to respect the parties’ intentions and reasonable expectations, such a duty must be defined with due consideration to the express contractual terms of the tender call.

Double N Earthmovers

In the 2007 case of Double N Earthmovers Ltd. v. Edmonton (City), the Supreme Court of Canada confirmed that an owner’s obligations under Contract A to unsuccessful bidders, and, in particular, its implied obligation to treat

LEX CORNERDe-Mystifying the Law of Tendering - Part Two of a Three Part SeriesBy Richard M. Swystun, B.Sc. (Mech. Eng.), LL.B., Tapper Cuddy LLP

Featuring articles from two of Winnipeg's largest law firms, Thompson Dorfman Sweatman and Tapper Cuddy, each of which are engaged by many in our industry.

Continued on page 6


bidders fairly, do not survive the owner’s acceptance of a compliant bid and the creation of Contract B (i.e. the "construction contract”) with the successful bidder.

In Double N, an owner who had issued a call for tenders for an equipment and operator supply contract accepted a bid that was compliant on its face, but subsequently permitted the successful bidder to supply equipment that did not correspond with the terms of the original tender call.

In response to the contention of a rival bidder that the owner had breached its obligation to treat all bidders fairly and equally by permitting the successful bidder to provide equipment that did not correspond with the terms of the tender call, the Supreme Court of Canada ruled that the owner had not breached any such obligation because the conduct that the rival bidder complained of (namely, the owner’s waiver of the requirement to provide the initially-specified equipment) was conduct which had occurred after the owner’s award of Contract B, at a time when any obligations owed by the owner under Contract A to unsuccessful bidders had been fully discharged.

The Supreme Court pointed out that Contract B is a distinct contract to which the unsuccessful bidders are not privy and that, once the owner had undertaken a fair evaluation of the competitive bids and had accepted an offer from one of the bidders to supply compliant units, the successful bidder’s failure to supply as promised became a matter between the owner and the successful bidder alone.

Protecting the Integrity of the Bidding System

In each of the tendering cases mentioned above, the

Supreme Court of Canada has endeavoured to protect the integrity of the bidding system and, at the same time, give effect to the ordinary rules of contract law. Sometimes it is difficult to achieve both goals.

In the face of decisions which have imposed a variety of obligations upon owners in the tendering process, owners have responded by inserting various clauses into their tender documents which purport to water down, or outright eliminate, such obligations. Under the basic law of contracts, owners can reserve privileges to themselves and limit their exposure to liability by the use of "privilege clauses” and "exclusion clauses”. The courts will, however, typically try to interpret such clauses in a fashion that will protect and promote the integrity of the bidding system.

In the next, and final, instalment of this three-part series of articles, the Supreme Court of Canada’s somewhat controversial decision in Tercon Contractors Ltd. v. British Columbia (Transportation & Highways) will be reviewed. In that case, the Supreme Court was called upon to consider the effect of a rather broadly worded exclusion clause and its potential impact on a claim for damages brought by an aggrieved bidder who sought to escape the operation of that clause.

Richard M. Swystun is a partner with the firm of Tapper Cuddy LLP who practices primarily in the areas of construction law and civil litigation. He can be reached by phone at (204) 944-3237 and by email at [email protected].

This article is for general informational purposes only. Its content is not intended as specific legal advice and it should not be relied on as such. The information contained in this article may not apply to or be appropriate for your situation. Any person with a specific legal question or problem should obtain the advice of a qualified lawyer.

LEX Corner (continued from page 5)

CEM Young Professionals Event Announcement: A Night on the IceWhat: Night with the Moose (Dinner & Hockey Game)When: Wednesday March 30, 2011; 5:30 – 10:30 PMWhere: MTS CentreCost: $25 (includes dinner with pop and 100 level ticket; alcoholic drinks extra)

The Moose are playing their rivals, the Rochester Americans, in the final of eight home games for the Moose at a critical time for playoff positioning in the North division. Admission includes a pre-game meal on the third floor.

The CEM YP are dedicated to helping Young Professionals within the Winnipeg engineering community network and develop productive, professional relationships. A Young Professional is any engineer, geologist, geoscientist, technician, or technologist with ten years or less experience in their field. We hope you will come join us for a fun evening of networking with YPs from across the city and industry!

Please register by emailing [email protected] with “Night on Ice” in the subject line by Tuesday, March 15. Payment, by cheque, is due on Tuesday, March 22. For questions, please contact [email protected] or phone 774-5258.


