Tree Service Canada Magazine Issue #33 Summer 2015

16
Volume 9 Issue 3 SUMMER 2015 $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] THE VOICE OF CANADA'S TREE SERVICES INDUSTRY SUPPORT INSIDE Fundy biosphere studies effects of climate change on NB forests ........................................... 3 TECHNIQUES: Fall Protection Systems ................................ 10 continued on page 5 BUSINESS AFTERMATH Cutting edge innovation since 1689. continued on page 6 BY SHIRLEY BYERS e fact is that one of the earliest lessons I learned in business was that balance sheets and income statements are fiction, cash flow is reality. Chris Chocola, American business man and former politician. At Abbotsford, B.C. Keith Schultz is the owner of Highland Tree Service Ltd. Most of his clients now are residential and that, he says, has made a big difference in his cash flow. “I used to do Hydro work but at B.C. Hydro you’re waiting two to three months to get paid. I find it very stressful so I stopped working for Hydro because of that.” ese days, some of his customers wait the full 30 days to pay his bill but 80 per cent pay up when the job is done. Just getting started in the tree service business can be onerous and what do you do when there’s little to no cash flow? In Canada, federal and pro- vincial governments provide loan-guarantee services for the purchase of operating equipment and fixed assets. Under programs such as the Canada Small Busi- ness Financing Program, the government agrees to pay up to 85 per cent of the value of the loan, back to the financial institution if the borrower defaults on that loan. Managing cash flow Four arborists share their perspectives continued on page 7 Paul Saindon owner of Tree Doctor in Calgary cautions others to be prepared to encounter some difficulties when trying to set up an LOC or even a credit card for a new business. BY PAT KERR Some very lucky homeowners are eligible for funding to help with the costs of tree care and tree replacement through Tree Canada, thanks to sponsors like U-Haul, TELUS, Alberta Environment and Sustainable Resource Development and Bio- Forest. In Peterborough, Ontario, ash tree owners can receive up to 50 per cent of the costs for treating trees with TreeAzin, a bio pesticide that helps fight the emerald ash borer. Alberta residents have two funding programs for tree replacement. e first is for the replacement of trees killed by mountain pine beetle. Home owners with shelterbelt trees or landscape trees around their yard that were killed by mountain pine beetle will be able to apply for tree seedlings or potted trees up to a five gallon pot size, for a maximum amount of $5,000. Municipalities that have had trees killed by mountain pine Operation ReLeaf kicks in New programs help homeowners keep and/or replace trees Measuring ash for TreeAzin injection. BY MATT JONES “I hadn’t seen a storm this bad in 30 years,” says Don Murray. “I hope there’s not another one for another 30.” Murray is the Manager of Parks and Trees and the City Forester for the city of Fredericton, New Brunswick. Last year, post-tropical storm Arthur battered the Atlantic Provinces with 110 kilometer per hour winds which knocked over approximately 1,000 trees in Fredericton. e damage was so widespread that recovery efforts will likely continue for years to come. “Our trees were not prepared for it,” says Murray. “Our trees could withstand about 80 kilometers per hour wind when they were at full leaf. We’d never seen anything like that before. People I’ve spoken to who’ve worked here their whole life have never seen wind like that.” Lessons from post-tropical storm Arthur Fredericton, New Brunswick works to replace 1,000 trees

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The Voice of Canada's Tree Services Industry

Transcript of Tree Service Canada Magazine Issue #33 Summer 2015

Page 1: Tree Service Canada Magazine Issue #33 Summer 2015

Volume 9 Issue 3 SUMMER 2015 $5.00

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

T H E V O I C E O F C A N A D A ' S T R E E S E R V I C E S I N D U S T R Y

SUPPORT

Enter on page 12

INSIDEFundy biosphere studies effects of climate change on NB forests ........................................... 3

TECHNIQUES: Fall Protection Systems ................................10

continued on page 5

BUS INESS

AFTERMATH

Cut t ing edgeinnovat ionsince 1689.

continued on page 6

BY S H I R L E Y BY E R S

The fact is that one of the earliest lessons I learned in business was that balance sheets and income statements are fiction, cash flow is reality. Chris Chocola, American business man and former politician.

At Abbotsford, B.C. Keith Schultz is the owner of Highland Tree Service Ltd. Most of his clients now are residential and that, he says, has made a big difference in his cash flow. “I used to do Hydro work but at B.C. Hydro you’re waiting two to three months to get paid. I find it very stressful so I stopped working for Hydro because of that.”

These days, some of his customers wait the full 30 days to pay his bill but 80 per cent pay up when the job is done.

Just getting started in the tree service business can be onerous and what do you do when there’s little to no cash flow? In Canada, federal and pro-vincial governments provide loan-guarantee services

for the purchase of operating equipment and fixed assets.

Under programs such as the Canada Small Busi-ness Financing Program, the government agrees to pay up to 85 per cent of the value of the loan, back to the financial institution if the borrower defaults on that loan.

Managing cash flowFour arborists share their perspectives

continued on page 7

Paul Saindon owner of Tree Doctor in Calgary cautions others to be prepared to encounter some difficulties when trying to set up an LOC or even a credit card for a new business.

BY PAT K E R R

Some very lucky homeowners are eligible for funding to help with the costs of tree care and tree replacement through Tree Canada, thanks to sponsors like U-Haul, TELUS, Alberta Environment and Sustainable Resource Development and Bio-Forest.

In Peterborough, Ontario, ash tree owners can receive up to 50 per cent of the costs for treating trees with TreeAzin, a bio pesticide that helps fight the emerald ash borer.

Alberta residents have two funding programs for tree replacement. The first is for the replacement of trees killed by mountain pine beetle. Home owners with shelterbelt trees or landscape trees around their yard that were killed by mountain pine beetle will be able to apply for tree seedlings or potted trees up to a five gallon pot size, for a maximum amount of $5,000.

Municipalities that have had trees killed by mountain pine

Operation ReLeaf kicks inNew programs help homeowners keep and/or replace trees

Measuring ash for TreeAzin injection.

BY M AT T J O N E S

“I hadn’t seen a storm this bad in 30 years,” says Don Murray. “I hope there’s not another one for another 30.”

