tree service canada #13 spring 2010

16
Volume 4 Issue 1 SPRING 2010 $5.00 Publications Mail Agreement #40050172 Customer Agreement #4956370 RETURN UNDELIVERABLE CANADIAN ADDRESSES TO 4623 William Head Rd. Victoria BC V9C 3Y7 email: [email protected] OBITUARY NUTRIENTS 1-888-240-3993 NEWS BY PAT KERR On January 20, 2010 Bill Robinson Sr. of Kawartha Tree Service fell approximately 40 feet from an old maple he was cutting onto ice. He died about one hour later due to shock to the body and multiple injuries including skull fractures and collapsed lungs. Bill Robinson Jr. (his son) said: “He was a great man. I enjoyed working for him. I can’t go three blocks with- out seeing a site where we worked together. He was so healthy. He was planning to work at least another five years. We are thinking now of closing and selling the business. We have options.” Robinson Jr. was at the site at the time of the accident and, in hindsight, says: “It was dangerous because it was leaning out over the roadway. We saw no rot and no fun- gus at the base. I was shocked when I saw the rot so high up. Be careful when you back cut. Let the winch do the work. I have winched thousands. It was coming the way it was supposed to, but it was so rotted high up: all of a sudden it came away.” The property owner, who asked not to be identified, said Robinson Sr. presented himself as a professional both in person and on the phone. “He explained everything. My intuition about him was good. I accepted his advice.” The splicing life Rick Denbeau leads a rope-slicing demonstration at the International Society of Arborists’ Ontario conference on February 12. Since flights were cancelled due to blizzard conditions, Denbeau made a nine-hour, overnight road trip from Louisville, Kentucky to Niagara Falls for the event. Denbeau, employed by Limbwalker Tree Service, also works as an instructor. Jeffrey Carter photo Accident claims life of respected tree service professional Rotten maple collapses during removal The tree Bill Robinson was working on at the time of the accident. Continued on page 11 BY JEFFREY CARTER When it comes to nutrient delivery for trees, Shady Lane Expert Tree Care’s customers have a choice. They can opt for traditional commer- cial fertilizers or they can use an approach that better harnesses the soil’s own potential. Company co-owner Jonathan Arnold spoke about the alterna- tive at the International Society of Arborists’ Ontario conference in Niagara Falls on February 12. “There’s a symbiotic relationship between plants and the type of soil organism that are in the soil . . . What you want is a full diversity of soil life,” Arnold says. “Within three years we’ve switched over 60 per cent of our clien- tele to compost teas from conventional fertilization.” Shady Lane’s Organic Soils Solutions involves the application of compost teas as a deep-root injection, soil drench, or as a foliar spray. They’re just one of two arboriculture companies in the Great Toronto Area using the approach. Typically, the deep-root injection option is employed in order to New approach to soil health gains popularity Using compost teas increases options for businesses Compost teas act like inoculants, encouraging the type of soil en- vironment trees enjoy in a natural forested setting. Continued on page 4 Northland Chipper Sales Ltd. The Simply the Best Way to Process Firewood! 1-800-665-2447

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Page 1: Tree Service Canada #13 Spring 2010

Volume 4 Issue 1 SPRING 2010 $5.00

Publications Mail Agreement #40050172 Customer Agreement #4956370RETURN UNDELIVERABLE CANADIAN ADDRESSES TO4623 William Head Rd. Victoria BC V9C 3Y7 email: [email protected]

OB ITUARY

NUTRIENTS

1-888-240-3993

NEWS

BY PAT KERR

On January 20, 2010 Bill Robinson Sr. of Kawartha Tree Service fell approximately 40 feet from an old maple he was cutting onto ice. He died about one hour later due to shock to the body and multiple injuries including skull fractures and collapsed lungs.

Bill Robinson Jr. (his son) said: “He was a great man. I enjoyed working for him. I can’t go three blocks with-out seeing a site where we worked together. He was so healthy. He was planning to work at least another five years. We are thinking now of closing and selling the business. We have options.”

Robinson Jr. was at the site at the time of the accident and, in hindsight, says: “It was dangerous because it was leaning out over the roadway. We saw no rot and no fun-gus at the base. I was shocked when I saw the rot so high up. Be careful when you back cut. Let the winch do the work. I have winched thousands. It was coming the way it was supposed to, but it was so rotted high up: all of a sudden it came away.”

The property owner, who asked not to be identified, said Robinson Sr. presented himself as a professional both in person and on the phone. “He explained everything. My intuition about him was good. I accepted his advice.”

The splicing lifeRick Denbeau leads a rope-slicing demonstration at the International Society of Arborists’ Ontario conference on February 12. Since flights were cancelled due to blizzard conditions, Denbeau made a nine-hour, overnight road trip from Louisville, Kentucky to Niagara Falls for the event. Denbeau, employed by Limbwalker Tree Service, also works as an instructor. Jeffrey Carter photo

Accident claims life of respected tree service professionalRotten maple collapses during removal

The tree Bill Robinson was working on at the time of the accident.

Continued on page 11

BY JEFFREY CARTER

When it comes to nutrient delivery for trees, Shady Lane Expert Tree Care’s customers have a choice. They can opt for traditional commer-cial fertilizers or they can use an approach that better harnesses the soil’s own potential.

Company co-owner Jonathan Arnold spoke about the alterna-tive at the International Society of Arborists’ Ontario conference in Niagara Falls on February 12.

“There’s a symbiotic relationship between plants and the type of soil organism that are in the soil . . . What you want is a full diversity of soil life,” Arnold says.

“Within three years we’ve switched over 60 per cent of our clien-tele to compost teas from conventional fertilization.”

Shady Lane’s Organic Soils Solutions involves the application of compost teas as a deep-root injection, soil drench, or as a foliar spray. They’re just one of two arboriculture companies in the Great Toronto Area using the approach.

Typically, the deep-root injection option is employed in order to

New approach to soil health gains popularityUsing compost teas increases options for businesses

Compost teas act like inoculants, encouraging the type of soil en-vironment trees enjoy in a natural forested setting.

