Summary of Court Convictions - WorkSafeBC - 1996-2011 Cases Completed 1996 To 2011

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RFP FILE # F Inj D.O.I. INFORMAT
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EMPLOYER CHARGED COUNTS FOR EMPLOYERS FROM INFORMATION OUTCOME / FINE
(EMPLOYERS)
200500487 1 0 Sept 28
1995
March 21
1996
24462
Penticton
Okanagan's Reliable
Irrigation & Landscaping
Ltd
Count 1: The Okanagan's Reliable Irrigation & Landscaping Ltd., being
an employer did fail, to adequately direct and instruct a worker,
namely, Milton Luke Haines, in the safe performance of his duties, by
instructing the ,worker to dig a tunnel underneath a paved surface
under which electrical utilities were located, contrary Industrial
Health &Safety (IH&S) Regulation 8.18, and S 75(2) and S 77(1) of the
Workers' Compensation Act (WCA)
Stayed
Okanagan's Reliable
Ltd
Count 2 The Okanagan's Reliable Irrigation & Landscaping Ltd., did,
in an area likely to have underground utility services, fail to
accurately determine the location of underground utility services
prior, to commencing excavation work with power tools or equipment,
contrary to IH&S Regulation 38.04(1)(a) , and S 75(2)and S 77(1) of
the WCA
$15,000.00
None Count 3: None None
Prosecutions Cases Completed 1996 - 2011
Since the Fall of 1996, thirty-one prosecutions have proceeded against employers. Twenty-four cases resulted in convictions, 7 in acquittals or a Stayed of
charges. The penalties assessed have ranged from a minimum of $1,500.00 to a maximum of $200,000.00 in fines. One individual was sentenced to serve 2
forty-five day jail terms.
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(EMPLOYERS)
Okanagan's Reliable
Ltd
Count 5: The Okanagan's Reliable Irrigation & Landscaping Ltd.,
caused a work process to be carried out or tools or equipment to be
operated or both, when they had reasonable cause to believe that to
do so would create an immediate hazard to the health or safety of a
person, namely, Milton Luke Haines, contrary IH&S Regulation 8.24
and S 75 (2) and S 77(1) of the WCA
Stayed
17 0 0 July 15
1996
January
14 1997
15464
Vancouver
Prov Court
SGM Holdings Ltd Count 1: SGM Holding Ltd, being an employer did fail to ensure the
adequate direction and instruction of workers in the safe
performance of their duties, to wit: the removal !of asbestos at 760
Kingsway Avenue, Vancouver, British Columbia, contrary to IH&S
Regulation 8.18 and S 75(2) and S 77(1) of the WCA
Stayed
SGM Holdings Ltd Count 2: SGM Holding Ltd, being an employer having received a report
of what appeared to be an unsafe or harmful condition to wit: the
presence of asbestos at 760 Kingsway Avenue, Vancouver BC did fail
to investigate the reported unsafe condition and ensure that any
necessary corrective action be taken without delay, contrary to IH&S
Regulation 8.10 and S 75(2) and S 77(1) of the WCA
Stayed
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(EMPLOYERS)
SGM Holdings Ltd Count 3: SGM Holding Ltd, being an employer did cause to be carried
out a work process, to wit: the removal of asbestos-laden material
from a site at 760 Kingsway Avenue, Vancouver, BC, when that person
had reasonable cause to believe that to do so would create an undue
hazard to the health, or safety of any persons, contrary to IH&S
Regulation 8.24(1) of and S 75(2) and S 77 (1) of the WCA
$5,000.00
19 1 0 June 13
1996
December
12 1996
21235 Port
Alberni
Vantastic Holdings Ltd. Count 1:Vantastic Holdings being an employer did fail to adequately
direct and instruct a worker namely, MAURICE RICARD in the safe
performance of his duties by directing that worker to supervise
maintain and operate a vehicle. to wit: an air-brake equipped 1966
five-ton Dodge Fargo truck contrary to IH&S Regulation 8.18 and S
75(2) and S 77(1) of the WCA
$7,500.00
Vantastic Holdings Ltd. Count 2: Vantastic Holdings Ltd being an employer did fail to maintain
machinery and equipment to wit: an air brake equipped five-ton 1966
Dodge Fargo truck in such condition that workers would not be
endangered contrary to IH&S Regulation 8.04 and S 75(2) and S 77(1)
of the WCA
Stayed
Vantastic Holdings Ltd. Count 3: Vantastic Holdings being an employer did fail to ensure that