Murray is the Manager of Parks and Trees and the City Forester for the city of Fredericton, New Brunswick. Last year, post-tropical storm Arthur battered the Atlantic Provinces with 110 kilometer per hour winds which knocked over approximately 1,000 trees in Fredericton. The damage was so widespread that recovery efforts will likely continue for years to come.

“Our trees were not prepared for it,” says Murray. “Our trees could withstand about 80 kilometers per hour wind when they were at full leaf. We’d never seen anything like that before. People I’ve spoken to who’ve worked here their whole life have never seen wind like that.”

Lessons from post-tropical storm Arthur

Fredericton, New Brunswick works to replace 1,000 trees

Page 2: Tree Service Canada Magazine Issue #33 Summer 2015

Page 2 TREE SERVICE CANADA SUMMER 2015

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Page 3: Tree Service Canada Magazine Issue #33 Summer 2015

Page 3TREE SERVICE CANADA SUMMER 2015

NEWS

BY M AT T J O N E S

The Fundy Biosphere Reserve, a United Nations Educational, Scientific and Cultural Organization (UNESCO) designated project, has released the results of an in-depth study into the effects of climate change on New Brunswick forests. According to the study, a temperature increase of only two degrees could have significant effects on the health of the province’s forests.

“For a lot of years, people have been saying that we don’t really know enough yet to do anything,” says Ben Phillips, Conservation Program Manager for the biosphere reserve. “But for quite a while, the Canada Forest Service has published maps for different climate change scenarios called climate envelope maps, showing where each species would potentially migrate to or where the climate envelope for each tree species should migrate to given certain amounts of climate change. We can see where these trees would live by following their optimal climate.”

Phillips says that they looked at all the maps for the area and looked at a presence/absence scenario for a moderate climate change. They also looked at information on what types of population scale disturbances affect species in their range, including invasive insects, diseases, animals, ice storms, frost and other circumstances that could adversely affect forest health. The research shows that rising temperatures will mean that the optimal climate for many species will migrate north as temperatures increase.

“Species that have ranges that extend far to the south should generally do better,” says Phillips. “Species that are to the southern end of their range should do more poorly as their optimal climate will move north and they’ll be back in the sub-optimal scenario.”

The biosphere reserve team have identified eight tree species optimally suited for the new climate—Black Cherry, Red Maple, Hemlock, Sugar Maple, Red Oak, White Pine, Ironwood and American Beech. Phillips says these species will likely thrive, but it may take some experimentation to determine the best course of action.

“In the next 50 or so years, the climate here will be well-adapted for them,” says Phillips. “Should we go and plant those in the middle

Ben Phillips, Conservation Program Manager for the Fundy Biosphere Reserve discusses the results of a recent study with local woodlot operators.

Fundy biosphere studies effects of climate change on NB forests Results suggest planting of certain species

of the forest? I don’t think we know enough there. There are so many ecological connections between different species and the trees that are the basic structure of this forest. We don’t know how changing a species is going to affect the biodiversity in the forest. But we’ve already been doing this in our towns and cities for so long, I think it’s a perfect opportunity to bring in these non-native species, plant them in our cities and watch them and see how they react and what species are making use of them. “

Eight species are not enough for an entire forest though, Phillips cautions. Those eight need to be supported as they will likely thrive, but species that will see their optimal climate migrate north should be supported to maintain as much diversity as possible.

“We know we’re stuck with a certain amount of climate change no matter what we do,” says Phillips. “We can slow it down, but we know we’ll have to change and everybody needs to know what to do about it.”

“Species that have ranges that extend far to the south should generally do better.”

Page 4: Tree Service Canada Magazine Issue #33 Summer 2015

Page 4 TREE SERVICE CANADA SUMMER 2015

Ontario’s tallest tree recognizedWhite pine reaches 47 metersCompeting for record breaking trees is a Canadian tradition dating back to when loggers cut the best and tallest trees as trophies.

Today’s record breakers are tourist attractions and seen as an opportunity to educate the public on tree health — in other words, the tallest trees are no longer cut down.

The newest candidate for Ontario’s tallest tree was confirmed this year at 47m by Steve D’Eon, a forester. The eastern white pine is located in Gillies Grove Nature Reserve on the Ottawa River.

Nature Conservancy of Canada, which manages the land at Gillies Grove, was not available for comment but Algonquin Provincial Park that formerly held the record is still proud of their record worthy trees.

Algonquin Provincial Park’s tallest tree is a Red Pine that is 37.5 metres tall. This is still the tallest of its species, in Ontario. 

In addition to having the largest Red Pine, the park also has the tallest Black Ash at 29.5 metres. The title for tallest yellow birch in the province is held by Ministry of Natural Resources and Forestry (MNRF) Parry Sound District and stands at 24.7m tall. Recently, there was a Yellow Birch found in Algonquin that had staff hopeful it may regain the title but it wasn’t quite tall enough.   In a release, a park spokesperson said, “While Algonquin Provincial Park may not currently hold the title for the tallest tree in Ontario, the park is happy to remain on the ‘Honour Roll’ with two trees that are the tallest of their species in Ontario and continues to be on the lookout for more contenders within the park’s vast forests.” Ontario’s Honour Roll of tallest trees can be found at: http://www.oforest.ca/honour_roll/trees.php

~Pat Kerr

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The eastern white pine is located in Gillies Grove Nature Reserve on the Ottawa River.

Page 5: Tree Service Canada Magazine Issue #33 Summer 2015

Page 5TREE SERVICE CANADA SUMMER 2015

RESEARCH

beetle will be able to apply for trees for a maximum amount of $10,000.

The second program is for trees killed by the 2013 flood or the snow storm in 2014.  This has the same rates as the mountain pine beetle program.

These and other programs function through “Operation ReLeaf.” For more than a decade, Operation Releaf programs have been helping communities to help their trees harmed by or lost to natural disasters and pests. These have included

floods, forest fires, beetles and tornados.The catch with this program is private sponsors

or the provinces must be found and motivated to fund each crisis. Without these contributors many communities are left without disaster assistance.