Continued on page 4

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Page 2: Tree Service Canada #13 Spring 2010

Page 2 TREE SERVICE CANADA SPRING 2010

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Page 3: Tree Service Canada #13 Spring 2010

Page 3TREE SERVICE CANADA SPRING 2010

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The city of Peterborough, Ontario ordered the tree to be removed, likely in response to a public complaint. “The tree leafed out each year. I didn’t think it needed to come down. I wondered if we could just cut a limb. However, Robin-son Sr. agreed with the city assessment,” said the property owner.

Robinson Sr. learned his trade on the job when he was in his twenties working for other companies. He started his own firm in 1977. He was licensed and his family says that, to their knowledge, he was up-to-date with his training.

More information is expected to be available when the Ministry of Labour completes its investigation.

Accident claims life of respected tree service professional continued from cover

Bill Robinson Sr., who died in an accident in January, learned his trade on the job when he was in his twenties working for other tree service companies. He started his own firm in 1977.

Another view of the tree Robinson was working on at the time of the accident.

Although the tree showed no signs of rot at the base, it was badly rotted further up the trunk.

“It was coming the way it was supposed to, but it was so rotted high up: all of a sudden it came away.”

Page 4: Tree Service Canada #13 Spring 2010

Page 4 TREE SERVICE CANADA SPRING 2010

www.treeservicecanada.ca

EDITOR Tom Henry Tel: 1.866.260.7985 [email protected]

ART DIRECTOR James Lewis

DISPLAY ADVERTISINGMauricio Bingham, 250.478.3975 Fax. 250.478.3979 [email protected]

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PUBLISHERS Peter Chettleburgh, Violaine Susan Mitchell

EDITORIAL ENQUIRIES 4623 William Head Rd., Victoria, BC V9C 3Y7 Toll free 1.866.260.7985 [email protected]

Tree Service Canada is published four times a year by Southern Tip Publishing Inc. Subscription rate for one year: $19.95 (GST included). Single copy price: $5.00. Contents copyrighted by Southern Tip Publishing Inc. and may be reprinted only with permission.

PRINTED IN CANADA Publications Mail Agreement No. 40050172Postage paid at Vancouver, BC Postmaster: Return undeliverable Canadian addresses to: Tree Service Canada, 4623 William Head Road, Victoria, BC V9C 3Y7

Contents copyright 2007 by Southern Tip Publishing Inc. All rights reserved. ISSN 1710 4955

Your privacy is important to us. Occasionally we make our subscriber list available to reputable companies whose products or services might be of interest to our readers. If you would prefer to have your name removed from this list, please call 1-866-260-7985, fax: 250-478-3979 or write us at Tree Service Canada, 4623 William Head Road, Victoria, BC V9C 3Y7 or email us at [email protected].

COVE R STO RY

reach directly 14 to 18 inches into the soil profile. This way, the roots of grasses and other smaller plants are bypassed.

Foliar sprays, Arnold notes, are used primarily for disease prevention. The idea is to increase the population of beneficial organisms to the point that they out-compete any pathogens that may be present.

Compost teas act like inoc-ulants, encouraging the type of soil environment trees enjoy in a natural forested setting. By encouraging the right soil bal-ance, diseases are discouraged and the uptake of soil-generat-ed nutrients is enhanced.

Properly-produced com-posts—the foundation for compost teas—contain a vast array of beneficial microorgan-isms. With trees, these tend to be fungal dominated. The teas also include various sources of food on which the microorganisms can feed.

For the majority of customers, Arnold recom-mends the deep-root injection of compost tea for their trees twice a year. A different compost recipe is used for lawns.

There’s a higher cost compared to commercial fertilizers, which are normally applied just once a year or every other year.

For a postage stamp property, a compost tea application runs around $180, Arnold says.

Costs can be reduced if property owners better manage their organic matter resources. For instance, instead of disposing of leaves in the fall, they can be shredded and used as mulch around flower beds and trees over the winter months.

Arnold is a co-owner of Shady Lane with his semi-retired parents, Lewis and Judy Arnold.

He says his father was a bit skeptical of the Organic Soils Solutions approach but, with early successes, quickly got used to the idea.

Arnold learned about compost teas by studying the work of Oregon micro-biologist Dr. Elaine Ingham, founder of Soil Foodweb, Inc.

Ingham’s approach isn’t new. Compost teas have been used for decades by many organic and biodynamic farmers.

Ingham says she’s going much further by gradually adding the weight of scien-tific evidence and promoting practical ways that people can take advantage.

“There are direct rela-tionships between the bio-mass and biodiversity of life in the soil, plant health, and plant production potential. This means that it is the biology that makes nutrients available and protects plants from disease,” she says.

Healthy soils include a remarkable, diverse community of organisms, from microscopic bacterial and fungi to nematodes and earthworms. Looking just at bacteria, Ingham says a gram of healthy agricultural soil is likely to contain around 600 million individuals and 25,000 species. Ingham has focused much of her research on the impact of the various organism types on soil health rather than trying to unravel the roles and relation-ships of individual species. She says there four key problems that can be asso-ciated with reduced levels of soil life:--Tillage slices, dices and crushes the microbial organisms.--Pesticides kill far more than just what they’re tar-geting and upset the soil life balance.--High levels of salt-based inorganic fertilizers kill organisms by the osmotic removal of water and rapid changes in soil pH.--Compaction reduces the oxygen content in soil and, as a result, selects for anaerobic species.

Jonathan Arnold, co-owner of Shady Lane Expert Tree Care, says the firm has switched over 60 per cent of its clientele to compost teas from conventional fertil-ization in just three years.

New approach to soil health gains popularity continued from cover

Page 5: Tree Service Canada #13 Spring 2010

Page 5TREE SERVICE CANADA SPRING 2010

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ACCIDENT REPORTS

Training exercise leads to fatality; worker crushed in skidsteerAccording to court reports, on May 9, 2008, employees of the Ontario Ministry of Natural Resources “went to Killarney Provincial Park to burn a slash pile consisting of fine brush material and other debris. Workers mixed some fuels and ignited the pile. A crew leader then conducted a training exercise involving a “drip torch” used in fire suppression. When the fire started to die down, another crew leader began pouring more fuel on the pile. The fuel flared and engulfed the crew leader in flames. Two workers who tried to put out the flames suffered minor burns. The crew leader suffered severe burns and died.”

“The Ministry of Natural Resources pleaded guilty to failing, as an employer, to take the reasonable precaution of ensuring the use of personal protective equipment as appropriate to the task for mixing fuels, using a drip torch and burning a slash pile.”