regular inspections were made of the place of employment including
equipment machinery and work methods and practises contrary to
IH&S Regulation 8.08 and S75(2) and S 77(1) of the WCA
7,500.00
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Vantastic Holdings Ltd. Count 4: Vantastic Holdings being an employer did authorize the
operation of machinery and equipment, to wit: an air-brake equipped
five-ton 1966 Dodge Fargo truck by MAURICE RICARD a person not
adequately instructed and trained and who has not demonstrated an
ability to operate safely the machinery and equipment contrary to
IH&S Regulation 8.22 and S 75(2) and S 77(1) of the WCA
Stayed
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(EMPLOYERS)
200600301 1 0 October
8 1996
April =
1997
43062-1
Kelowna
West Kootenay Power
Ltd
Count 1:West Kootenay Power Ltd, being an employer did fail to
adequately direct and instruct workers, namely, LINDSAY LANG and
DAVID MCBLAIN, in the safe performance of their duties as
transmission line workers, contrary to Section 8.18 and Sections
75(2) and 77(1) of the WCA
Unknown
West Kootenay Power
Ltd
Count 2: :West Kootenay Power Ltd, being an employer did fail to
ensure the proper instruction of workers under their direction and
control, namely LINDSAY LANG and DAVID MCBUIN; in their duties as
transmission line workers on Line 46, and did thereby fail to ensure
that their work was performed without undue risk, contrary to Section
8.20 and sections 75(2) and 77(1) of the WCA
Unknown
West Kootenay Power
Ltd
Count 3::West Kootenay Power Ltd, being an employer did cause to be
carried out a work process, to wit: transmission line work without
proper grounding, when they had reasonable cause to believe that to
do so would create an undue hazard to the health or safety of any
person, contrary to Section 8.24(1)and Sections 75(2) and 77(1) of the
WCA
Unknown
West Kootenay Power
Ltd
Count 4: :West Kootenay Power Ltd, being an employer did cause to
be operated equipment, to wit: an electric generator and hydraulic
sixty-ton press, when they had reasonable cause to believe that to do
so would create an undue hazard to the health or safety of any
person, contrary to Section 8.24(1) and Sections 75(21 and 77(1) of
the WCA
Unknown
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200500446 1 0 Januar
y 14
1997
Jul-97 6840 Grand
Forks
Hardluck Logging Ltd Count 1: Hardluck Logging being an employer did fail to maintain
machinery and equipment to wit: Caterpillar 518 Line Skidder, in such
condition that workers would not be endangered, contrary to IH&S
Regulation 8.04 and Section 75(2) and 77(1) of the WCA
Stayed
Hardluck Logging Ltd Count 2: Hardluck Logging being an employer did fail to ensure that
regular inspections were made of the place of employment , including
equipment, machinery and work methods and practises, contrary to
IH&S 8.08(1) and Section 75(2) and 77(1) of the WCA
Stayed
Hardluck Logging Ltd Count 3: Hardluck Logging being an employer did fail to ensure the
adequate direction and instruction of a worker, namely ROBERT
CONNELLY, in the safe performance of his duties as a skidderman,
contrary to IH&S Regulation B.18 and Section 75(2) and 77(1) of the
WCA
Stayed
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200500481 1 0 October
31 1996
April 31
1997
21344-01-T
Port
Coquitlam
Firestorm Production Ltd
Partnership
Count 1: FIRESTORM PRODUCTIONS LIMITED PARTNERSHIP, being an
employer did fail to ensure the adequate direction and instruction of
a worker, namely, Keith Perepelkin, in the safe performance of his
duties in conducting a parachute stunt jump sequence, contrary to
IH&S Regulation 8.18. of and section 75(2)of the WCA
$30,000.00
Partnership
employer, did fail to ensure the proper instruction of a worker under
their direction and control, namely Keith Perepelkin, in his duties as a
stunt performer, and did thereby fail to
ensure that his work was performed without undue risk, contrary to
IH&S 8.20 and Section 75 (2) of the WCA
Stayed
Partnership
employer did cause to be carried out a work process, to wit: a
parachute stunt jump sequence, when they had reasonable cause to