Richard Walker, Director of Communications with Tree Canada said, “They have record uptake. More and more people are appreciating their trees and if they can support their trees at a reduced cost they will do it. Whenever there is a natural disaster we want to be there. Tree disasters are no longer occasional happenings. They are the new norm.”

Tree Canada is expected to announce that 10 more communities will be receiving a donation of about 60 litres each of TreeAzin from BioForest. This is valued at $700/l. The natural pesticide will

be going to the communities in both Ontario and Quebec most affected by the emerald ash borer.

Walker said the EAB program in Peterborough is a pilot. It often costs home owners $400 to $500 to treat their trees every two years. If they can get funding they will take the program nationally.

Paul Hambridge, Urban Forest Specialist in Peterborough said that city was chosen for the pilot project because it is in the early stages of the infestation. Several insects were found last year

but to date the trees are asymptomatic. “This is the ideal time to start treating trees, before the damage is evident. Our municipal trees were treated last year.”

More than being in the wrong place at the right time, Peterborough was also chosen for the pilot project because it is a community known to be proactive in tree care. The city was already doing an inventory of their trees and mapping concentrations of ash.

There are several points to the program that Hambridge likes. These include: property owners with five or fewer ash trees get the first chance at the funding, “We didn’t want large properties to gobble up all the money.” Also the timing is

important. “We are in the lag period between telling people it is coming and waiting for the trees to die. The message fades. This is keeping things going. This is the time to start treatment.”

Hambridge has heard public questions on what happens if the program doesn’t continue. For many, the approximately 50 per cent discount tips the scale in favour of the tree. At this point, there is no guarantee sponsors will be found to continue the program but he is hopeful.

Hambridge is confident the program and TreeAzin will work but he cautions over and over. “It must be done early.”Details for the programs are at the Tree Canada web site.  

Operation ReLeaf kicks in continued from cover

Watch for Oak WiltTaylor Scar, with Ontario’s Ministry of Natural Resources, is encouraging tree workers this season to be on the look-out for oak wilt or Ceratocystis fagacearum, a fungal pathogen with bark beetle or root graft transmission. It is now known to be in 23 states and there are concerns it could arrive in Canada. It is estimated this condition will have minimal impact on forestry but significant to urban areas.

Although this condition was confirmed in the US in 1944, its origin is still uncertain.

Wilting or bronzing of the foliage starts in May. Spore mats form on wounds from storm damage or pruning. It is generally advised not to prune any oaks before July 15 in susceptible areas. Dress all natural wounds as soon as possible. Buy only from reliable nurseries and mechanical trenching is used to prevent root transmission.The white oak family can sometimes survive for a couple of years but red oaks can die in one season. There is no known treatment. Chinese chestnut and apple are also affected.

~Pat Kerr

Leaves showing stages of oak wilt.

It is generally advised not to

prune any oaks before July

15 in susceptible areas.

Announcing funding for pilot project in Peterborough, Ontario, for treatment against emerald ash borer with the sponsor U-Haul and the Mayor, Darryl Bennett on the left hand side.

Injecting TreeAzin, a biopesticide into mature ash tree.

Page 6: Tree Service Canada Magazine Issue #33 Summer 2015

Page 6 TREE SERVICE CANADA SUMMER 2015

The immediate clean up following the storm was hectic, with crews working 16 to 18 hour days to remove trees which were blocking roads. The priority was the main routes, says Murray, to ensure that people could access hospitals and that emergency services could make their way through town. But it was not an easy effort.

“It was very challenging — we were competing with everyone else for the resources to get those trees cleaned up,” says Murray. “We were competing for the same assets that NB Power was looking for in restoring power. We had 45 people working up to 18 hours a day and we had a challenge feeding them. The homeowners were not prepared and we had to compete for food from the same restaurants and caterers that they were trying to get food from.”

The city workers set up a call centre at their office to take calls from the general public and determine where there was the most potential for danger. The call centre was crucial in determining which trees could pose an immediate threat and which ones could be left until later. “We called it our Tree-age centre,” says Murray with a laugh. Working by lantern-light at times, workers took thousands of calls during the clean-up effort.Murray says that no one was hurt during the storm itself, and most of the public were safe during the immediate recovery process. However, he says, many residents were lucky to escape injury when examining the damage in the days following.

“It was a lovely day after the storm and people were driving around and trees were falling around them,” says Murray. “A couple would stop me and say, ‘That was close, I was driving down there and a tree nudged my [car’s] trunk as it fell.’ Why don’t you stay home? That was one of the biggest challenges — people wouldn’t stay home. There were no TVs, no internet, they wanted to go out and see what was going on.”

After the initial clean-up efforts, the next step involved taking care of the remaining tree stumps. This required a significant amount of legwork to ensure that there were no conflicts with underground natural gas, power or water and sewer lines. Where possible, new trees are being planted in the holes where stumps used to be.

“We’re planting 15 trees a day,” says forest technician John Ferguson, wiping sweat from his brow after erecting a tree near Fredericton’s Willy O’Ree Place arena. “We

haven’t been planting bare root trees, so it goes a little slower.”Due to the number of staff available, it would not be logistically possible to replant

all 1,000 felled trees in one season. Instead, the city is working on a three-year schedule. However, in some cases, it is better to leave them as is.

“Many of our parks and trail systems still have a lot of downed trees,” says Murray. “Some of our parks, we would do more damage to the existing, standing forest trying to get that material out than just leaving it and letting it rot naturally and return to the soil. It would be very, very expensive to go in and remove all that material.”

Murray says that he hopes that Arthur’s impact last year will mean that the general public will be better prepared for such incidents in the future, with food and water on hand so that restaurants and caterers won’t be as overrun. For the city, he says, they will be looking at adjusting which species they replant, so that the new trees may be more resistant to wind damage.

COVE R

Lessons from post-tropical storm Arthur continued from cover

City of Fredericton forest technicians John Ferguson and Matt Wood plant a tree where one had been felled during a tropical storm last year.

The call centre was crucial in determining

which trees could pose an immediate threat and which ones could be left until later. “We called it

our Tree-age centre.”