A fine of $300,000 was imposed.Since the accident, the MNR has implemented stricter controls and revised its policy for use

of personal protective equipment, risk assessments, issued safety notices, and established new flam-mable liquids training and many more new safety policies.

Manitoba landscaping firm Shelmerdine Ltd. received a penalty of $80,550 on Aug 20, 2009 because of a fatal accident Oct 10, 2006. The worker was crushed between the bottom step and front panel of a Bobcat skidsteer. The company was fined for allowing a worker to operate a skid-steer loader without being secured in the safety restraints in the driver’s seat to protect the worker from contact with moving parts of the loader.

Accident “epidemic” in Nova Scotia1 in 10 workers injured annuallyThe Nova Scotia government recently announced that it faced an “epidemic” of workplace injury. About 1 out of every 10 covered workers in the province, statistically, will be injured on the job, and there were 29 workplace fatalities last year.

In response, as of January 15, 2010, the Department of Labour and Workforce Develop-ment’s occupational health and safety division had the ability to issue penalties when viola-tions of health and safety laws are found in workplaces. Penalties start at $100. The maximum for an employee infraction is $500. Rates for supervisors and employers are much higher. If there was a previous offence within three years, the fines double. Fines also increase if there was an injury or the potential for an injury.

Nova Scotia reported a couple of incidents in the tree service industry last quarter, includ-ing accidents while removing deadwood and with falling limbs.

BY PAT K E R R

Manitoba is serious about protecting its forests. Penalties in the new Forest Health Protection Act for endangering the forest have a first offense maximum of $25,000 but they climb to $100,000 for corporate repeat offenders and they can include “the cost of any action taken”.

The new Forest Protection Act can be found at http:web2.gov.mb.ca. The wording is general and leaves room for new threats that arise.

Jon Leferink, of Manitoba Conservation Forestry Branch, is devel-oping policies to encourage compliance. They already have large bins in accessible locations for people who “forget” and carry firewood into the region. “Quite a bit has been dropped off already. People are more concerned then we assume.”

Public education is a major component of the plan. “People must understand their role and the danger of transporting fire-wood. Buy local!” Leferink also wants everyone knowledgeable about current threats including emerald ash borer, mountain pine beetle, and brown spruce longhorn. “A lot of ash was planted when Dutch elm dis-ease arrived. We have a limited number of species due to our climate and urban realities. Ash is also dominant in our shelter belts that protect agriculture. We need everyone looking.”

Hefty fines for endangering forests in Manitoba“Buy local” firewood encouraged to help avoid transferring disease

“People are more concerned then we assume.”

Page 6: Tree Service Canada #13 Spring 2010

Page 6 TREE SERVICE CANADA SPRING 2010

TECH NOLOGY

BY PAT K E R R

Oliver Hein, CEO of IML Inc., says the IML Resistograph can save arborist lives, lawsuits and insurance claims. Dr. Bruce Frae-drich, a plant pathologist, says the IML Resistograph has another use: it can save trees.

Could this machine help pre-vent accidents, like the one that took the life of Bill Robinson Sr.?

The IML Resistograph is a “micro drill” used to probe trees or wood to detect rot. It was developed and manufactured in Germany, arriving in the U.S. in 1989. The first models came to Canada in 1998. This handheld tool penetrates the wood and “feels” the resistance. The change in torque is measured, download-ed to a computer and displayed electronically in a graph format.

Tree Service Canada found a couple of independent studies regarding the IML Resistograph and similar equipment. The first is a USDA project comparing tree decay detection equipment on their website. They said, referring to all micro drill type equipment: “the hole, although smaller than other devices that bore a sig-nificant depth into the stem, may allow decay into the wound. Also boring through compartmental-ized decay barriers may lead to spread of decay. Because of the size of the hole this may be of minimal concern.”

The same study determined that these types of machine “can-not detect early to intermedi-ate stages of decay.” They also compare the IML Resistograph to the Sibert Decay Detecting Drill, which measures the changes in the speed of penetration at a constant forward pressure. The Shigometer can detect early stages of decay, but this tool can also deflect and give misleading information. In the study, the SIBTEC basic is listed at $7,100 with the printer at $1,600. The IML is $4,600 with the electronic unit at $2,100. (There are other

models.) The study on measuring decay in wood bridges is avail-able at http://www.fpl.fs.fed.us/documnts/fplgtr/fpl_gtr159.pdf.

Another study published in 2003 by F. Isik and B. Li of North Carolina State Univer-sity’s Department of Forestry said: “Resistograph could be used reliably and efficiently to assess relative wood density of live trees for selection in tree improvement programs. The method is rapid, nondestructive and much cheaper then the traditional volumetric method.”

John McNeil, a forester with Oakville, Ontario, said they use the IML Resistograph when there is a dispute over the

safety of a tree. They measure the amount of decay and determine if a tree can be saved or if it must be removed for safety reasons.

The USDA suggests that a “25mm ring of sound wood

is required for every 150mm of stem diameter at any point on the stem. If the proportion of decayed wood to sound wood exceeds this level then action may need to be taken to minimize the hazard posed by the tree.”

Rene Wytenburg, a line oper-ator for Hydro One in Ontario, said the IML Resistograph is helpful as a tool in the hands of a trained professional. Wytenburg stressed it is not a substitute for experience. (Wytenburg uses the IML Resistograph to test hydro poles for decay. They probe the wood with the 45 degree angled bit below the surface of the soil. They do not excavate, and find the tool to be 95 to 98% accu-

rate.) Wytenburg has had his IML Resistograph for six years.

“Experience is as impor-tant as any tool,” says Dr. Bruce Fraedrich. “Inspect all trees care-fully. Use a mallet to tap the tree. Watch for visual indicators. This is not a pass or fail test. You must look at the whole picture. Identify

the species, the size, the location, site exposure and health. You never just walk up to a tree and make a decision. The assessment is a complex issue.”

The different models of Resistograph are available from $3,000 to $7,500 US. Calibration is done annually or more often if

it is in high use. Calibration costs between $185 to $275 plus ship-ping. Drill bits are $15 each and last between 100 to 150 drills in soft wood and 50 to 80 drills in hard wood. More information is available at (800) 815-2389 or www.imlusa.com.

