Undergrounder. The. The Ontario Infrastructure Projects Corporation INSIDE ONTARIO SEWER AND WATERMAIN CONSTRUCTION ASSOCIATION

Transcription

1 Undergrounder SUMMER FALL ONTARIO SEWER AND WATERMAIN CONSTRUCTION ASSOCIATION The The Ontario Infrastructure Projects Corporation INSIDE Membership in the ORCGA Struck-By Accidents One Call Legislation Update Member Profile: Kovacs Sand & Gravel

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5 Undergrounder FALL 2005 ONTARIO SEWER AND WATERMAIN CONSTRUCTION ASSOCIATION MESSAGES The Undergrounder SUMMER FALL ONTARIO SEWER AND WATERMAIN CONSTRUCTION ASSOCIATION The The Ontario Infrastructure Projects Corporation INSIDE Membership in the ORCGA Struck-By Accidents - Superintendents and company owners need to walk the walk One Call Legislation Update Member Profile: Kovacs Sand & Gravel On the cover: Public Infrastructure Renewal Minister David Caplan announced the formation of the Ontario Infrastructure Projects Corporation (OIPC) on May 9, Senior Managing Publisher: David Long Publisher: Robert Phillips Senior Sales Manager: Allen Reimer Editor: Jonah O Neil Editorial Coordinators (OSWCA): Sam Morra & Gus Morelli Project Manager: Kim Davies Sales Manager: Steve Urias Book Leader: Bert Eastman Sales Representatives: Anook Commandeur, Brenda Ezinicki, Brian Hoover, Dawn Stokes, Gord Jackson, Ryan Jonasson Design & Layout: Naylor Publications, Inc. Advertising Art: Gord Klassen Research & Marketing: Allison Hansen Return undeliverable Canadian addresses to: Naylor Publications Distribution Dept. 100 Sutherland Avenue Winnipeg, MB R2W 3C Naylor Publications Co. (Canada). All rights reserved. The contents of this publication may not be reproduced by any means, in whole or in part, without prior written consent of the publisher. Canadian Publications Mail Agreement # President s 9 Executive Message Kathleen Grimes Director s Message Sam Morra ANNOUNCEMENTS & BULLETINS New Claims Management Course New Gold Seal Certificate Recipients FEATURES The Ontario Infrastructure Projects Corporation Membership in the ORCGA Struck-By Accidents One Call Legislation Facing challenges The Civil Construction Management Education Series Water Strategy Expert Panel Stakeholders eagerly awaiting report MEMBER PROFILE Kovacs Sand & Gravel Buyers Guide and Trade List The Undergrounder is published for the Ontario Sewer and Watermain Construction Association (OSWCA) 5045 Orbitor Drive, Unit 12, Suite 300 Mississauga, ON L4W 4Y4 Tel.: , Fax: Published by Naylor Publications Co. (Canada) 100 Sutherland Avenue, Winnipeg, MB R2W 3C7 Tel.: , Fax: PUBLISHED SEPTEMBER 2005/OSW-T0205/4228 The Undergrounder / Fall

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7 Message from Kathleen Grimes, President, OSWCA the Association as a contractor member. The OSWCA, in conjunction with the Greater Toronto Sewer and Watermain Contractors Association, has begun the search for a new Executive Director and, until such time as a new Executive Director has joined the Association, the OSWCA Board of Directors has established a system that will provide the basis for transition to a new Executive Director. More specifically, the Board of Directors has appointed a transition team comprised of four board members who, along with myself, will oversee the operation of the Association and provide guidance and assistance to the new Executive Director. In addition, Board Members have committed to more active roles during this transition period and correspondingly will be relied upon for their experience and expertise as required. At any given point in time there is an issue that dominates the day and, at this particular point in time, that would be the Expert Water Panel Report which was released on Friday, July 22, When I first assumed the role of President of the OSWCA in February of 2005, I anticipated a challenge, however I never expected that our Executive Director, Sam Morra, would resign from his position during my Presidency. It was over six years ago that Sam encouraged me to participate as a Board Member of the OSWCA and that, in itself, clearly demonstrates the progressive and dynamic approach that he has brought to the Association. Sam s departure certainly adds a new dimension to the challenges that we, as an association, will face over the next few months. As an individual, Sam has made a very significant contribution to the OSWCA, not only in terms of his day to day tasks, but also in terms of the Association s growth and expansion as a well-respected and powerful organization in Ontario. Sam is, understandably, returning to his roots as a contractor and as an Association we wish him the best and look forward to his participation in At any given point in time there is an issue that dominates the day and, at this particular point in time, that would be the Expert Water Panel Report which was released on Friday, July 22, The Expert The Undergrounder / Fall

