Balancing STCKY and STMPY: Navigating Safety and Compliance in Occupational Health

In their fall 2023 magazine, WorkSafeBC profiled the TC Energy pipeline and its innovative use of the STCKY program. STCKY, a catchy acronym for Stuff that Can Kill You, prompts crews to consider the STCKY aspects of their work daily, assess the measures to control STCKY hazards and determine if more can be done to mitigate risks. Those interested in learning more about STCKY should read the WorkSafeBC article or explore the various online case studies. I like STCKY because it is easy to remember and effectively aligns a company’s focus on the most significant risks of injury or illness.

However, STCKY has shortcomings in highly regulated environments, such as occupational health and safety. It does not address critical regulatory risks that fall outside the parameters of STCKY but can still result in severe regulatory consequences. To fill this gap, I have created STMPY (pronounced STUMPY), which stands for Stuff that May Penalize You. STMPY risks directly involve or touch upon violations perceived as high risk by the Regulator.

In his YouTube video titled "Modern Regulatory Practice and What it Means to be a Risk-Based Regulator," Malcolm Sparrow presents a Venn diagram with two circles: one representing illegal things and the other representing harmful things. These circles overlap, but not as much as we might hope. On the purely legal side, there are obsolete laws, so-called “paper violations,” and rarely enforced rules. On the harmful side are mechanical malfunctions and sneezing fits while performing work. Sparrow’s diagram provides a framework for directing our focus towards harmful and illegal things. These, I’d argue, are the things that are both STCKY and STMPY.

What are STMPY Things?

To identify what things are STMPY, it makes sense to look at what your regulator considers high-risk. In BC, WorkSafeBC identifies six designated high-risk violations listed in Policy Item P2-95-2 – High Risk Violations:

1.??????? Entry into an excavation over 1.2 m (4 feet) deep contrary to the requirements of the Regulation.

2.??????? Work at over 3 m (10 feet) without an effective fall protection system.

3.??????? Entry into a confined space without pre-entry testing and inspection to verify that the required precautions have been effective at controlling the identified hazards.

4.??????? Causing work disturbing material containing asbestos, or potentially containing asbestos, to be performed without necessary precautions to protect workers.

5.??????? Hand falling or bucking without necessary precautions to protect workers from the tree being felled or bucked, or other affected trees.

6.??????? Work in the vicinity of potentially combustible dust without the necessary precautions to protect workers.

Violating any of these rules can mean that a WorkSafeBC Officer's decision to issue an administrative penalty is a foregone conclusion, assuming it is deemed appropriate in the given circumstance.

There is another group of violations we might consider STMPY. These are listed in guideline G-P2-95-2 – High Risk Violations. This guideline explains the logic officers use when determining if a violation is high risk. The decision is based on two factors:

1.??????? The likelihood of an incident or exposure occurring.

2.??????? The likely seriousness of any injury or illness that could result if that incident or exposure occurs.

The guideline lists several violations likely to be considered high risk, such as exposure to electrical hazards and unsafe transportation of workers. Let’s also categorize these as STMPY.

Other STMPY Things

WorkSafeBC also has another list of violations. Though not published, this list includes provisions that trigger an alert within their software system, nudging an officer to consider administrative penalties when specific violations are issued. There are approximately 521 such high-risk provisions. However, issuing a penalty based on these is up to the officer. It is based on how the violation stacks up against the factors of likelihood and seriousness described in the policy.

Why Should You Care About STMPY Things?

I don’t suggest you train the entire workforce on STMPY items. There are too many to consider, and focusing on STCKY items would arguably provide a better return on investment. That said, understanding the risk assessment logic embedded in OHS policy and the different violations associated with high risk is worthwhile. We might also use the concepts of STCKY and STMPY to identify those things that fall into both categories. Such activities clearly deserve our attention.

Considering STCKY and STMPY issues is especially important for prime contractors. Addressing STCKY situations will help the prime contractor recognize risks that could cause serious injury or death to a worker while keeping an eye on STMPY issues will help ensure their contractors comply with the sections of the regulation designated as high-risk by WorkSafeBC.

By addressing STCKY and STMPY risks, companies can ensure a more comprehensive approach to workplace safety, effectively minimizing physical and regulatory hazards.

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