Assessing rot IML Resistograph provides scientific measurements

The first models of the IML Resistograph came to Canada in 1998. This handheld tool pen-etrates the wood and “feels” the resistance. The change in torque is measured, download-ed to a computer and displayed electronically in a graph format.

The IML Resistograph is a “micro drill” used to probe trees or wood to detect rot.

Page 7: Tree Service Canada #13 Spring 2010

Page 7TREE SERVICE CANADA SPRING 2010

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BY J E F F R E Y C A R T E R

Most arborists realize that the best way to prevent sudden traumatic accidents is by taking the proper preventative measures.

What they may not have considered is that it’s just as true for work-related injuries that develop over a period of days, weeks or even years.

Ed Carpenter of C.O.R. Ergonomic Solutions says persistent aches and pains, if left untreated, can result in permanent injuries. The situation for the human mus-culoskeletal system is similar to that of a machine that repeats the same motion. “This is the ‘cycles to failure’ concept . . . Your body is no different.” Unlike machines, however, humans can alter the way they move to reduce the stress and strain. For instance, when you’re stretching for an object, simply tighten your abdominal muscles and your reach will be lengthened. “You are an industrial athlete. You do things the average person cannot do. You need to look after yourself.” Carpenter squeezed a wealth of advice and information into his 30-minute pre-sentation at the International Society of Aboriculture Ontario conference in Niaga-ra Falls on February 11:

• Use proper lifting techniques, employ-ing your legs rather than your back. Just because your back may be exceptionally strong doesn’t mean it will put up with repeated abuse.

• Finds ways to make the work fit you, rather than making you fit the work. Using mechanical aids is encouraged.

• If you find yourself in an awkward posi-tion, as climbers often do, find a way to reposition yourself. In the long-run, you’ll save time because you’ll be avoiding undo strain on muscles and tendons.

• In extreme temperature situations, take special care. If it’s hot, make sure to keep hydrated. If it’s cold, remember that your muscles are more prone to injury.

• If necessary, avoid work-related duties that lead to recurring musculoskeletal problems.

• Stretching exercises before beginning to work is a good idea but remember to hold each stretch position for at least 30 sec-onds to gain the benefit.

• After a day of heavy work or exercise, give your body time to recover.

• Keep hydrated and eat a balanced diet.

• If it’s swollen, putting ice on it is usually a good option.

• If you’re a woman, you know you’re superior to men in many ways -- but not when it comes to musculoskeletal disor-ders. Women tend to be more susceptible to injuries due to hormone fluctuations.

• People who smoke are also more suscep-tible due to poorer circulation.

• As you get older you become more sus-ceptible; it’s a fact of life.

Carpenter spent a lot of time emphasiz-ing the need for arborists to seek out help when one of those aches and pains becomes persistent. As a rule of thumb, if it’s not feeling better after three days, consult your doctor and let your doctor know what kind of work you do. People who simply tough it out face a greater risk of invasive surgery and/or many weeks or months away from work. Carpenter, the owner of C.O.R. Ergo-nomics Solutions, has been training arborists for the past five years and brings more than 12 years’ experience to his Massachusetts-based company. He works with his sister, physiotherapist Dr. Amanda Carpenter.

Tending the human machineHealth expert encourages arborists to think of themselves as industrial athletes

Ed Carpenter, owner of C.O.R. Ergo-nomic Solutions, encourages tree service industry workers to finds ways to make the work fit them, rather than making themselves fit the work.

If you’re a woman, you know you’re superior to men in

many ways -- but not when it comes to musculoskeletal

disorders. Women tend to be more susceptible to injuries

due to hormone fluctuations.

BY PAT K E R R

The license to use the registered trade mark held by the US Depart-ment of Agriculture “Smokey Bear” and “Smokey” in Canada was not re-newed just months before the iconic bear with his ranger hat turned 65.

Dave Lemkay of the Canadian Forest Association said, “The long-standing agreement between Cana-dian Forestry Association and USDA Forest Service, initially inked in the 1950s was found to be invalid after more than fifty years. The US owner of the Smokey Bear trade mark, noti-fied us that despite a good and pro-ductive working relationship, it could not continue to sanction the associa-tion’s use of the icon. The irony of the situation was that CFA was the registered trade mark owner in Cana-da, renewing that status as required over the years. The mark was due for renewal in March of 2009 and CFA was forced to forego renewal, feeling it was a moot point, given the US Forest Service position.”

Lemkay, continued he was saddened to let the agreement for the use of the long running symbol lapse.

“Smokey” “was born” August 9th 1944 but it wasn’t until 1950 that the cub that became the living symbol was discovered up a tree after a wild fire. The cub’s paws were burned and he needed veterinarian care. Eventually he was transferred to the National Zoo in Washington, DC.

Canada’s promotion of the bear started in 1956.Smokey is the longest running public service campaign in US his-

tory. However, “Smokey’s” slogan has adapted. He started out with “Smokey says – Care will prevent 9 out of 10 forest fires”. In 1947 it was shortened to “Only YOU can prevent forest fires”. Finally in 2001, “Only you can prevent wildfires” (wildfire is defined as an unwanted, uncontrolled, unplanned outdoor fire) in recognition of the role of fire in the forest.

Have a safe trip back to the US, Smokey.Perhaps the next forestry symbol adopted will be both Canadian

and include the role of the urban forest.

“Smokey” has left the country

Canada’s promotion of the Smokey Bear started in 1956. Due to a problem with trademark law, use of the name and logo in Canada is prohibited.

Page 8: Tree Service Canada #13 Spring 2010

Page 8 TREE SERVICE CANADA SPRING 2010

The concept of due diligence is defined by Black (see reference, below) as: “Such a measure of prudence, activity, or assiduity, as is properly to be expected from, and ordinarily exercised by, a reasonable and prudent man under the particular circumstances.”

One of the more common court cases involving tree concerns deals with trespass: that is, one party removing or damaging trees that do not belong to them. Some-times this occurs as a result of deliberate removal in order to enhance view corridors or eliminate a perceived nuisance (such as leaf litter or root encroachments). Other times the damage is accidental or inadver-tent.

One of the biggest reasons for acci-dental trespass is the mistaken belief that a fence line will always be located accurately and will therefore be a good indicator of the property line location. Usually, a quali-fied surveyor will be able to accurately determine where the property actually lies, using local monuments and iron pins as the benchmarks for a legal survey. Occa-sionally there will be disagreement between surveyors as to which reference point is correct. The Court rules on which survey is to be accepted in these instances.