8 Certified to B Regalcrest Court Woodbridge, ON L4L 8P Digging on Private Industrial or Commercial Property? Professional Buried Utility Locating Services Complete service for locating sewer, water, gas, telecom and power Fully trained, equipped and insured technicians Utility clearing service for boreholes and excavations A reliable and prompt contracted solution for private service locates or an alternative to existing networks Increase worker safety, reduce surprises, expedite your projects Call or Fax locates@multiview.ca Web: 48-hour Response!! Water Panel was originally charged with the task of providing advice to the provincial government with respect to the organization and long term financing of Ontario s water and wastewater systems. The Panel acknowledged that over the next 15 years, water and wastewater investment needs in Ontario are expected to range from 30 to 40 billion dollars and accordingly, municipalities will become hard-pressed to invest enough to bring their systems into good repair and meet increasingly high standards while keeping their rates affordable. In response to this dilemma, the Panel has made a series of detailed recommendations that focus on the following: increasing the scale and capacity of water and wastewater systems; implementation of financial sustainability through full cost pricing; encouraging stronger and more effective governance through municipal corporations; moving towards a resultsbased regulation system by creating an Ontario Water Board; facilitating innovations in new technology and training by ensuring that MOE devotes additional resources in this regard; and finally, revising the mandate of the Ontario Clean Water Agency to provide an arm s length from the government by reorganizing it under the Ontario Business Corporations Act. Over the next few months the OSWCA will be concentrating its efforts on assessing and evaluating the impact that the many detailed recommendations may have on our industry. I believe that as an association we have the foresight to envision how the recommendations will eventually translate into reality. Not only will the Association ensure that our vision is both understood and considered by the government, but we will continue to provide valuable detailed input to the government that will benefit the industry as a whole. 8 The Undergrounder / Fall 2005

9 Message from Sam Morra, Executive Director OSWCA What a great 14-plus years it has been at the OSWCA From Lloyd Ferguson s bulldog approach to Mike Turek s desire to have local meetings to Doug Woods safety-first culture to Rene Doornekamp s friendly giant demeanour to Chris McNally s pragmaticality to Tony DiPede s practicality to Ted Cooper s vision to Dave Pagnan s deceiving intelligence to Ron Robinson s quiet shrewdness to John Weber s seeming crustiness to Kathleen Grimes toughness, I have learned from them all. By now you no doubt have heard that I am moving on. What a great 14-plus years it has been at the OSWCA. I really do feel privileged to have worked with such a great group of people in the sewer and watermain construction industry. In particular, each of the Presidents I have served with has made a positive and lasting impression on me. From Lloyd Ferguson s bulldog approach to Mike Turek s desire to have local meetings to Doug Woods safety-first culture to Rene Doornekamp s friendly giant demeanour to Chris McNally s pragmaticality to Tony DiPede s practicality to Ted Cooper s vision to Dave Pagnan s deceiving intelligence to Ron Robinson s quiet shrewdness to John Weber s seeming crustiness to Kathleen Grimes toughness, I have learned from them all. I most enjoyed the times of strategic thinking and positioning on the multitude of issues facing the industry on a daily basis. I feel it is necessary to clarify that it is only a mere coincidence that I am resigning within six months of the OSWCA appointing its first female president! I am not leaving due to Kathleen Grimes! In fact, I ve had a lot of fun these past few months discussing the issues with our newest leader. The saddest part of my departure will be saying goodbye to my staff. Gus Morelli has been a rock for me. Mr. Dependable who came from the field like me. Few know that Gus was an injured pipe layer that went to college in his thirties to get retrained as a Certified Engineering Technologist. Not an easy thing to do. Meredith Karosas has kept me on the straight and narrow for the last seven years. She s balanced my schedule when it seemed like it couldn t be done. So many of you have come to know her pleasing demeanor. Margaret Malagowski is another seven-year employee who has done double duty on a couple of occasions as Meredith created her family. Margaret is special because she came straight out of college to work with me and hasn t left since. The person I will miss most of all will be Mary Reuse. Mary and I started together at the Association mere weeks apart in Through thick and thin she has supported my progress through the Association s The Undergrounder / Fall