believe that to do so would create and undue hazard to the health or
safety of any person, contrary to Section 8.24(1) and section 75(2) of
the WCA
$30,000.00
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(EMPLOYERS)
200500380 1 0 Feb 23
1997
Unknown -
see
Reasons
for
Judgment)
23589
Campbell
River
Elk Falls Forest
Industries Ltd
Count 1: Elk Falls Forest Industries Ltd. Being an employer, did fail to
ensure the adequate direction and instruction of a worker, namely
James Nelson in the safe performance of his duties as an equipment
utility man, contrary IH&S Regulation 8.18
Acquitted
Elk Falls Forest
Industries Ltd
Count 2: Elk Falls Industries Ltd., being an employer did fail to
maintain machinery and equipment to wit: #404 Hog Fuel Conveyor
Belt System, in such condition that workers would not be endangered,
contrary to the IH&S Regulation 8.04
Acquitted
Elk Falls Forest
Industries Ltd
Count 3: Elk Falls Industries Ltd., being an employer in that it charges
the employer who has a duty to give an employee direction and
instruction with failing to ensure that the employee performed his
work without undue risk.
Acquitted
Elk Falls Forest
Industries Ltd
Count 4: Elk Falls Industries Ltd., being employer did cause to be
operated equipment, to wit: an inadequately guarded #404 Hog Fuel
Conveyor Belt System, when they had reasonable cause to believe
that to do so would create an undue hazard to the health or safety of
any person, contrary to IH&S Regulation 8.24(1)
Acquitted
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200600054 0 1 Dec 23
1996
June
=1997
Unknown Elma K Enterprises Count 1: None None
Elma K Enterprises Count 2: None None
Elma K Enterprises Count 3: None None
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200600284 0 0 Aug 28
1996
51247-01
Port
Coquitlam
All -SPAN ENGINEERING
AND CONSTRUCTION
LTD
Count 1: All-Span Engineering and Construction Ltd. did fail to provide
erection drawings and supplementary information for falsework and
formwork, that indicate the sequence, method and rate of concrete
placement in order to prevent overloading of any part of the
formwork, contrary to IH&S Regulation 34.28(5)(f) and Sections 75(2)
and 77(1) of the WCA
Stayed
AND CONSTRUCTION
LTD
Count 2: All-Span Engineering and Construction Ltd. did fail to
provide erection drawings and supplementary information for
falsework and formwork, indicating sufficient information regarding
loads, moments and deflections so as to permit the design of the
formwork and falsework to be verified by a registered professional
engineer, contrary to IH&S Regulation 34.28(5)(j), Sections 75(2) and
77(1) of the WCA
$3,000.00
AND CONSTRUCTION
LTD
Count 3: All-Span Engineering and Construction Ltd. did fail to obtain
the signature and seal of a registered professional engineer for
erection drawings and supplementary information, contrary to IH&S
Regulation 34.28(6)(a) and Sections 75(2) and 77(1) of the WCA
Stayed
AND CONSTRUCTION
LTD
Count 4: All-Span Engineering and Construction Ltd. did fail. to
provide erection drawings and supplementary information that were
structurally complete, contrary to IH&S Regulation 34.28(6)(b), and
Sections 75(2) and 77(1) of the WCA
Stayed
AND CONSTRUCTION
LTD
Count 5: All-Span Engineering and Construction Ltd. did fail to obtain
the signature,
seal and written certificate of a registered professional engineer, for
formwork and falsework prior to a concrete pour, contrary to IH&S
Regulation 34.28(17), and Sections 75(2) and 77(1) of the WCA
$3,000.00
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14 0 1 Nov 12
1996
Unknown 25857-01
Maple Ridge
Imperial Electric Limited,
being an employer,
Count 1: Imperial Electric Limited, being an employer, did fail to
adequately direct and instruct workers, namely Maurice Dutour and
John Grumm, in the safe performance of their duties as electricians,
contrary to section 8.18 and sections 75 (2) and 77 (1) of the WCA
Acquitted
being an employer,
Count 2: Imperial Electric Limited, being an employer did fail to
ensure the proper instruction of workers under their direction and
control, namely Maurice Dutour and John Grumm, in their duties as