For tree care companies undertaking work on any property, it is always prudent to undertake some due diligence before cutting down or pruning trees close to

property lines. As a starting point, the contract between your company and your client (you do have a written contract, don’t you?) should ensure that the onus for determining the exact property line location is placed on the client, not you. Wording along the lines of: “Company X accepts no responsibility for either incor-rect or incomplete materials and/or incor-rect or incomplete information. Any survey boundaries marked on plans, or on the ground, are not the responsibility of Com-pany X” is a good starting point. Even so, you should take the time to point out this clause to the client.

It is very common for fences to be incorrectly located: often many metres away from the property line. So due dili-gence in these instances means that you notify your client that they should check where the property line is located and that, if there is any doubt, they should get it surveyed to be sure. Even where the iron pins are clearly visible, make sure that it is the client who identifies and approves them, not you. Do not simply accept their word for the accuracy of the line. There are instances where subdivided lots include multiple iron pins laid out over periods of time by different surveyors, possibly using different reference points. Once the property line is surveyed and established, the surveyor should provide a signed and

sealed drawing identifying legal property descriptions, dates, dimensions and com-pass bearings.

If your client does not want to pay the expense of a survey, be very careful. Even when you have a good contract duly signed by your client, you should still be cautious. Do not prune back overhanging limbs or encroaching roots beyond where the prop-erty line is deemed to be. This issue often causes some difficulties for well-trained arborists. They know that leaving a series of stubs is not good practice, but from a legal point of view the Courts may not care about good pruning practice. If good practice means that you have to cross a vertical projection of the property line, then you are trespassing, no matter if it is only by a small amount. You may be able to deal with that issue by asking your client to obtain a written agreement from the adja-cent property owner that stipulates it will be alright for you to prune back to the tree trunk. If you don’t have that, don’t do it.

If you see the neighbour and ask him/her if it is okay to prune back across the line, be very explicit in the discussions. Get his or her name, make a note of the time and date of the discussions, and follow up with a written note to them stating that “To confirm our discussions on <insert date and time>, you have agreed that it will be acceptable for us to prune back the branches from your tree located at <insert address and brief locational description> that overhang the property of <insert your client’s name and address>.” You can write this out in duplicate and get a signature at that time if the person is amenable to this.

Be sure that the person you deal with is the proper-ty owner, and not a tenant or relative or friend who in fact does not have the authority to make these deci-sions. If in doubt, wait until you can be sure you do have the correct permission.

These issues may seem trivial for pruning work. But they become very critical when clearing work is undertaken. If you take down the wrong tree, you have not only trespassed but now you have exposed yourself and your client to the potential for a damage claim. If the tree straddles the property, even by a small amount, then it is very likely to be a tree jointly owned. That means that both parties own-ing land on either side of the tree have a legal inter-est in the tree. If you cut it down, the other party may disagree and

sue for lost values. Of course, if the prop-erty line is clearly marked before work commences, and you deliberately cross the line to remove trees, you now enter the area of willful trespass. The value of the tree cut down would be the same. The potential penalty awarded by the Court is likely to be the appraised value plus puni-tive damages, which are often two to three times that value. If your client tells you it’s okay because they have the permission of the neighbour, ask to see that in writing. If it’s not there, don’t do it. It’s simply not worth the risk. The value of the work is trivial compared to the stress and costs of being sued. These principles apply as much to neighbours as to private property next to City or municipal lands. They apply to City or municipal workers trespassing on private lands, and even in some cases to utility workers or contractors pruning back trees for statutory right of way clear-ances. There is no shortage of cases where trespass has attracted large and unpleasant penalties later on.

By following these simple steps, you can conduct your own due diligence and save yourself a lot of stress and money later on. Ignoring the due diligence aspects of tree work can be very expensive -- large enough to constrain your cash flow, ruin your insurance premiums (you do have insurance, don’t you?), and seriously dam-age your company’s reputation. Reference: Black, H.C. 1990. Black’s Law Dictionary. 6th Edition. West Publishing CO. St.Paul, Minnesota.

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Page 9: Tree Service Canada #13 Spring 2010

Page 9TREE SERVICE CANADA SPRING 2010

BY J E F F R E Y C A R T E R

Look before you plant. This is the core directive from renowned North American landscape architect James Urban who wants the tree industry to make a fundamental shift. Instead of guaranteeing that an urban tree survives for a few years after plant-ing, more care needs to be taken to ensure that tree is placed in the best pos-sible soil environment. “I can keep a tree alive for a year or two without even planting it,” Urban says. “I think you would, in fact, do good as an industry to get rid of the guarantees . . . I think what we should do instead is establish good standards for the trees that are planted, how they’re planted and into what soil conditions they’re planted . . . We need to have a set of standards to ensure a tree will live to a certain size.” Urban, who spoke at the International Society of Arborists Ontario conference in February, says planners are fooling themselves if think that just because a tree is planted it will deliver an environ-mental benefit. The establishment of urban trees is typically a carbon-intensive exercise, he explains. In other words, more carbon-equivalents are used to establish and maintain most trees than can possibly be sequestered within current guarantee periods. To establish a true carbon balance, you need to account for the carbon that’s released during nursery production, the planting process, fertilization, pruning, inspections and a broad range of other inputs. “By the time that tree has been put in the site, there’s been so much carbon burnt, it will be 20 years until that tree back is to zero – carbon neutral.” In fact, Urban says it may take 50 to 60 years before an urban tree’s net environmental benefits become substantial. That’s why so much care is needed for establishment. In order to foster an understanding of what trees require in terms of soil environment, Urban described the progression from igneous (volcanic) soils to those that have been affected over time by glaciation, sedimentation, wind erosion, biological trans-formation and other natural processes. Cities are often located in areas where soils are capable of sus-taining long-lived trees. That’s the good news. The bad news is that there are few sites in cities where soils have been left undisturbed or covered with concrete and asphalt. To conduct a thorough site assessment, Urban suggests the tree industry begins by looking at soil surveys and geological map-ping that describe soils in the area before they were disturbed. In addition, an examination of nearby undisturbed sites such as cemeteries and parks may provide further information. Old maps and photographs may also provide clues. For instance, if the site on which you’re working was developed before World War II or even before 1960, there’s an excellent chance heavy tracked equipment wasn’t used for construction. Finally, Urban examines the site itself. This begins with an assessment of any trees growing there. Small leaf size, leaf browning, a ragged overall shape in moder-ate-aged trees and premature fall colours may all be indicators of plant stress. “If a tree is drought stressed, it generally loses leaves from the top down. If it’s too wet, you tend to see leaf loss from the bot-tom up . . . there are some exceptions, depending on the species.” Another clue is short internodal distances—annual growth—on branch tips. These tend to give tree branches an angular appear-ance. Urban then looks at soil, poking his nose first into holes that others may have dug in the vicinity and then taking a series of core samples using a Dutch auger from the site itself. The latter can be compared to cores from any nearly undisturbed sites. When the cores are examined, among the key considerations are soil structure, soil type and topography. The topography comes into play since soils often vary from higher to lower elevations within a site. The soil type boils down to the amount of clay, sand and silt that’s present but consideration should also be given to the grav-el content and the size of sand particles. A range of soil types can support trees, with some species being better suited to some types than others. The larger consid-