10 NTARIO LASER RENTALSLTD. SALES SERVICE RENTALS Machine Control Pavers, Heavy Equipment Rentals Graders, Dozers & Excavators Excavators, Dozers & Hydraulic Hammers Excavator Attachments Demolition Shears Aluminum Hydraulic Shields Trench Boxes / Slide Rail Concrete Pulverizers Bedding Boxes Survey Equipment Speed Shoring Rotating Lasers Road Plates Pipe Lasers The saddest part of my departure will be saying goodbye to my staff. Gus Morelli has been a rock for me Meredith Karosas has kept me on the straight and narrow Margaret Malagowski is special because she came straight out of college to work with me and hasn t left since Mary Reuse, through thick and thin, has supported my progress through the Association s ranks Call or Fax: Steinway Boulevard, Etobicoke, ON RENTALS SERVICE SALES Trench Boxes Construction Lasers Slide Rail Shoring Systems Pipe Plugs Trench Sheeting Road Plates Aluminum Hydraulic Shoring Coring & Tapping Equipment Pneumatic Trench Shoring Misc. Equipment/Services 1363 CORNWALL ROAD, OAKVILLE, ONTARIO TEL: (905) FAX: (905) ranks when others thought I might not be able to do the job. I remember looking at financial statements with Lloyd and Mary in 1995 and thinking that we only had a few months to survive if the members didn t buy into the industry fund program. Wow, have we ever come a long way! The OSWCA is now Canada s strongest advocate for clean water and safe sewage infrastructure construction. We have laid the foundation for Ontario s sewers and watermains to be financially sustainable forever. Although we have done much, there is always more to do. By working together and building on our strength at the grassroots level, we can attain any goals we set. I wish all of you the very best in the future - a future in which the OSWCA continues to prosper while looking after the best interests of its members. Again, it has truly been a pleasure to serve the industry. God bless and thank you. 10 The Undergrounder / Fall 2005

11 ANNOUNCEMENTS: New Claims Management Course The OSWCA/ORBA Joint Education Committee is pleased to announce the addition of a Claims Management course for the 2006 Education Series. Stay tuned for course details. New Gold Seal Certificate Recipients The OSWCA would like to congratulate the following people on their Gold Seal Certification: Richard (Dick) Coyne of Con-Drain Company - Gold Seal Certification for Project Manager Carlo DeGasperis of TACC Construction - Gold Seal Certification for Project Manager Bruno S. Ierullo of Carillion Construction - Gold Seal Certification for Estimator - General Contracting WATERWORKS CORPORATION Ontario Branches Location Phone Fax Belleville (613) (613) Hamilton......(905) (905) Kitchener......(519) (519) London (519) Mississauga....(905) (905) Location Phone Fax Oshawa (905) (905) Ottawa (613) (613) St. Catharines..(905) (905) Windsor (519) (519) The Undergrounder /Fall