To find out more about this exciting industry magazine go to www.servicetruckmagazine.com

or contact

Nick Moss, Marketing Manager, Office: 250-478-1981 [email protected]

Introducing a magazine focussed on service truck owners, operators, managers and manufacturers across the US and Canada.

Page 7: Tree Service Canada Magazine Issue #33 Summer 2015

Page 7TREE SERVICE CANADA SUMMER 2015

COVE R

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Schultz applied for these but was turned own. But he was able to get a start-up loan help through Community Futures. They con-nected him with Van City Credit union and through that institution he began financing his equipment. “The interest rate was quite high — 12-14% — but it got my foot in the door,” he says.

Equipment replacement can’t always be planned and it can wreak havoc with cash flow. Joey Sullivan of Sullivan Tree Service in Calgary began his business in 2008. When the company was being built what he could be afford was all that he purchased.

For more recent purchases he has taken out short term bank loans and paid them off quickly so the company is never in debt. A line of credit is in place but only for emergencies.

He doesn’t have a specific cash flow budget, but tries to keep spending to a minimum while constantly striving to grow.

Paul Saindon owner of Tree Doctor in Calgary appreciates the line of credit he has with his bank in the winter when there’s more expense than income but he cautions others to be prepared to encounter some difficulties when trying to set up an LOC or even a credit card for a new business.

“I started in the business in 2006,” he says. “It took about three years before I could get my first credit card for the company. I had to co-sign for the company.”

This stipulation continued he says for about three years, until he “put his foot down.” “At some point you have to stop it,” he says, “because when you want to buy something personal, like a house for example, if you sign for all the debt of your company you have an unbelievable debt ratio.”

Bob Kwak is the owner of Central Valley Tree & Arbour Services at Abbottsford, B.C. He’s been in the tree service business since 1981.

In the past he has used a line of credit to help man-age cash flow but hasn’t needed to for some time. “With residential custom-ers we collect as soon as we’re done,” he says and adds that collection takes longer on jobs for the City or B.C. Hydro, up to 60 days.

When he’s shop-ping for equipment he makes sure he has enough money in the bank to pay for what he’s buying. “I don’t make any payments,” he says.

Although he never took advantage of government loan guarantee programs, he thinks now that those might have been a good idea. He does make a cash flow budget. He meets with his ac-countant every three or four months and brings him up to date with what’s going on. His cash flow budget is now $45,000 per month.

Six suggestions for smoothing out cash flow issues1. Do what you hope your customers don’t do. Pay bills when they’re due and not much sooner. Paying bills right away gets them out of the way but also ties up cash. Set your account to automatically transfer the money on the day it needs to be paid.

2. Invoice promptly. Many clients prefer to wait 30 to 60 days after receiving an invoice to make payments, (probably for the same reason we’re encouraging you to do the same) which means that you’re already going to have to wait to get paid. It’s important that you send out invoices promptly to your clients, as that will shorten the period between completing the job and receiving the needed income.

4. Plan ahead. Figure out when your peak season will be and when it’s not. Put aside a little each month for those not rainy and not stormy and not windy days when you can’t buy a job.

5. Be diligent on accounts receivables, and make sure that your accounting depart-ment is tracking all invoices and pending payments that are due.

6. Get to know your banker. Meet regularly. If you only show the bank your revenue at the start of the year your line of credit will be based on that amount. But if your company is growing rapidly —since starting in 2008, Joey Sullivan has doubled his gross revenue every year — those numbers may be out of date. When they see you are working hard and you are growing they might pony up some more cash for that LOC.

When Bob Kwak, owner of Central Valley Tree & Arbour Services at Abbottsford, B.C. needs equipment he makes sure he has enough money in the bank to pay for what he’s buying. “I don’t make any payments,” he says.

Joey Sullivan of Sullivan Tree Service in Calgary (pic-tured here with Sullivan employee Burton Allen) takes out short term bank loans and pays them off quickly so the company is never in debt. A line of credit is in place but only for emergencies.

Most of his clients now are residential and that, he says, has made

a big difference in his cash flow. “I used to do Hydro work but at B.C.

Hydro you’re waiting two to three months to get paid. I find it very

stressful so I stopped working for Hydro because of that.”

Managing cash flow continued from cover

Page 8: Tree Service Canada Magazine Issue #33 Summer 2015

Page 8 TREE SERVICE CANADA SUMMER 2015

The concept of ‘reasonable’ is a commonly used term in many contracts, legal documents and court decisions. Often the court is seeking to decide if one or more actions were reasonable in any one set of circumstances. The actions in question can be those of a private individual, a tree care company or its employees, or a government official making a determination about what can or cannot take place.

There are several legal definitions of the term reasonable. All encompass the concepts that the action taken must be fair, appropriate and similar in character to what any other person would do in the same or similar circumstances.

In some cases the actions taken can be established as reasonable by comparing them to a standard of care. For example, tree risk assessment in North America is largely defined by well-established training courses and accreditation such as the former Certified Tree Risk Assessor programme (TRACE), or the more recent Tree Risk Assessment Qualification (TRAQ) promulgated by the International Society of Arboriculture.

There are other, similar programmes in use by the US Forest Service, and all of them set out the process and goals of what risk assessment is supposed to encompass.

The standard of care determines what is or is not reasonable. Clearly, the average homeowner may have little or no knowledge of what to look for when dealing with tree risk, tree valuation or boundary locations. Reasonable behaviour for the homeowner will be different from the standards expected from certified arborists, tree care companies and other associated professionals such as surveyors, foresters, and engineers. The latter are expected to have and to properly apply, specialised training. Reasonable in that sense will be more technical, with the expectation that a more stringent understanding of what is required will have been used.

In the case of Freedman v. Cooper, 2015 ONSC 1373 a boundary tree was damaged in an ice storm. Mrs. Freedman was concerned about risk issues, and after obtaining opinions from several arborists, she applied to the City of Toronto for a removal permit and it was granted. Mr. Cooper did not want the tree removed and denied access to allow for its removal. In correspondence from the City it was noted that the permit had been issued because “...our assessment that no reasonable alternative to tree removal are [sic] possible...”.