eration is how well the soil is structured. That’s because trees, like people, need to drink and breathe and that boils down to a balance between soil moisture and oxygen. Poor structure—compaction—is the enemy. Surprisingly, when it comes to structure, the clay content in soils is an ally. “Everyone complains about clay. I want to tell you to love clay because clay gives soil strength. It’s like a glue . . . (but) once you destroy structure in clay it’s harder to repair it.” Good soil structure—the arrangement of sand, clay and silt particles—is char-acterized by an abundance of soil peds.

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Consultant James Urban says it may take 50 to 60 years before an urban tree’s net environmental benefits become substantial. That’s why so much care is needed for establishment.

“By the time that tree has been put in the site, there’s been so much carbon burnt, it will be 20 years until that tree is back to zero – carbon neutral.”

continued on page 14

Page 10: Tree Service Canada #13 Spring 2010

Page 10 TREE SERVICE CANADA SPRING 2010

When workers discuss tree felling notches they often talk about what kind of notches are used and what they are called. You hear about a common notch, a Humboldt notch, an open notch and, less frequently, a v-notch or swing notch. It is important to give techniques names because it helps identify one from another; however, it can also cause some problems. Typically, when you learn a notching tech-nique you identify the notch with a name and the learner connects the sequence of cuts and angles to that specific notch. However, I believe it is equally important to include an educational component that explains the “why” behind the “how.” This leaves a worker with the ability to make wise choices in order to achieve specific results.

Education is understanding how something works; training is knowing how to perform a tech-nique. I find in many cases individuals who have been falling trees for a long time were never edu-cated about the origins or reason why the technique was developed and simply repeat the same tradi-tions, not giving thought to what the notch is, what the notch does and how it can be cut to enhance and achieve desired results. The fact is, we learn so much about falling trees and cutting notches by doing and we tend to follow what we saw from those that cut before us.

What is a notch and what does it do? A notch is an opening made into a tree trunk by making two angled cuts into the trunk with the intention being that the notch starts the tree falling in the desired direction of the fall and dictates how long the hinge can work and when it will have to break. From a mechanical point of view, this notch in the tree changes the gravitational load forces on the remain-ing wood fibre, and the wood fibre left behind the notch is referred to as hinge wood. I will discuss hinge wood and tree falling control further in my next article.

Therefore, rather than focusing on what a notch is named or called, let us look at what we want the notch to do for us when falling trees. Whenever I ask students if they would like to learn techniques that would improve safety and control of falling trees, they all raise their hands or nod their heads in agreement. I must say that I am speaking in this article about notches that specifically focus on maxi-mizing safety and control. The notching technique I am speaking of in this article is not a typical pro-duction falling notching technique. The technique has many technical considerations that are necessary to allow other important aspects of the tree falling process to work better and longer, such as the hinge. This notching technique is not based on tradition and equipment limitations as it requires fallers to think and plan and not simply follow a cookie cutter routine.

In order to improve safety and control when falling trees it is important to aim notches in the desired direction of fall and ensure that the complet-ed notch opening or aperture should be of sufficient degrees to allow the hinge to provide control all the way to the ground. It is also important that the two cuts made to form the notch meet evenly and have no by-pass, as this can encourage premature hinge failure.

The following simple three-step notching plan can help anyone achieve consistent and repeatable notching results.

Step 1

Determine the angle formed by the trunk and the ground level; this angle should be the same as the angle or aperture of your notch opening. This will ensure that your hinge has every opportunity to

work all the way to the ground, giving a greater degree of control. Trees grow nearly perpendicular to level ground, so often an opening of 70 to 90 degrees is common. However, trees growing on heavy slopes will always try to grow parallel to the force of gravity: this plant response is called geot-ropism, and in some cases the angle created by the trunk and the ground level is well over 100 degrees or well under 45 degrees.

Step 2

Stand beside the tree and behind your saw, with your chainsaw positioned to begin cutting the top cut of the notch, aiming the sights in the direction you want to fall the tree. The felling sights are raised ridges, indentations, or black lines and are located on the top and both sides of the saw body on most professional model chainsaws. Wherever these sights are pointing when cutting the notch should indicate the direction the tree should start to fall. (NOTE: many factors dictate where a tree will fall and an aimed notch does not guarantee the tree will fall in that direction.)

Step 3

Make the top cut first, and then the bottom cut of the notch. By doing this you can use the kerf created as a window to know when to stop cutting when making the final cut in order to avoid by-pass or mismatching. It is important to have even alignment where the top and bottom cuts meet.

Following these three simple steps can improve your safety and control when felling trees. As often is the case when working with trees, chainsaws and gravity, there is no substitute for hands-on practice, coaching, training and education. I always encour-age people to attend hands-on courses and attend seminars—after all, education is a journey. It is my intention to stimulate thought with this article and get fallers to think about why they make the particular notches they make, where the techniques originated, and why it developed. I have never seen one tree the same as another, so why should we use a notching technique that is the same for every tree? In most cases it makes sense that techniques evolve that are similar and have common trends, and that is a good thing. Just remember that repetitive compla-cency is a silent killer. Avoid mindless routine, chal-lenge yourself daily to think through your work, and make adjustments regularly even though they may seem minor. This engages your mind and stimulates learning.