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13 The Ontario Infrastructure Projects Corporation By Cheryl Rego Minister Caplan making the OIPC announcement at the Toronto Board of Trade. The Ontario government has announced it will create a new provincial agency to manage major public infrastructure projects. Public Infrastructure Renewal Minister David Caplan announced the formation of the Ontario Infrastructure Projects Corporation (OIPC) on May 9, The government said OIPC will be an independent agency reporting to the Minister of Public Infrastructure Renewal. It will have a focus on Alternative Financing and Procurement Projects (AFP), and will also have a mandate to provide expertise and best business practices for all areas of infrastructure planning. To truly tackle Ontario s infrastructure deficit, we need more capital on the table. Our government will be pursuing AFP projects vigorously, Caplan said, adding that the OIPC will play a key role in making that happen. The Urban Development Institute of Ontario says OIPC is the government s investment tool to address the public infrastructure deficit. Lack of government facilitation and investment has stymied the construction of critical infrastructure for too long and if the Provincial government does not take decisive action today, Ontario runs the risk of squandering the opportunity to enhance the Province s economic competitiveness, said Neil Rodgers, the Institute s president, in a press release. The Urban Development Institute of Ontario supports the Province leveraging private sector monies to help deliver infrastructure projects in an accelerated fashion within a fair, transparent and efficient process. The government s decision to use alternate sources of funding for public infrastructure is no surprise. The Undergrounder / Fall

14 In July 2004, the government released a document called Building a Better Tomorrow - Infrastructure Planning, Financing and Procurement Framework for Ontario s Public Sector. This document was billed as the government s 10-year framework on renewing Ontario s infrastructure. The document said the reasons for this framework was to ensure that Ontario has the financial sales@anchorconcrete.com capacity to deliver the infrastructure the province needs. This document clearly hinted at the government s intent to explore public-private partnerships. Under the principle of Value for Money must be demonstrable, the document says, Where private financing is involved in the delivery of public infrastructure initiatives, there must be safeguards against financial returns that are not proportional to the associated risk. Under the principle of Appropriate Public control/owner must be preserved the government states that water, sewer, hospital and publicly-funded school assets will remain publicly owned and controlled, leaving the reader to assume that all other infrastructure is open to private investment. Stakeholders in the sewer and watermain industry are well aware that the infrastructure spending lags well behind the requirements. A study done by TD Bank Financial Group in May 2004 estimated Canada s infrastructure gap to be between $50 billion and $125 billion, which is 6-10 times the level of all current annual government infrastructure budgets combined. TD Bank s Chief Economist, Donald Drummond, said the municipal infrastructure gap as a percentage of national GDP grew from 2.7% in 1984 to 5.0% in The Urban Development Institute said that industry is urging the government to act quickly and launch the corporation in order to unlock the required capital and begin construction of critical infrastructure. Wilson Lee, a spokesperson for Minister Caplan said the government is presently reviewing the staffing options and the other requirements to set up the agency. He said the government hopes to have the agency up and running in the next few months. We are taking a bold step towards renewing our infrastructure, Caplan said at a Toronto Board of Trade luncheon. By supporting provincial government ministries, local municipalities and agencies in the broader public sector in their dealings with the private sector, while also directly overseeing new, large alternatively financed infrastructure projects, we are taking action now to secure our infrastructure for future generations. 14 The Undergrounder /Fall 2005

15 ORCGA A Success Story at Only Two Years Old By Cheryl Rego Founded just two years ago, the Ontario Regional Common Ground Alliance has seen a rapid increase in its membership particularly over the last few months. Jim Douglas, Executive Director of the ORCGA says, In the past six months the ORCGA has grown in membership to 104, more than triple from this time last year. We have also added six new sponsors. Douglas said that the key factor for this exceptional membership growth is that the ORCGA represents all the industry stakeholders. When people are looking at value, they want to ensure not only their specific needs are met but that any blocks in dealing with other sectors of the industry are cleared, he said. ORCGA members can bring forward an exhaustive list of pros and cons of any particular issue since all sectors of the industry are represented. The group develops Best Practices and agreement is on consensus only. This means that everyone at the In the past six months the ORCGA has grown in membership to 104, more than triple from this time last year. We have also added six new sponsors. table has to agree on any change for any Best Practice before it moves forward. This is a key factor that encourages membership. There are three levels of sponsorship at ORCGA Bronze, Silver and Gold. Each level has its own value proposition which can be found on the organization s website at The annual membership fee for Bronze sponsors is $5,000, Silver sponsors pay $10,000 and gold sponsors pay $20,000. Ontario 1 Call, Toronto Hydro Electric System and Super Sucker Vacuum Excavation are all new Bronze sponsors. Hydro One, Avertex and Badger Daylighting Inc. are new Gold level sponsors. Although the benefits of membership in the ORCGA are self-evident, the organization has also been engaging in various events from awareness sessions to trade show participation in order to boost membership. ORCGA hosted ten awareness sessions in cities and regions around the province including Niagara, Hamilton, Waterloo, London, Windsor, Sarnia, Toronto, North Bay, Ottawa, and Cornwall. Douglas said that at the awareness The Undergrounder / Fall