electricians, and did thereby fail to ensure that their work was
performed without undue risk, contrary section 8.20 of and sections
75 (2) and 77 (1) of the WCA
Acquitted
being an employer,
Count 3: Imperial Electric Limited, being an employer, did cause to be
carried out a work process, to wit, street lamp standard erection,
when they had reasonable cause to believe that to do so would create
an undue hazard to the health or safety of any person, contrary
section 8.24(1) and sections 75 (2) and 77 (1) of the WCA
Acquitted
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200500488 2 0 Oct 21
1997
April 8
1998
20589-C
Duncan
Fletcher Challenge
Canada Limited
Count 1: Fletcher Challenge Canada Limited being an employer did fail
to ensure the adequate direction of instruction of workers, namely
Murray Robert Brown and Clifton George Roberts in the safe
performance of their duties as mill maintenance workers contrary to
IH&S Regulation 8.18 and sections 75(2) and 77(1) of the WCA
Acquitted
Fletcher Challenge
Canada Limited
Count 2: Fletcher Challenge Canada Limited being an employer being
responsible for the proper instruction of workers under their direction
and control, namely Murray Robert Brown and Clifton George Roberts,
in their duties as mill maintenance workers, did fail to ensure that
their work in inspecting a deaerator vessel was performed without
undue risk, contrary to IH&S Regulation 8.20 and sections 75(2) and
77(1) of the WCA.
Acquitted
Fletcher Challenge
Canada Limited
Count 3: Fletcher Challenge Canada Limited being an employer did
fail to maintain machinery and equipment, to wit a number 5 power
boiler nitrogen purge/padding system, including a deaerator vessel
and associated piping, in such condition that workers would be
endangered, contrary to IH&S Regulation 8.04 , and sections
Acquitted
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(EMPLOYERS)
Fletcher Challenge
Canada Limited
fail to ensure the regular inspection equipment and machinery, to wit
a number 5 power boiler nitrogen purge/padding system, including a
deaerator vessel and associated piping, at intervals that prevented
the development of unsafe working. conditions,
contrary to IH&S Regulation 8.08 and sections 75(2) and 77(1) of the
WCA
Acquitted
Fletcher Challenge
Canada Limited
Count 5: Fletcher Challenge Canada Limited being an employer did fail
to ensure that piping containing a hazardous substance under
pressure, namely nitrogen gas, was disconnected, blanked or blinded
off, to prevent such hazardous substance from entering a confined
space, to wit a deaerator vessel before workers Murray Robert Brown
and Clifton George entered that confined space, contrary to IH&S
Regulation 13.19 (1) (a) and sections 75 (2) and 77 (1) of the WCA
Acquitted
Fletcher Challenge
Canada Limited
fail to develop and implement work procedures that ensured the
equivalent protection of disconnection, blanking or blinding off of
piping containing a hazardous substance, namely nitrogen gas, when
workers Murray Robert Brown and Clifton George Roberts were
exposed to' the hazardous substance upon entering a confined space,
to wit a deaerator vessel, contrary to IH&S Regulation 13.19 (1) (b) of
and sections 75(2) and 77(1) of the WCA
Acquitted
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(EMPLOYERS)
Fletcher Challenge
Canada Limited
allow maintenance work to be carried out on a power boiler feed
water system, including a deaerator and associated piping, having
failed to control a hazardous condition within that system, namely the
presence of a harmful substance, to wit: concentrated nitrogen gas,
and did thereby expose workers Murray Robert Brown and Clifton
George Roberts to that harmful substance, contrary to IH&S
Regulation 16.100. (1) (b) and sections 75(2) and 77(1) of the WCA
Acquitted
200500492 1 0 July 21
1997
1997 22097 Port
Alberni
MB Paper Limited Count 1: MB PAPER LIMITED, being an employer did fail to ensure the
adequate direction and instruction of a worker, namely CHRIS
GLOVER, in the safe performance of his duties as a repulper operator,
contrary to IH&S Regulation 8 18 and section 75(2) and 77(1) of the
WCA
Stayed