This notch is called “the open face notch.” I think the name in this case says a lot: “open face, open mind.”

In my next article I will explain how the back-cut and hinge work together with the notch.Dwayne Neustaeter is President of Arboriculture Can-ada Training & Education Ltd. This is the f ifth article in a series on technical tree falling.

Tree felling notchesUnderstand how a notch works to be a better, safer faller

This notching technique is not based on tradition and equipment limitations as it requires fallers to think and plan and not simply follow a cookie cutter routine.This notching technique is not based on tradition and equipment limitations as it requires fallers to think and plan and not simply follow a cookie cutter routine.

Wherever the chainsaw sights are pointing when cutting the notch should indicate the direction the tree should start to fall.

Determine the angle formed by the trunk and the ground level; this angle should be the same as the angle or aperture of your notch opening. This will ensure that your hinge has every opportu-nity to work all the way to the ground, giving a greater degree of control.

Make the top cut first, and then the bottom cut of the notch. By doing this you can use the kerf created as a window to know when to stop cutting when making the final cut in order to avoid by-pass or mismatching. It is important to have even alignment where the top and bottom cuts meet.

Page 11: Tree Service Canada #13 Spring 2010

Page 11TREE SERVICE CANADA SPRING 2010

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Arborists collecting soil samples should remember one thing above all others. The analysis is only as good as the sample taken.

This was a message from Jack Legg of Agri-Food Laboratories who spoke at the annual Inter-national Society of Arborists Ontario meeting in Niagara Falls on February 11.

Legg says just a two-milliliter scoop of soil is used for each of the various analyses conducted by the Guelph, Ontario company.

“That’s why we need a repre-sentative, well-mixed sample to begin with.”

If, for example, a soil test is to be performed for a single established tree, take many soil samples from within drip line of the tree and no further away than three times the size of the crown.

Use a plastic pail for collect-ing and thoroughly mixing the samples to get a representative sample. Completely fill the box or bag that’s provided.

Each sample collected, Legg notes, should be from the top six inches of the soil profile. You can use a shovel or trowel to collect the soil or you may wish to invest in a simple device that removes soil cores.

For larger areas where trees are to be planted, use the same technique but considered delivering samples that are representative of distinct areas within the location.

For example, you may wish to send in two representative samples for analysis, one from a low-lying area and one from the higher elevations.

Legg recommends using only certified soil testing laboratories which all employ a range of quality con-trol protocols. At Agri-Food Laboratories, for instance, random retests are conducted.

What’s in measured a soil test measured are the “total plant-available nutrients” including nitrogen, phosphorus, potassium and a range of micronutrients along with pH. For even more information, most soil-testing facilities also offer leaf-tissue analyses.

Soil analysis is only as good as the sample takenLocation, sampling techniques key to accurate analysis

Jack Legg, of Agri-Food Laboratories, spoke about the importance of soil testing at the annual International Society of Arborists On-tario meeting in Niagara Falls on February 11.

If a soil test is to be performed for a single established tree, take many soil samples from within drip line of the tree and no further away than three times the size of the crown.

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Page 12: Tree Service Canada #13 Spring 2010

Page 12 TREE SERVICE CANADA SPRING 2010

TR E E S U RViVAL

BY J E F F R E Y C A R T E R

Tree health begins with the soil and works its way up. That is the basis for the 10 principles landscape architect James Urban has developed for planting trees. Many of the following pieces of advice also apply to rehabilitation of sites with the aim of improving conditions of existing trees.1. Plant in the easiest places first. Given that a site’s soil conditions have been fully evaluated, this may seem a straightforward piece of advice but there can be complications. Site designs may have forced you to plant trees in the very worse spots. Urban says landscape architects need to consider tree needs before they put pencil to paper.2. Make larger planting spaces To grow an eight-inch caliper tree, you’ll need a minimum of 400 cubic feet of decent soil for the roots. Consideration may also be given to such innovations as the Deep Root’s Silva Cell technology which provides an artificial, underground structure into which good soil can be placed. It’s suited to sidewalk and paved locations and is designed to withstand vehicular traffic.

James Urban’s 10 principles for planting treesSoil quality, space are key

One of the biggest challenges for the tree industry is the establish-ment of street trees so that they will thrive beyond a few years.

Photo courtesy of Deep Root Partners

3. Preserve and reuse good soils During the construction process, it’s become far more common to separate the various soil horizons and replace them in the correct order. In addition, when sub-soils are exposed, there’s an opportunity to break up compaction and add amendments such as compost.4. Improve soils and drainage Depending on the circumstances, a variety of different approaches may be taken but the important consideration revolves around the elimination of compaction. On larger sites, compaction can be broken up with deep tillage, the type of approach often used by farmers. Other options may involve using a power-driven auger to punch through the compacted zone, using a small trencher to accomplish the same end or bringing in a backhoe to dig up a site. If compaction-busting methods are needed, the use of compost as a soil amendment should be considered. Urban favours yard-waste type compost near the surface and pine bark compost deeper into the soil profile but cautions that the excessive use of compost – more than 10 to 15 per cent in most case – can do more harm than food. Addressing compaction may remedy drainage problems but the installation of tile drain during the construction phase may be needed.5. Respect the base of the tree The longer trees live, the more space at their base they’ll need. Sur-rounding the tree base too closely with pavement, sidewalks and other obstructions will impede the development of the tree trunk flare – a key structural component. For similar reasons, take into account the root bulge further from the trunk that will develops as the tree manures.6. Make space for the roots If a tree cannot be placed in a location where there is plenty of soil to accommodate future growth, there are ways to provide root access points to soil reserves such as through the use of root channels and structural soils.

