Powered Mobile Equipment – ATV Competency

[Alexander Krasowski]

#104166

Hello,

I am seeking clarification on the standards required for ATV training in light of specific regulatory and manufacturer recommendations. According to the AB OHS Code, it is essential not to exceed any limitations on the operation of the equipment as stated in the manufacturer’s specifications. The owner’s manual for our ATV explicitly advises operators to undergo proper instruction and suggests taking a training course from a certified instructor. However, I’ve contacted the recommended certified dealer, and they do not offer such training, nor could they direct me to any alternative providers.

Given that the manufacturer’s specified training course is unavailable, what qualifies as an acceptable training course? Is in-house training conducted by an experienced ATV rider sufficient to meet legal requirements, or is it necessary to seek training from a third-party provider? Essentially, in the absence of manufacturer-endorsed training, are we at liberty to define what constitutes adequate training, or are there established standards we must follow?

Thank you

[Glenn Demby]

#104167

No, you’re definitely not at liberty to decide that–at least not yet. So far, you’ve done everything right. But you still have work to do. First, you need to determine exactly what training the manufacturer recommends. What must the training cover? Who must provide it? What other specifications apply? Once you know exactly the training called for, you need to do your own search for vendors who can provide it. Unfortunately, the failure of the mfr or supplier to give you a referral doesn’t get you off the hook.

If after making reasonable efforts you still can’t find a vendor who can provide the training, you need to consider the nongovernmental standards that apply. Hopefully, one of them will work. I’d also recommend that you reach out to Alberta OHS and explain the situation. BE SURE TO DOCUMENT EVERYTHING YOU’VE DONE SO FAR AND WILL DO NEXT, starting with your communications with the mfr and supplier. Documentation will be crucial if you get second guessed.

I’ve gotta say that this is a really crappy situation and that your manufacturer should be ashamed of itself. Sometimes threatening to write a negative review or even take your story to a local news reporter will get a manufacturer’s attention. Ultimately, make the best selection you can after thorough research and document why you decided that the training you selected was the best option for the operator’s protection.

Glenn (OHS Insider Editor) Feel free to contact me at glennd@bongarde.com if you’d like to discuss it further

[Alexander Krasowski]

#104175

Hello Glenn,

Thank you for your advice. After considering the situation, I’ve found that the Canada Safety Council’s ATV training course is widely recognized within the industry. Given the absence of specific training recommendations from the manufacturer and the broad acceptance of this course, I’m leaning towards using it for our ATV training needs.

It seems overly burdensome to track down the manufacturer’s curriculum to design our own course, especially when a recognized standard is readily available. Would you agree that adopting this well-established industry standard is a practical approach under the circumstances?

[Glenn Demby]

#104197

Just saw this follow up and I apologize for not responding to it sooner. I do agree with that assessment but stress the need for documentation, specifically the basis for your conclusion that the CSC course will provide adequate safety for operators. I came across this case we reported last year and it reminded me of you. Not exactly on point, but thought you might be interested in seeing it.

Powered Mobile Equipment: Worker Doesn’t Need Forklift Operator Certificate to Qualify for Dock Worker Job
A freight company claimed a pick-up and delivery driver wasn’t qualified for a dock worker position because he didn’t have a forklift operator certificate required under OHS law. You don’t need an operator certificate for a dock worker position, the union countered. The federal arbitrator agreed and upheld the grievance. The collective agreement didn’t address the issue, the company was relying solely on its interpretation of the OHS law in concluding that certification was a make-or-break requirement for a dock worker. But the OHS regulations don’t say that; all they say is that forklift operators must receive training meeting CSA B335-15, Safety standard for lift trucks. Getting an operator certificate isn’t the only way a worker can meet that standard, the arbitrator concluded, while ordering the company to provide the driver the required CSA training [Van-Kam Freightways Ltd. v Teamsters Local Union No. 31, 2022 CanLII 89418 (CA LA), September 28, 2022].

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