Innovation is Critical By Peter Hall, Vice-President and Chief Economist of Export Development Canada

It’s a really bad day. You’re half a world away and web access in your hotel is down indefinitely. You left your AirCard on the plane, and there’s no internet café nearby. Getting out of your cab, the BlackBerry fell into a puddle. Zap. Your IT hotline is busy. You’re staring a 7AM deadline in the face, and you are down to a word processor, a spreadsheet and an external memory device. Disaster.

How the world has changed. Conditions that today cause commercial paralysis were perfectly normal just 15 years ago. Somehow we managed, but we’ve probably forgotten how. Although it is oft-said, the speed and scale of technological progress in the past few decades has been stunning. Among comparable developments over the course of human history, recent innovation has no peer.

This innovation is revolutionizing world trade. It is key to the exponential surge of globalization, and for firms that want to play in the global trade space, innovation – past, present and future – is a critical strategic factor. Innovation is a lot like hockey: you have to play very fast just to keep up; those who excel are the ones who know not just where the puck is, but where it’s going to be.

Three facets of innovation are essential to surviving and thriving in the current context. First, there is product innovation. Remember the 286 PC? A leader in its time, it’s now space junk. The mouse was a huge leap forward, but the touch pad is sending it and a litany of yesterday’s ‘wow’ products to the boneyard. More traditional products aren’t exempt. India’s famed automobile, the Ambassador, is an iconic product that has wilted for lack of innovation. In today’s economy, product innovation is a must.

Process innovation is a second and related facet. Product changes aside, production processes themselves can make all the difference. Huge gains can be made by marrying technological developments with lean and continuous improvement mindsets. This is crucial for product groupings that are more homogeneous and commoditized, as slight price-point differentials can have a massive impact on sales. Considering that globalization is increasing the relative commoditization of all products, there are few classes of goods and services that are exempt from this aspect of innovation.

The first two facets are actually centuries-old business axioms that have been accentuated by recent innovation. A third facet, production innovation, is a brainchild of modern innovation. Today’s technology allows firms of all size to manage or participate in just-in-time, globally integrated supply chains – sci-fi in the ‘70s, but now, increasingly the norm. Organizing business this way allows enterprises to harness the various commercial strengths of countries and regions around the planet, creating globally-efficient goods and services with super-sized market potential.

Critics often slam this as a destructive domestic-job-depleting scheme with limited overall benefits. Trouble is, if you’re not doing it, your competition is, and that’s definitely job-killing for you. Seen another way, it is a potential solution to an economy with increasingly scarce labour – unless it’s wildly successful, in which case you are adding higher-value – jobs to your payroll.

The bottom line? Here, use my AirCard. You’ll make that deadline. But as you re-connect to the world, just remember how much more all that technology can do for you – and for the competition.


2011 Proposed City of Winnipeg Capital Construction Program

Presenters: Lester Deane, P. Eng., Manager of Engineering, Public Works Department & Mike Shkolny, P. Eng, Manager of Engineering, Water and Waste Department

Location: CanadInns Polo Park — Ambassador K Room

Time: 7:30am Registration/7:45am Breakfast/8:00am Presentations

Price: $35/person includes breakfast

To Register: Contact Christine Miller, MHCA Events Manager at 947-1379 or by email to [email protected]

WATCH THE HEAVY NEWS WEEKLY FOR UPDATES ON OUR BREAKFAST EVENTS.

Breakfast with Leaders Event — March 31st, 2011

INVITATION TO PARTICIPATE on MHCA Aggregate Producers CommitteeConsistent with priorities adopted a the MHCA AGM, further reviewed by the MHCA Board at its January 19, 2011 meeting, and circulated to all members on January 20, 2011, we are pleased to extend an invitation to MHCA members to participate on the MHCA Aggregate Producers Committee to be chaired by Warren Sigfusson.

Its first meeting shall convene at 12:00 noon Wednesday, April 6, 2011 at the MHCA offices 1236 Ellice Avenue and you / your company are invited to indicate if you would like to participate.

MHCA Aggregate Producers CommitteeThe mandate is to address matters of interest or concern of the aggregate producers and its relationships with the Mines Branch and related government agencies.