16 sessions, the organization was able to communicate early successes and continuing benefits to the excavating community. He said the awareness sessions procured many new members. The organization s second annual symposium was held this March at the Delta Meadowvale Hotel in Mississauga. Over three hundred delegates attended the symposium and gave it a 97% overall satisfaction rat- CROWLE FITTINGS & SUPPLY LTD. 407 Deerhurst Drive Brampton, ON L6T 5K3 Tel: Fax: STILL THE SAME APPROVED PRODUCTS AND QUALITY SERVICE FROM TWO FULLY OPERATIONAL LOCATIONS Manufacturers of: Cast Iron Test Fittings for Testing and Locating Municipal Sewer Connections, made in a full range of sizes Exclusive Distributors of: AVK Hydrants and Valves Distributors of: CROWLE SUPPLY (SIMCOE) LTD. 31 Booth Street, RR#2 Hawkestone, ON L0L 1T0 Tel: Fax: PVC Pipe and Fittings Ductile Pipe and Fittings Maintenance Hole and Catchbasin Frames and Covers Related Sewer and Waterworks Material For all your Waterworks Requirements, Call Brampton Tel: ing. Data from survey responses indicated that they felt the symposium featured a number of very interesting workshops and speakers. The 2006 symposium will be held at the Westin Hotel in Ottawa, while the 2007 symposium will be held in the city of London. ORCGA also participated and made presentations at several trade shows and conferences, including Landscape Congress, Electricity Dis- Hawkestone Tel: tribution Information Systems & Technology (EDIST), Heavy Work Equipment Trade Show in the GTA, Association of Road Supervisors of Ontario in Minden and the Canadian Gas Association Workshop held in Calgary. On February 28th, the ORCGA hosted a Canadian Common Ground Alliance Forum to discuss coordination of efforts for other Canadian Provincial CGAs. The purpose of the forum was to communicate the progress of the ORCGA and to help others who are planning on implementing a CGA in their respective province. Both Quebec and Alberta have regional CGA chapters and preliminary plans are underway to develop chapters in other western provinces. While new members are being recruited, the work of current members continues with the Best Practice committees. At the May 13th functional committee meeting, three Best Practices were revised and one new Best Practice was approved. A number of new Best Practices are expected to be approved at the functional committee meeting in September. The ORCGA has planned to release a second volume of its Best Practice Book in the fall. All the committees are planning on coordinating their meeting dates throughout the year to make if easier for committee members to attend meetings and attract new members. Once complete, all the dates will be listed on the website. Even with this very full schedule, in addition to all the work that has gone into this early success with membership and deliverables, Jim Douglas has no intention of resting on his laurels. I think the work has just begun. There are many more people to whom we need to communicate. We have had very early success but the potential for any organization to get involved is huge, he said. 16 The Undergrounder /Fall 2005