The trial judge ordered that the tree be removed as it was damaged and unstable enough to constitute a nuisance to the Freedman property. “Nuisance is a common law tort, and it is a form of strict liability that is not concerned with fault or misconduct. Rather, it is a social ordering law based on imposing responsibility or legal liability when an owner’s use of his or her property unreasonably interferes with the use and enjoyment of land by others. Generally speaking, whether the landowner’s unreasonable use was intentional, negligent or innocent is of no consequence if the harm can be categorized as a nuisance. What is unreasonable reflects the ordinary usages of people living in society, and determining unreasonableness involves balancing competing rights of landowners.”

In R. (ex rel. Scheuermann) v. Gross, 2015 ONCJ 254 one of the issues dealt with a tree removal permit for a boundary tree. The permit had been issued due to a determination that the Norway Maple was hazardous, and if it was not removed expeditiously, the applicant, Mr. Gross, would be liable for any ensuing damages. The Norway Maple was a boundary tree, but prior to its removal the applicant failed to notify the neighbours who also owned the tree, even though the paperwork issued specifically noted that the neighbours should be notified.

The judge noted “In these circumstances, a reasonable person who knew that he was not on speaking terms with his neighbours who were co-owners of the tree in dispute, would have sent at least one registered letter, if not more, ....”

“Furthermore; I find that a reasonable person would not have waited three and a half years before taking down an imminently hazardous tree that the Confirmation of Exemption stated must be removed immediately, noting that a failure to do so would result in the issuance of an emergency order by Municipal Licencing & Standards staff. I understand that Dr. Gross had many things on his plate during that time, nevertheless, the wait of three and half years seems to me to be unreasonable.”

The standard of care employed by municipal officials can be questioned. In Eric Winters and The Corporation of Haldimand County, 2013 ONSC 4096 a teenager climbed into a tree located in a municipal park. He fell and was seriously injured. One of the issues arising was whether or not parks staff had met a standard of care required under the Occupier’s Liability Act.

The judge noted “The standard is one of reasonableness. That is not necessarily the same thing as being obliged to do whatever perfect hindsight would indicate might have avoided the injuries in first instance.”

Evidence presented at trial revealed that the tree had been used by generations of teenagers, and there had been no complaints and no reports of other injuries. Park officials visited the site weekly but had never seen anyone climbing the tree, nor was the teenager’s mother aware of the activity even though she regularly visited the park. As was noted by the judge, “I consider that practice to constitute reasonable monitoring of the park and its use in the prevailing circumstances. The standard for the municipality ought not to be higher than that of the reasonably prudent parent, which Ms. Winters appears to have been.”

It was suggested that the limb in question could easily have been removed without damaging the rest of the tree, but was that a reasonable thing to expect? The judge disagreed. “I do not consider it unreasonable for the County to have left the trunk or limb in place. Given the state of knowledge that existed prior to Eric’s accident, it was no more unreasonable to leave the tree as it was than it was to leave any other horizontal surface from which one might be injured by falling. I have already determined that the County’s monitoring of the tree’s usage was reasonable in the circumstances. It is not reasonable to expect an occupier to eliminate all possible risks.”

Later it was noted that “The question, of course, is whether it would have been reasonable to call upon the County to pass a by-law prohibiting tree climbing in the park, put signs in place to that end and then patrol for compliance. In the circumstances of this case, I am not prepared to find that such was required

here. The County does not have limitless resources. It ought not to be obliged to manifestly forbid all activities which, with hindsight, might prove to be dangerous. There has to be a reasonable limit to such prohibitions on human activity.”

The case was appealed (Winters v. Haldimand (County), 2015 ONCA 98) but dismissed on the basis that the standard of care used was reasonable in the circumstances.

In all these and other examples, the test of reasonable hinges on the particular circumstances. For arborists, municipal staff, and tree care companies, knowing the standard of care expected is critical if their actions are to be accepted as reasonable.Julian Dunster is not a lawyer and the above should not be construed as legal advice. If you have an issue requiring legal advice please consult a lawyer. Additional case law can be found in the book Arboriculture and the Law in Canada. Copies are available from Julian Dunster. [email protected] www.dunster.ca Julian Dunster also maintains an extensive data base of Canadian case law involving trees. Please contact him for more information.

The reasonable personThe law requires a test of how most people would react to a hazard

In a court case involving a teenager who fell from a tree located on public prop-erty, the question of reasonable care was key in the judge’s decision.

It was suggested that the limb in question could easily have been removed without damaging the rest of the tree, but was that a reasonable thing to expect?

Page 9: Tree Service Canada Magazine Issue #33 Summer 2015

Page 9TREE SERVICE CANADA SUMMER 2015

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Page 10: Tree Service Canada Magazine Issue #33 Summer 2015

Page 10 TREE SERVICE CANADA SUMMER 2015

When working at heights it is advisable and required that workers are fall protected. Fall Protection is an umbrella term that is made up of four distinct categories. Workers must comply with the category that applies to the work they are doing. In some cases like in tree work, a tree climber will cross over into more than one category and in other work activities workers are often only in one.

In this article I will explain the categories and components that make up and define the system.

Equipment is designed to meet the requirements of one or more specific category. Some designs fall protect workers in more than one of the following listed four categories of fall protection;

1. Fall Arrest

2. Fall Restraint

3. Suspension

4. Work Positioning

These categories protect workers from a fall as it applies to the work they are doing. Each category incorporates the use of one or a combination of life lines and lanyards that attach to points on the harness using connecting links. Lifelines and lanyards are also attached to anchor points and thus a system is created. To allow for movement and adjustability ascenders, descenders, other specialized devices, including prussics and rope tools can also be used to attach to lifelines and lanyards. Life lines and lanyards can have designed characteristics that improve safety by being adjustable, stretchy or shock absorbing, and in Canada must have a minimum tensile strength of 6000 lbs. Connecting links must be rated to a minimum of 5000lbs or 23 kN and be auto locking. Harnesses must meet strength testing and have manufacturers labels that prove test compliance.

Fall arrest systems are designed to catch a worker if they fall from a work location. Harnesses designed for fall arrest are a full body harness. Full body means that the harness supports the legs, shoulders and body and must have a dorsal attachment point.