The DRAFT Agenda (suggestions for additional topic areas are welcomed) for the first meeting is proposed as follows:

Electrical Mines Inspection/Ground fault protection continues to be an problematic area. The one inspector’s »interpretation is becoming problematic;

Rehab Levy Program and /or Community Enhancement Fund should perhaps be re-visited. We are missing out »on an important initiative to enhance industry image and reputation to be seen to be contributing visibly to real problems;

Winnipeg Spec Review is required to deal with quality control of 6” down; »

Timeliness of permits; »

Multi-year permits; »

Review of Rehab program to determine monies raised, expended, amount in reserve, future directions; and »

Timeliness of tender ads by government agencies, departments. »

Any MHCA Member is welcome to participate on the above committee. As noted above, if you or someone in your company would like to participate, please notify Christine Miller by email at [email protected] or phone at 947 1379 by March 18, 2011 in order that final meeting arrangements might be made.

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Construction Safety Excellence™

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News Weekly

Breakfast with Leaders RecapWinnipeg – Jon Wooley and Scott Hoeppner, each lawyers from the MHCA member firm, Thompson Dorfman Sweatman, presented a very clear, articulate, and easy to listen to overview of the Workplace Safety & Health Act & regulatory framework at a MHCA hosted breakfast seminar on March 1, 2011. Copies of the PowerPoint presented are available to any member – simply contact Jason Rosin at the MHCA offices ([email protected]) and one will be emailed to you.

There were a number of important ‘take aways’ from the presentation, which included:

Principle Costs Money: » if you getto the point of litigation, ‘principle costs money.’ Avoid having to deal with matters which may give rise to charges, court actions, litigation and determining if you wish to ‘pay for principle’ by taking the time to understand what your obligations under the law are as Prime, General Contractor, Employer & Employee.

COR Certification Program » offered by WORKSAFELY provides every company and its employees, regardless of size, with the necessary education and training to meet and exceed legislated requirements;

Document everything in writing. » While this may seem a nuisance, there is no better proof of programs, practices, policies, hazard assessments, workplace procedures and instructions - in short, due diligence - than those documented in writing. The worst thing you want to face is defending yourself with only ‘he said she said’ evidence. That just won’t cut it in court; and

Most importantly … » WORKSAFELY!

Scott Hoeppner (left) and Jon Wooley of Thompson Dorfman Sweatman

Coming Soon: New WORKSAFELY COR Banners!Watch for the new WORKSAFELY COR Banners coming soon, and make sure to get your FREE banner for your company worksite. Watch the Heavy News Weekly for details on when the banners will be available.

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Who can apply for COR™ Certification

The COR™ program is available to all; from owner operator to large corporations within the WCB Rate Code 407/408.

Manitoba Heavy Construction WORKSafely is the “Authority having Jurisdiction” to grant COR™ in the Province of Manitoba and practices the utmost diligence to ensure that the COR™ standards are upheld.

The Certificate of Recognition (COR™) Program is an Occupational Health and Safety Accreditation program that provides industry employers with an effective safety and health management system that meets national standards.

It is a comprehensive approach to reducing the human, financial and environmental costs of accidents and involves education, training and implementation of standard safety and health practices into a company program.

Achieving COR™ Certification demonstrates a firm has a safety and health program in place, but it also demonstrates the industry can self-administer a mature, responsible, and successful safety model.

Advantages of having COR™COR™ is frequently used as a pre-qualification and/or condition of contract by public and private project owners across »Canada.

The City of Winnipeg and the Province of Manitoba contract wording specify COR™ certification is required as a “Condition of »Contract”.

The Workers Compensation Board recognizes that firms who have COR™ certification have taken positive steps to »eliminate/minimize workplace injuries and this is reflected in the WCB rates.

The Workplace Safety & Health Division recognizes that COR™ certified companies have the fundamental provisions in place »to sustain an effective Safety and Health Management System.

Large firms undertaking major projects are using COR™ as a pre-qualifying condition to contract their services. »

How to attain COR™Our WORKSafely Team at MHCA are deployed throughout the Province supporting current COR™ certified companies, with a mandate to promote, educate and certify new firms in COR™.

Our WORKSafely Team can help you create an effective safety and health program that reduces costs to your firm due to illness, injuries and property damage. Our WORKSafely Team offers training and services that includes:

COR™ Certification »

Customized Safety Manuals »

Industry Required Training »

Heavy Construction Operator Training »

Gold Seal Certification »

Customized Safety Conferences »

Third Party Audit Readiness Reviews »

Weekly & Monthly Safety Communications »

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This Safety Talk is intended to bring awareness of workplace incidents and the measures to take to prevent recurrence. Print and review this talk with your staff, sign-off and post on a bulletin board. File for audit purposes (COR™ - Element #8 Training & Communications).