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MB Paper Limited Count 2: MB PAPER LIMITED, being an employer did authorize a
worker, namely CHRIS GLOVER, to operate equipment, to wit a
deinked pulp line conveyor, when that worker had not been
adequately instructed and trained, and who had not demonstrated an
ability to operate safely the equipment, contrary to IH&S Regulation
8.22. , and section 75(2) and 77 (1) of the WCA
$30,000.00
MB Paper Limited Count 3: MB PAPER LIMITED, being an employer did fail to provide
written lock-out procedures to a worker, namely CHRIS GLOVER, a
worker required to work on equipment, to wit a de-inked pulp line
conveyor, in circumstances requiring the application of lock-out
procedures, contrary to IH&S Regulation 16.102, (1) (a) and sections
Stayed
200500339 0 0 Nov 1
1996
April 30
1997
25762
Penticton
Star-Line Enterprises Ltd Count 1: Star-Line Enterprises Ltd. being an employer did fail to
falsework and formwork, that indicate the sequence, method and rate
of concrete placement in order to prevent overloading of any part of
the formwork, contrary to IH&S Regulation 34.28(5)(f) and Sections
$10,000.00
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Star-Line Enterprises Ltd Count 2: Star-Line Enterprises Ltd. Being and employer did fail to
falsework and formwork, indicating sufficient information regarding
loads moments and deflections so as to permit the design of the
formwork and falsework to be verified by a registered professional
engineer, contrary to IH&S egulation 34.28(5)(j) and Sections 75(2)
Stayed
Star-Line Enterprises Ltd Count 3: Star-Line Enterprises Ltd being an employer did fail to obtain
the signature and seal of a registered professional engineer for
erection drawings and supplementary information contrary to IH&S
Regulation 34.28(6)(a) and Sections 75(2) 77(1) of the WCA
Stayed
Star-Line Enterprises Ltd Count 4: Star-Line Enterprises Ltd. being an employer did fail to
provide erection drawings and supplementary information that were
structurally complete, contrary to IH&S Regulation 34.28(6)(b) and
Stayed
Star-Line Enterprises Ltd Count 5: Star-Line Enterprises Ltd being and employer did fail to
obtain the signature, seal and written certificate of a registered
professional engineer, for formwork and falsework prior to a concrete
pour, contrary to IH&S Regulation 34.28(17) and Sections 75(2) and
77(1) of the WCA
Stayed
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200500379 1 0 Jan 7
1997
July 4
1997
41631-01
Abbotsford
Donald J Wade dba
(doing business as) D &
S Ironworks
Count 1: Donald J Wade dba (doing business as) D & S Ironworks
being an employer did fail to adequately direct and instruct workers,
namely GREG KALINSKY and ALLEN FOISY, in the safe performance
of their duties as welders, while using a Hyster Model 100 Forklift,
contrary to IH&S Regulation 8.18 and Section 75(2)) of the WCA
$6.000.00
Donald J Wade dba
(doing business as) D &
S Ironworks
Count 2: Donald J Wade dba (doing business as) D & S Ironworks
being an employer did fail to ensure the proper instruction of workers
under his direction and control, namely GREG KALINSKY and ALLEN
FOISY, in their duties as welders, and did thereby fail to ensure that
their work was performed without undue risk, contrary to
IH&S Regulation 8,20 , and-Section 75(2) the WCA
Stayed
200500382 0 1 Aug 24
1997
Feb 17
1998
57474 Port
Coquitlam
McElhanney Land
Surveys Ltd
Count 1: McElhanney Land Surveys Ltd being an employer did fail to
ensure the adequate direction of workers, namely Troy Johnson,
Arthur Cholmondeley, and Eric Verge, in the safe performance of their
duties as survey crew tree fallers and buckers contrary to IH&S 8.18
and sections 7S(2) and 77 (l) of the WCA
$30,000.00
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McElhanney Land
Surveys Ltd
Count 2: McElhanney Land Surveys Ltd being an employer being
responsible for the proper instruction of workers under their direction
and control, namely Troy Johnson, Arthur Cholmondeley and Eric
Verge, in their duties as survey crew tree fallers ,and buckers, did fail
to ensure that their work was performed without undue risk, contrary
to IH&S 8.20 and sections 75(2) and 77(l} of the WCA