Fall arrest systems must employ the use of decelerating or shock absorbing lanyards and have the deployment end of the lanyard

attached to the dorsal attachment point on the harness and the other end of the lanyard attached to a rated anchor point. The connecting links must also be rated and auto locking. Fall arrest systems generally employ only one lanyard and are not adjustable as it is the work platform that moves not the worker, like in an aerial lift.

Fall restraint systems are designed to prevent a worker from getting into a position where they could fall; in essence they act like a leash. Harnesses designed for fall restraint are usually the simplest design and commonly called body belts. Fall restrict systems employ a body belt that attaches around the waist. It usually has one rated anchor point to which a lanyard is attached; the lanyard must be short enough to prevent or restrict a worker from going over the edge of an at

height work location. The lanyard is attached using rated connecting links to the belt and to a rated anchor point.

Suspension systems are designed to allow a worker at height to work while suspended in free space. Hands and feet are not load bearing in this system. The worker is suspended in a harness that incorporates the legs and buttocks into the attachment point. A lifeline lifts and lowers the worker or a worker moves up and down on the lifeline, either way it is attached to a rated

anchor point. A lanyard is often employed as a secondary tie-in especially when working with equipment that could sever or damage, like a chainsaw. This secondary system is another form of fall protection.

Work positioning systems are designed to allow a worker to work using both hands while being protected from a fall. Work positioning systems require that both feet are on stable footing. Work positioning systems employ a harness that has two attachment points on either side of the waist to attach a lanyard. The lanyard goes around a rated

anchor point, and each end attaches back to the harness, like a power lineman on a power pole. It is important to attach one end of the lanyard to one side of the side attachment point of the harness and the other end of the lanyard to the other side of the harness.

As arborist workers we cross into more than one category of fall protection. When tree climbing we are ascending, descending or moving from one branch to another; in these cases we need to be in a suspension system.

Whenever we work in a tree and need the use of our hands then we need to be in a work positioning system. Remember when using equipment that can cut or sever like a chainsaw or a hand saw it is important to have a secondary system as a safety back up. This is achieved by

Fall Protection SystemsHarnesses, life lines, lanyards, connecting links, attachments and anchor points = systems

Fall arrest systems generally employ only one lanyard and are not adjustable as it is the work platform that moves not the worker.

Fall restrict systems employ a body belt that attaches around the waist. It usually has one rated anchor point to which a lanyard is attached; the lanyard must be short enough to prevent or restrict a worker from going over the edge of an at height work location.

Suspension systems are designed to allow a worker at height to work while suspended in free space.

Work positioning systems employ a harness that has two attachment points on either side of the waist to attach a lanyard. continued on page 11

Full body harnesses allow a worker with the correct anchor points, connecting links, life lines and lanyards to be compliant in all four categories of fall protection.

Page 11: Tree Service Canada Magazine Issue #33 Summer 2015

Page 11TREE SERVICE CANADA SUMMER 2015

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having a vertical lifeline as part of your suspension system and a horizontal lifeline as part of your work positioning, working together to ensure you are fall protected.

When working from an aerial lift only, a fall arrest system is needed and no back up is required as the saw is not near to the rated anchor point of the lift or the shock absorbing lanyard attached dorsally to the full body harness. This is why so often full body harness designs do not have any other attachments other than a dorsal.

Many manufacturers are designing fall protection equipment that is more versatile to the many aspects of fall protection needed by arborists. A good example are harnesses that are of a full body design that have dorsal attachment points for fall arrest and also have side attachments points to allow for work positioning and frontal connections that incorporate the legs and the buttocks for suspension. These progressive harness designs allow a worker with the correct anchor points, connecting links, life lines and lanyards to be compliant in all four categories of fall protection.

A final note on anchor points and tree climbing: Obviously, rated anchor points are not available in trees. When rated points are not available temporary anchor points are employed. Temporary anchor points in Canada must be field tested prior to being used for life support. This means that the anchor point is pre-loaded from a grounded or fall protected position to a load that is equal to the expected loads to be applied to that temporary anchor point. In the case of tree climbing this is achieved by tying one end of the lifeline off or having two workers load each side of the lifeline; this applies a force roughly twice that of the worker. This is done to take into account the dynamic load that occurs during ascent and descent. It is necessary that all temporary anchor points be field load tested and important to be able to prove through your company’s policies that you follow this important procedure.

Dwayne Neustaeter is president, curriculum programmer and lead instructor of Arboriculture Canada Training & Education Ltd., an organization focusing on meeting the training and business needs of arborists and related industries.

He instructs classes, seminars and hands on training programs on safety and a wide range of skills for arborists around the world. He is widely recognized for his upbeat speaking style, engaging learners and making learning fun.

As current Society of Commercial Arboriculture President, past-president of the ISA Prairie Chapter, past committee member of the ISA Tree Risk Assessment Qualification Panel of Experts and ISA TRAQ instructor, he remains involved in associations and committees across North America to give back to the industry and continue learning. Dwayne NeustaeterArboriculture Canada Training & Education Ltd.1 McLeod CrescentOlds, AB T4H 1E9403-556-1701 (office) 403-507-1481 (cell)[email protected] www.arborcanada.com

These categories protect workers from a fall as it applies to the work they are doing. Each category incorporates the use of one or a combination of life lines, and lanyards that attach to points on the harness using connecting links.

Page 12: Tree Service Canada Magazine Issue #33 Summer 2015

Page 12 TREE SERVICE CANADA SUMMER 2015

ACCIDENT REPORTS

BY PAT K E R R

Lift truck ride ends in tragedyArboriculture is a fascinating profession for both adults and children to watch and “try” the equipment but there was yet another accident this year to emphasize why tree service is not a spectator sport and non trained workers should not be on, around or use the equipment.

It was reported that a trained tree worker in Albuquerque, New Mexico, was known to use his mobile cherry picker to give children rides. On the date of the incident, in May, a wind gust took the unsecured bucket down killing two who were on the ground and injuring three.

The official reports have not been released, yet and the insurance companies are not wanting to comment at this time but most small business policies do not insure equipment when used for non-employment purposes.