17 Struck-By Accidents Superintendents and company owners need to walk the walk By Cheryl Rego You need to look into how many times vehicles and machines have bumped into objects because that could have been a worker. You only get one chance with an accident like this and generally it is fatal. This is very unforgiving equipment to be around. It doesn t respect you, doesn t care about you, weighs 20 tonnes more than you and does not stop when you are in its path. Jim LaFontaine is serious and wants workers to listen well. He is in charge of health and safety at Dufferin Construction, and does not want to see any more struck-by accidents. Struck-by accidents occur when workers are struck by moving equipment. By April this year, the industry already had two fatal struck-by accidents. Struck-by accidents have now replaced electrocution as the second leading cause of death in construction. Even worse, every struck-by accident is preventable, and safety proponents want to make sure workers and supervisors are taking the extra precautions necessary. LaFontaine said that his company is always looking at areas where safety can be improved to prevent struck-by accidents. We ve installed back up detection devices that have sonar units that send out a signal that an object is behind. That technology is now available for large off-road equipment and we are in the process of testing it, he said. Secondly, we re looking at the camera system. We ve installed cameras on the back of our three fuel trucks and they are equipped with an audible microphone. As soon as the transmission is engaged the camera is turned on inside the cab and the driver cannot just see, but also hear what is going on behind him. It has a140-degree visibility with a fish eye lens, LaFontaine explained. However, even with the best technology, LaFontaine stressed that the primary safety tool is the operator. The operator must always check over the shoulder for the blind spot. These [new technology] devices are an added secondary safety feature, he said, One of the big problems is that the equipment travels as fast in reverse as it does in driving forward. LaFontaine is adamant that adequate awareness training is essential to accident prevention. The biggest problem is that the workers on the ground assume the The Undergrounder /Fall

18 We mandated a condition of employment that the foreman does a five-minute safety talk once a week with his crew. That shows commitment from the foreman. He goes over safety topics that are relevant. We reinforce the formal training through the foreman s safety talks, LaFontaine said. Tailgate topics are also available from CSAO. Furthermore, he said that every time any safety training is done, the employees receive awareness training on backup procedures. Struck-by accidents have now replaced electrocution as the second leading cause of death in construction. Even worse, every struck-by accident is preventable, and safety proponents want to make sure workers and supervisors are taking the extra precautions necessary. operator can see them, and in big machines and in trucks there are blind spots. It is a real priority for us to train our people to be aware of the blind spot, to make sure they catch the operator s attention and let him/her know where they are, he said. One of the biggest issues in preventing struck-by accidents is complacency. LaFontaine said that workers are wearing their safety vests all the time and this gives them a false sense of security because they assume the equipment operator should see them. Legally, all dump trucks must have backup beepers, and LaFontaine said that Dufferin Construction uses them on all their equipment. However, with equipment backing up often, he said the backup beepers become white noise people tend to tune them out because they hear them all day long. The solution, LaFontaine said, is to have drive throughs so that trucks don t have to reverse, and to separate workers from the machinery whenever possible. In fact, Enzo Garritano, the Manager of Technical Service and Quality Assurance for the Construction Safety Association of Ontario (CSAO), said that having drive-throughs whenever possible is the law. The requirements are all outlined in the Regulations for Construction Projects, he said, If all parties are following the requirements, we lower the risk of accidents greatly. Dufferin Construction has now gone beyond the minimum requirements and has also developed a backup permit system. It is a checklist for a supervisor to make sure that all the elements of the back up program are in place. They have to ensure backup beepers are working, that the signal person is in place and is trained, and ensure we have a drive-through operation wherever possible, LaFontaine said. Depending on the scope of the work the permit could be good for a day or for a week. As well, Dufferin promotes continuous formal training and informal training through tailgate meetings. Having the safety features in good working order is important and LaFontaine said companies should be reminded to have a program to make sure the backup beepers are working. There are just two thin wires making the backup beeper work and especially with the heavy work these machine perform, the wires can corrode and break off, he explained. For those organizations that do not have enough inhouse resources, the CSAO provides an excellent training program called Traffic Control and Backing Up. LaFontaine recommends all workers receive this training. The training is available in picture form so it can transcend any language barriers. Nonetheless, CSAO has also translated it into Portuguese and Italian. LaFontaine said a foreman can be used as an interpreter to make sure there are no language issues. LaFontaine said that safety programs are the most effective when they have support at all levels of the organization. Superintendents and company owners need to walk the walk. When you get out of your vehicle, the hard hat and safety vest should go on immediately. They need to demand excellence in health and safety as a condition of employment. The workers will see that and there will be a better safety culture out in the field, he said. Our goal as an association and an industry has to be zero injuries, zero accidents and it is attainable but not through good luck, it has to be through good management, LaFontaine said. 18 The Undergrounder /Fall 2005