Winter Driving Safety — Icy Conditions

Safety TalkST 009-11 - March 1, 2011

Do you know how to drive properly in icy conditions? Adjusting your driving habits to accommodate the road conditions will help you to arrive home safe every time. Here are some things to keep in mind when driving on icy surfaces:

Maintain a safe following distance. It takes longer to stop on a slippery road. Keep plenty of room between you and other cars (at least 4 seconds).

Reduce your speed. The key to safe driving is taking your time and not rushing. This is especially true during poor road conditions. In winter, it is safer to drive below the posted speed limit.

Avoid sudden moves. Slow down and steer smoothly and gradually. Accelerate gently, turn slowly, and brake carefully and early. Avoid unexpected quick movements that could put you in a spin. Anticipate turns, stops, and lane changes well before they occur.

Watch for black ice. It’s one of the greatest dangers of winter driving and is often invisible. You can identify black ice because it makes pavement look darker than normal. It is often found in shaded areas, even when roads are otherwise clear and dry. Intersections can also be dangerous because car exhaust and spinning tires melt snow, which then refreezes as an invisible coating. It is very hazardous because it causes your vehicle to suddenly lose traction, braking and cornering control. Be especially careful on bridges, overpasses and infrequently traveled roads, which will freeze first.

Know how to handle a skid. A skid happens when your wheels slide out of control on a slippery surface. It is a result of driving too fast for road conditions. Should you lose control of your vehicle, steer into the spin and tap your brakes until you feel recovery of traction. Then slowly straighten the wheels and keep rolling.

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Date: __________________________________ Company: ____________________________________Performed by: ___________________________ Location: ____________________________________

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Employee Signature:________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Concerns:

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Corrective Actions

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Safety TalkThis Safety Talk is intended to bring awareness of workplace hazards and the measures to take to reduce or eliminate hazards. Print and review this talk with your staff, sign-off and post on a bulletin board. File for audit purposes (COR™ - Element #8 Training & Communications)

ST 009-11 - March 1, 2011

Title: Winter Driving Safety — Icy Conditions


Training Schedule

UPCOMING COR™ TRAININGMarch 7-11 Thompson, MBMarch 28 - April 1 Swan River, MBMarch 28 - April 1 Gimli, MBApril 4-8 Brandon, MB

MARCH 2011March 7-8 COR™ Supervisory LeadershipMarch 9 COR™ PrinciplesMarch 10-11 COR™ AuditorMarch 14 Excavating & Trenching (1/2 day AM)

March 14 Flagperson (1/2 day PM)

March 15 Prime ContractorMarch 15 COR™ Auditor Refresher (1/2 day AM)

March 16 WHMIS (1/2 day AM)/ TDG (1/2 Day PM)

March 17-18 Train the TrainerMarch 18 First Aid 1 — CPRMarch 29-30 Confined Space Entry Level 2March 25 Safe Work ProceduresMarch 28-29 COR™ LeadershipMarch 30 COR™ PrinciplesMarch 31 - Apr. 1 COR™ Auditor

APRIL 2011April 8 COR™ Auditor RefresherApril 12-13 Train the TrainerApril 14 WHMIS (1/2 day AM)/ TDG (1/2 Day PM)

April 15 Excavating & Trenching (1/2 day AM)

April 15 Flagperson (1/2 day PM)

April 18 Safety AdministratorApril 18 First Aid 1 — CPRApril 19-20 Confined Space Entry Level 2April 20 Back Injury PreventionApril 20 Fatigue ManagementApril 21 Toolbox TalksApril 25-26 COR™ LeadershipApril 27 COR™ PrinciplesApril 28-29 COR™ Auditor

Register by:

Email: Heather DeJaegher at [email protected] »

Fax: 204-943-2279 »

Cancellation Policy: The WorkSafely policy states cancellation must be made at least two business days in advance, otherwise full course fee charge will apply.

www.mhca.mb.ca

Customized training is available for your specific requirements. Call the WorkSafely office at (204) 947-1379 for more information.

REMINDER: WORKSAFELY requires

at least six people registered to deliver the

course.

Construction Safety Excellence™

Documents

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