New Brunswick No incidents reported in tree service industry but authorities did release a hazard alert for the use of boom-type elevating lift platforms after a non-tree industry fatality with points of interest for tree workers.

Two men were operating from a basket approximately 36 feet above ground, with the boom extended about 55 feet. When they were returning to the ground, using the controls in the basket, the basket came into contact with a horizontal section of pipe. “Excessive downward pressure exerted on the boom caused the basket’s leveling cylinder to fail and the basket flipped toward the boom. This generated a severe whipping motion of the boom and the two workers were thrown from the basket, suspending them from their fall-arresting equipment. While the operator cleared the boom and received minor injuries, the engineer was killed when he struck the boom.” See sidebar for more information on this potential hazard.

Neither Ontario, nor Alberta reported any incidents this quarter.Nova Scotia Nova Scotia had 10 tree service claims and two hazard alerts this quarter. Four of the accidents were time-loss claims. All were struck with a plant, tree or other non-processed vegetation.

Nova Scotia WCB has a new safety bulletin on line on how to manage a safe small business. It is found at the NS WCB site, under Tool Kit. It goes step by step through the process of identifying hazards, learning from experience (doing accident investigations) through communication of safety information and ends with maintaining a safety program. British ColumbiaStaying on the ground isn’t always safe. British Columbia reported 4 of 6 serious incidents this quarter were to the assistant on the ground.

• In April of 2015, during manual tree falling a worker received undetermined serious injuries on Vancouver Island/Coastal B.C. The worker’s upper body was struck by a tree felled by his falling partner. 

• In April 2015, a worker received a concussion during manual tree falling on Vancouver Island at the base of a rock bluff inside a cutblock. When the tree fell, another small tree uprooted off the rock bluff outside the cutblock and struck the faller. 

• A tree service worker on the lower mainland of B.C. sustained a fractured leg in April 2015. The worker in climbing gear climbed near the top of a cottonwood and was cutting it into sections from the top after the limbs had been removed. A second worker walked towards the tree as the first worker pushed over the cut-off top section (5 feet long, 11 inches at the base). The section struck and injured the second worker. 

• A tree service worker received multiple fractures in April 2015 on the lower mainland of B.C. Three workers were removing poplar trees (about 130 feet high) from a residential yard. The top portion of one tree (about 70 feet long and 10 inches in diameter at the base) fell 60 feet, striking a worker and pinning him to the ground. 

• In March of 2015, on the lower mainland of B.C., a worker was killed during tree falling activities. The worker assisting the faller was struck by the upper portion of a tree.

• In March of 2015 on the lower mainland of B.C. an arborist was using a work positioning system (flipline and spurs). The worker was about 55 feet above the ground and in the process of removing a section of a tree when he fell to his death.

Vibration exposure summary Vibration can cause health effects from discomfort and interference with ability to perform work, to acute or chronic illness. The two main types are: whole body vibration, which enters the body through a seat, floor or tree; and segmental vibration, which primarily affects one part of the body. The most common type of segmental vibration exposure is hand-arm vibration from the use of vibrating hand tools like chain saws or chipper shredders. The health effects for both types depend on the characteristics of the vibration (including frequency, amplitude, and acceleration), the part of your body that is exposed, the daily exposure time, and the total number of years that you are exposed.

Hand-Arm Vibration Syndrome (HAVS) also called Vibration-Induced White Finger, or Raynaud’s Phenomenon of Occupational Origin. Hand-arm vibration exposure often takes place for 2 to 10 years before health effects become noticeable.

Exposure to whole-body vibration can take place when you are on any equipment, machinery, or in a tree that is vibrating. Hand-arm vibration Mild cases have occasional attacks where circulation to fingers is reduced. There is a feeling of tingling or numbness in one or two of the fingers, and finger tips turn white for a period of 30 to 60 minutes. Pain is usually experienced as circulation increases in your fingers, and colour and sensation return in your finger-tips. Attacks are normally brought on by exposure to cold, damp conditions. With increased exposure to vibration over time, attacks become more severe and occur more often. In severe cases, all fingers will be affected by persistent numbness. It can progress to where amputation is necessary.

Whole-body vibration over a long period can have a negative effect on the whole body including organs, muscles, circulatory system, and soft tissues. Back pain and degenerative spinal disc diseases are the most common. It can also increase temporary hearing loss during noise exposure.

Immediate health effects from whole-body vibration can be fatigue, insomnia, stomach aches, and headaches, motion sickness in sea, air, or land vehicles or a driver can becoming unable to grip and lose control of the vehicle or equipment.• limit your exposure to vibration • use anti-vibration tools as per manufacturers’ specifications/instructions• maintain equipment to minimize vibration• keep warm and dry• use anti-vibration gloves• complete periodic medical checkups• avoid smoking• use a light hand grip that is sufficient to operate the tool safely.Good work practices for minimizing whole-body vibration exposure include:• using equipment, machinery, and vehicles that do not vibrate excessively• providing vehicle operators with air-ride or suspended seats in order to isolate the

operator from vibration• mechanically isolating vibrating machines from the floor• maintaining equipment to minimize unnecessary vibration• avoiding lifting heavy objects or bending immediately following exposure• using simple motions, with minimum rotation or twisting when exiting a vehicle

Crane hazardsTwo company owners for a non-tree company were fined $5,000 each after an employee working at heights and not wearing fall protection fell and sustained serious injuries.

Non-tree service hazard summaries with application for tree workers were released related to a mobile crane fatality and on vibration exposure. Crane Hazard Summary: The crane was set up beside the load, rather than being head on. The crane tipped over and threw the operator between the crane and load, resulting in the death of the operator.The hazards from this type of operation include:• The operator was not wearing a fall arrest system.• The crane with its fixed angle boom extending out from the body of the crane was

designed to lift head on. The crane was used to lift a load that was off to the side, defeating the counterweights and allowing the high centre of gravity to pull the crane sideways and tip it over.

• The crane was missing a front wheel on the side where the load was being applied. If the wheel had been in place the tip-over might have been prevented.

• The crane was being used on uneven ground, which may have resulted in a less stable base than expected; this can contribute to a tip.

• Like many older yard cranes this one had a narrow rear axle, making for a triangular base. The triangular base would have made the crane more vulnerable to a side load than a crane with a rectangular base.

