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More stringent WorkSafeBC investigation techniques being introduced

Lakeland Mills Ltd.’s management group decided in October 2014 to officially launch an appeal of WorkSafeBC’s decision to impose a fine in excess of $724,000 following an explosion and fire at its sawmill.

The blast killed two workers, Alan Little, 43, and Glen Roche, 46, in the April 2012 incident, and 22 others were injured, some of whom are still on disability. Three months earlier, a similarly devastating explosion and fire killed Carl Charlie, 42, and Robert Luggi, 45, and injured 20 others at Hampton Affiliates’ Babine Forest Products Mill near Burns Lake, B.C.

Hampton Affiliates is appealing an approximately $1 million penalty levied by WorkSafeBC.

“After assessing all evidence gathered by WorkSafeBC about the Lakeland incident, on April 14, 2014 Crown Counsel decided not to prosecute the company for regulatory infractions under the Workers’ Compensation Act,” explained Lakeland in a statement. “In May 2014, despite the Crown decision, WorkSafeBC nevertheless chose to issue sanctions (an administrative penalty and claims cost levy) against Lakeland Mills, based on the very same facts that the Crown had declined to pursue,” continued Lakeland.

WorkSafeBC’s investigative practices and procedures and their admissibility in the courts were called into question in the wake of the sawmill explosions. Shirley Bond, B.C.’s Labour Minister, called for changes within WorkSafeBC and appointed Gord Macatee, a former BC Ferries Commissioner, as Worksafe’s administrator. In a December 2014 report, Macatee said more stringent investigation techniques into workplace incidents are being introduced. “To me, that’s the bottom line point of this, that if a prosecution is needed, WorkSafeBC has the tools to do it and be successful,” explained Macatee at a news conference. WorkSafeBC plans to achieve that through a dual investigative system with the ability to examine workplace incidents on separate cause and prosecution levels, with the prosecution team called in when required.

The provincial government has ignored opposition and public calls for a public inquiry into the explosions, but a coroner’s inquest into both incidents is scheduled for March 2015 in Prince George. A coroner’s inquest can make recommendations but not assign blame.

Meanwhile, Macatee reported some positive news. In an approximately six-week time span ending November 25, 2014, 118 mills were monitored for sawdust accumulation by WorkSafeBC. Two mills received orders to manage sawdust accumulation/dispersal properly and one stop work order was issued. “This is a dramatic improvement from where things stood six months ago,” declared Macatee.