19 One Call Legislation Facing challenges By Cheryl Rego Zechner said that after a certain point, the task force has to give the issue up to provincial legislators and urge them to move it through. One of the optimistic elements is that we are trying to approach the Ontario government on a consensus basis by having a broad representation of stakeholders who agree to the proposed legislation and thereby reduce the likelihood of opposition, he said. Using legislation to back-up the One- Call procedures only makes sense and the OSWCA is working hard to make this happen. While pushing through any form of legislation is a difficult task, One-Call legislation has its own challenges including the separation of provincial and federal jurisdictions. Last year, the Ontario Regional Common Ground Alliance (ORCGA) developed a Best Practices Guide modelled on a similar document developed by the Common Ground Alliance in the US. However, when comparing the two guides, one major difference is that every state in the US has some form of One-Call legislation, whereas that is absent in Canadian jurisdictions. US legislation covers all underground infrastructure. In Canada, we run into difficulties because telecoms are federally regu- lated through the CRTC and the rest of the underground utilities are provincially regulated. Frank Zechner, an independent legal practitioner who assists OSWCA on various matters, said that One-Call legislation would promote public safety and worker safety, protect underground plant and reduce overall costs to the province. He said provincial laws first need to be put in order and then we can deal with federal-provincial jurisdiction issues. In Ontario we have a regulatory gap, he said. We have legislation through the Energy Act and now under TSSA [Technical Standards Safety Authority] for people to require a locate and for gas companies to respond to locate. In November 2004, we finally got a similar regulation in place for the electrical distributors. The Occupational Health and Safety Act requires excavators to obtain locates and arguably requires utilities to respond but there is not one standard legislation that we feel is adequate to regulate One Call procedures. Zechner said that one stumbling block is that telecoms are federally regulated through the CRTC and are immune to certain provincial legislation. The hope is that once we develop a bill in Ontario, we might initiate a dialogue with the CRTC and other federal bodies and have them adopt our law as one of their requirements or to pass parallel legislation, he said. In 2002, the National Telecommunications Damage Prevention Council (NTDPC) in the US developed a model One Call bill for US state legislation. The ORCGA One- The Undergrounder / Fall

20 Call Legislation Task Force decided this model bill would be a good starting point, especially as it was developed by the telecom industry, which is one of the more reluctant sectors regarding One-Call issues. In addition, certain NTDPC members also operate in Canada. The ORCGA One-Call Legislation Task Force, of which Zechner is a member, is an intra-industry task force looking at developing One-Call legislation. The task force includes representatives from most affected sectors including representatives from Bell Canada, Hydro One, Enbridge, Union Gas, OSWCA, TSSA, ORBA (the Ontario Road Builders Association), and Ontario One Call. The task force has also had representation from municipal engineers associations. We started with that US model bill and made changes to reflect the Canadian and Ontario framework. We determined that we would carve out anything that amounted to a best practice, because we wanted best practices to become an objective for the industry. What s left is a five-tosix page document that has some key fundamental requirements, Zechner said. The key requirements are that anyone who has an underground plant in the public right of way or roadway allowance must participate in a provincial One-Call system; anyone proposing to excavate in the public right of way must request a locate through the One-Call system, and; the utilities who are members must respond to those locate requests. In order to move the legislation through the required channels, ORCGA has retained a well-respected consulting agency, Informetrica, to prepare a comprehensive study on the cost of utility damage in Ontario and to provide recommendations. ORCGA is also developing information comparison documents that could be provided to stakeholders and legislators for comments. However, Zechner said that after a certain point, the task force has to give the issue up to provincial legislators and urge them to move it through. One of the optimistic elements is that we are trying to approach the Ontario government on a consensus basis by having a broad representation of stakeholders who agree to the proposed legislation and thereby reduce the likelihood of opposition, he said. The task force and the industry are moving quickly on getting the One- Call legislation developed. It has only been two years since ORCGA came into existence and it was only after the initial best practices were finalized last spring that the stakeholders began to consider legislation to complement the best practices. Zechner is one of many people who hope the momentum can keep going and that One-Call legislation in Ontario will soon be a reality. 20 The Undergrounder /Fall 2005