Page 13: Tree Service Canada Magazine Issue #33 Summer 2015

Page 13TREE SERVICE CANADA SUMMER 2015

Pat Lintaman, owner and designer of the to-be-built, Shawnigan Eco-Industrial Park, near Victoria BC, wants to see integration of all aspects of managing the complete cycle of urban forestry. His vision is to use waste wood products from both sawmills and urban forestry for energy in an industrial park that could fulfill many high energy needs like producing seedlings, roasting coffee and providing retail space for wood artisans.

Lintaman says that the region currently barges, at great expense, urban wood waste from their island to a processing facility in the US. He believes his center could be used to reduce the costs of urban forestry if the program could see integration. Ideally, he would like to see the concept start at the urban forestry college programs where

students would be taught to prune with the end of life value of the timber in focus from the first trimming.

“We have gravelly wet, well-drained soil. This is a rain forest. We can produce a valuable resource from trees we are already paying to plant. Extracting this resource will support the cycle. We don’t have to export raw logs.”

Lintaman believes his plan is not as long term or expensive as it appears as its location 20 minutes from Victoria, and in the heart of a rural forestry region, would make it cost effective for the disposal of sawdust, bark, waste wood products, and urban wood demolition materials, immediately. Capturing this waste stream and converting it to heat, hydro and fertilizer could support and reduce costs for

any industry with high energy needs.The program is to run like a co-

operative. No one business would need to build the boiler and other infrastructure needs.

Lintaman said the site is an old quarry that had a railway. The environmental concerns and new bi-law were addressed. “Any business that joins will reduce their costs and carbon footprint. “We need to reinvent how we handle waste. This is a great opportunity.”For more information: www.shawniganecoindustrialpark.com

NEWS

TREE FARMING

Celebrating real Christmas treesBY PAT K E R R

“Fresh, Fragrant, Farm Grown”, and “Nothing says Christmas more than a Real Christmas Tree,” are the new buzz words for Canada’s first Christmas Tree Day said, Shirley Brennan, Executive Director, of the Christmas Tree Farmers of Ontario as they start plans for the celebration.

It was a long battle to achieve political recognition. The group started seeking federal acknowledgement years ago, giving up in 2012 and announcing their own day. They reasoned they could work backward to political recognition. They moved to the provincial level but found the red tape and education of politicians a huge task. Through the process they were mocked in parliament, but they kept working. Then two weeks before the official announcement “out of left field” they received an email that a bill formalizing Real Christmas Tree Day was going to pass.

The biggest hurdle was the lack of acknowledgement that Christmas tree farming is an industry. But Brennan believes it was worth the effort to educate both politicians and the public on the value of Christmas trees.

“We are a viable industry,” said Brennan. “We are agriculture. We are tourism. In the province of Ontario alone, we are a $12 million industry. We do our part with migrant workers. We attract people. We are business.”

Simcoe-Grey MPP Jim Wilson’s statement says, “This is a great day for an important rural industry. There are 674 Christmas tree farms in Ontario that bring tremendous economic and environmental benefit to our province, and I could not be more pleased that they have been recognized here today.”

Ontario is the first province to provide Christmas trees with a day but if Brennan gets her way it won’t be the last. “When we sit at the table, they are more aware of who we are. It is a chance to educate the public on the environmental benefits of real trees. People assume we are a six week program.”

At this point, with the sudden passing of the bill to make the first Saturday in December Christmas Tree Day, the group is scrambling to put together plans for the celebrations, banners and slogans. They are working with Ontario Wood and Landscape Ontario.

The biggest hurtle was the lack of acknowledgement that Christmas tree farming is an industry.

Capturing this waste stream and converting it to heat, hydro and fertilizer could support and reduce costs for any industry with high energy needs.

Promotional material for the proposed Shawnigan Eco-Industrial Park

INNOVATIONS

Proposal seeks to integrate all aspects of urban forestry

Page 14: Tree Service Canada Magazine Issue #33 Summer 2015

Page 14 TREE SERVICE CANADA SUMMER 2015

Great Careers ...Great Jobs.

Immediate Positions for Tree trimmers and Foremen, Utility Line Clearing and Residential/Commercial Arborists

Positions available in most areas across Canada

Davey Representatives & Contacts:

BC & AB Residential Tree Care John Arico [email protected], Vancouver, Victoria, Edmonton & Calgary

AB, BC, SK Utility & Line ClearingMark Turnbull

[email protected]

Ontario Residential Tree Care & Utility Line Clearing Mike Lenarcic, 905-818-3566 [email protected] London, Kitchener, Hamilton, Mississauga, Toronto, Muskoka, Ottawa, Niagara

The Davey Tree Expert Co. of Canada, Ltd.Ancaster, ON and Nanaimo, BC

An Equal opportunity Employer

Visit www.daveytree.ca

EVENTS

AUGUST

Aug 8-12: Orlando, FL, USA

ISA International Conference and Trade Show

www.isa-arbor.com/events/index.aspx

OCTOBER

Oct 25-31: Florida

Stihl Tour des Trees

www.stihltourdetrees.org

NOVEMBER

Nov 12-14: Pittsburgh, PA, USA

Tree Care Industry (TCI) Expo

http://tcia.org/events

NEW PRODUCTS

Fecon introduces StumpexFecon will soon be selling what the company is calling a completely new, cost-effective way to remove stumps. The Stumpex bores into stumps and chews them apart.

Features include:• works on any species• can bore 20” into the ground, removing feeder roots• can be mounted on high-flow skid Steers• easy attach/detach• deals with 10”-32” stumps in 90 seconds• no teeth to replace• blade sharpening approx. every 1,000 stumps

For more information contact Fecon: www.fecon.com

Fecon says the Stumpex can chew up a 10”-32” stump to a depth of 20” in 90 seconds.

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Page 15: Tree Service Canada Magazine Issue #33 Summer 2015

Page 15TREE SERVICE CANADA SUMMER 2015

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Page 16: Tree Service Canada Magazine Issue #33 Summer 2015

Page 16 TREE SERVICE CANADA SUMMER 2015

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