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Page 13: Tree Service Canada #13 Spring 2010

Page 13TREE SERVICE CANADA SPRING 2010

TR E E S U RViVAL

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7. Select the right tree for your site Rather than attempting to force a square peg into a round hole, select the right species of trees for the site. Some species, or instances, are better able to tolerate wet soil conditions or high salt locations.8. Preserve and reuse good soils In some situations, soils from one site can be reused in another. Amended with compost, they can provide the kind of environment for long-lived trees. If soil is to be moved from one site to another, don’t bother screening it to remove old roots and other organic matter. Try to maintain as much struc-ture in the material as possible. Rather than grind-ing it up with a rotor tiller, using aggressive mixing methods or having it screened, use a front-end load for mixing. In areas where two different soil types come together, roughen the bottom layer with the bucket of your excavator before adding the top. If you’re adding 36 inches soil to the location, the quality of the bottom 18-inches can resemble a B Horizon type soil. The upper 18 inches or A

Horizon can be amended with 10 to 15 per cent compost.9. Develop an adequate tree and soil budget

for the site. The up-front cost of tree establishment in urban area is often considerable but you’ll need to spend the money if you hope to achieve the long-term payback in tree-derived benefits. Small trees may hold aesthetic value but only big trees provide net benefits in terms of carbon seques-tration, urban cooling, air quality improvements, wildlife habitat and storm water control. “I’m going to have to spend $10,000 to $15,000 per tree to have success,” Urban says, citing the example of the Bloor Street project in Toronto. “The question is not the tree costs but what value that provides to the urban environment.”10. Design for maintenance. If you’ve adhered to the first nine steps, you’ll have already designed for maintenance.

James Urban has been working with Deep Root Partners, L.P., a business headquar-tered in California that specializes in modular Silva Cell technology which provides more room for street tree roots to grow.

Photo courtesy of Deep Root Partners

Page 14: Tree Service Canada #13 Spring 2010

Page 14 TREE SERVICE CANADA SPRING 2010

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Soil peds are the building blocks of structure. They provide well-structured soils with its crumbly appearance. With good structure, there is an abun-dance of micropores and macropores which facilitate drainage. Structure is also characterized by the absence of compacted layers through which moisture and roots have a difficult time passing. Another consideration is the water-holding capac-ity of the soil. Sandier and loamy soils tend to drain quickly. Clay soils hold more water but, of the water held, a smaller percentage is available to plant. The water-holding capacity of a site is also related to interactions that may occur between soil horizons. For instance, if there’s a layer of fine sand is on top of a layer of coarse sand, water in the fine-sand will only move into the coarse sand once it’s com-pletely saturated. That can prove a detriment in high-precipitation regions but an asset in places that are drought prone. Within natural ecosystems, decomposing and decomposed organic matter represents the upper layer of soil. Underneath is the A Horizon, the top soil. Other layers, including what’s generically referred to as subsoil, lie beneath until the bedrock is reached. The properties of soil can be improved by adding such amendments as straw which can improve water infiltration.

Soils can also be amended the wrong way. “If you dig a hole and add top soil to it in an area of clay-rich soil, you’ve just created a bog . . . few plants and few trees will grow in bogs. That’s because of the water-holding capacity of the clay surrounding the topsoil. It prevents excess water from draining away. The result is an anaerobic situation which can be identified by smelling the soil. Other soil considerations include soil pH, biologi-cal health of soil, and readily available nutrients. There are straightforward means to raise pH – making them more alkaline. Lowering pH, however, is far more difficult and a better option may be to choose tree species that will tolerate high pH envi-ronments. Concerning soil biology and nutrients, Urban puts a priority on encouraging a healthy biological soil profile through the use of compost and other means and feels nutrients should be used prudently. “Trees essentially feed themselves with carbon. Fertilizer is not a plant food; it’s simply a vitamin . . . (healthy) soil is capable of making all the nitrogen it needs.” James Urban is Maryland-based consultant. He teaches a graduate level soils course at Harvard Univer-sity.

No carbon free lunch for planting urban treescontinued from page 9 Is there any sense

to some safety regulations?Rules regarding tubby workers just one more example of onerous regulations facing employers

BY PAT K E R R

In the fall and winter issues of Tree Service Canada there have been stories about the problems of applying forestry-related safety regula-tions to the tree service industry. To cite but one example: as Ontario’s Mike Greer pointed out in the last issue, “having all workers twice the distance of the height of the tree [as regulations now deem] could have you pulling ropes for a tree removal from the next door neighbour’s property and possibly further.”

Clearly, there is a big gab between the regulations and the reality of day-to-day tree service work.

In the last few weeks I’ve been further investigating this subject and come up with more disturbing examples of illogical safety regula-tions, including those in New Brunswick.

New Brunswick’s safety-related legislation is to be found in the Occupational Health and Safety Act (available at: www.worksafenb.ca). It includes some very general clauses, including one that employers shall “take every reasonable precaution to ensure the health and safety of his employees.” Employers shall, “ensure employees comply with this Act.” That almost translates to: if one of your employees is hurt you are at fault for not ensuring they were safe. Don’t chuckle if you don’t live and work in New Brunswick. Most provinces have similar open-ended clauses in their health and safety legislation.

There’s more. In New Brunswick, like many provinces, there are specifics regard-ing fall protection. It is illegal to let your employees fall unpro-tected, from anywhere including a tree, from a height of greater then three m above the nearest safe level. Employees are not allowed to fall (without protection) from any height onto a surface that could cause injury. In short if your employee is on the second step of a ladder supposedly pruning but instead they are watching squirrels and try to imitate a leap, landing on their head, causing injury you are at fault.

The legislators in New Brunswick weren’t satisfied to lay blame on employers for employee stupidity. Some fall resistant systems are rated for 310 pounds. Now if your employee with full safety equipment, hard hat, face mask, tool belt, clothing, suspenders, boots, ropes, clamps, tie downs, chain saw, tools and a few excessive pounds potentially weighs over the 310 pounds you as an employer have a real problem. To start, you are not allowed to weigh your employees to determine if there is a problem. Second, if in doubt you must supply the equipment for over weight employees. And the cherry on top is if they refuse to wear the equipment, for over weight individuals, you’re to provide a safer job!

If you don’t believe me, check it out for yourself. http://www.work-safenb.ca/docs/Fall%20Protection%20-%20Heavier%20worker.pdf

In Canada, employers are required to ensure all worker safety. No one wants to see a worker get injured. However, to increase the

safety of the tree service industry everyone—employees and employers alike—are going to have to work together.

If you were charged or know of a health and safety violation and would like to discuss it write to [email protected] or the editor.

If an overweight worker refuses to wear the proper equipment you’re to provide another job!

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Page 15: Tree Service Canada #13 Spring 2010

Page 15TREE SERVICE CANADA SPRING 2010

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Page 16: Tree Service Canada #13 Spring 2010

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