Stayed
McElhanney Land
Surveys Ltd
Count 3: McElhanney Land Surveys Ltd being an employer did
authorize the operation of machinery and equipment, to wit tree
falling equipment including chainsaws and wedging tools, by persons
not adequately instructed and trained, namely Troy Johnson, Arthur
Cholmondeley and Eric Verge, and who had not
demonstrated an ability to operate safely the machinery or
equipment,
WCA
$30,00.00
200600055 1 0 Oct 29
1997
April 28
1998
11229
Squamish
Three Star and Siding,
Roofing and Construction
Co Ltd
Count 1: Three Star and Siding, Roofing and Construction Co Ltd being
and employer did fail to ensure the adequate direction and instruction
of a worker, namely Gurdev Akali in the safe performance of his
duties as a roofer, by failing to ensure the use of a fall protection
system by that worker, contrary to IH&S Regulation 8.18 and
sections 75 (2) and 77 (1) of the WCA
Stayed
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(EMPLOYERS)
Co Ltd
Count 2: Three Star and Siding, Roofing and Construction Co Ltd
being and employer responsible for the proper instruction of a worker
under their direction and control, namely Gurdev Akali, did fail to
ensure that his work as a roofer was performed
without undue risk, by failing to ensure the use of a fall protection
system
by that worker, contrary to IH&S Regulation 8.20 and sections 75(2}
and 77(1} of the WCA
Stayed
Co Ltd
Count 3: Three Star and Siding, Roofing and Construction Co Ltd being
and employer did fail to ensure that all safeguards, including personal
protective equipment necessary for the protection of workers, to wit:
a fall protection system as defined by Regulation B.100 Were
available and were used by a worker, namely Gurdev Akali in his
duties a~ a roofer, contrary to IH&S Regulation 8.14 (3)and sections
$7,000.00
200500362 0 1 May 19
1998
1998 47101 - 1-T
Kelowna
TPS Enterprises Count 1: TPS Enterprises being an employer did fail to ensure the
adequate direction and instruction of a worker, namely-Jamie McCall,
in the safe performance of his
duties as a gas station attendant while operating a propane
dispensing pump with a defective Z.V.G dispensing nozzle, contrary to
Section 3.22 d Sections 75(2) and 77(1) of the WCA
Stayed
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TPS Enterprises Count 2:TPS Enterprises being an employer did cause to be operated
equipment, to wit a Propane dispensing pump equipped with a faulty
Z.V.G dispensing nozzle, when they had reasonable cause to believe
that to do so would create an undue hazard to the health and safety of
any person, contrary to Section 3.24(1) of and Sections 75(2) and
77(1) of the WCA
Stayed
TPS Enterprises Count 3: TPS Enterprises being an employer did fail to ensure that a
piece of equipment, to wit a propane dispensing pump equipped with
a Z.V.G. dispensing nozzle, was capable of safely performing the
functions for which it is used, namely
the dispensing of propane, contrary to Section 4.3(1) (a) and Sections
Stayed
200600059 0 1 Aug 27
1997
Feb 7
1998
95762-01
Surrey
WESTFAIR FOODS LTD., Count 1: WESTFAIR FOODS LTD., being an employer, DBA (doing
business as) the Real Canadian Superstore number 1561 did fail to
comply with an order of the Workers' Compensation Board dated
March 1, 1995, to wit to conduct a risk assessment as required. by
IH&S Regulation 8.90 (1) as issued under section,71(2) of the WCA
contrary to sections 7S(2} and 77(1} of the WCA
Stayed
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WESTFAIR FOODS LTD., Count 2:WESTFAIR FOODS LTD., being an employer, DBA the Real
Canadian Superstore number 1561 did fail to comply with an order of
the Workers' Compensation Board dated March 1, 1995, to wit to
establish procedures, policies and work environment arrangements
to eliminate or minimize the risk to workers identified through a risk
assessment conducted pursuant to IH&S Regulation 8.90 (1) as
required by IH&S Regulation 8.92 and as issued under section 71 (2)
of the WCA contrary to sections 75(2) and 77(1) of the WCA
Stayed
WESTFAIR FOODS LTD., Count 3: WESTFAIR FOODS LTD., being an employer, DBA the Real
the Workers Compensation Board dated September 12, 1996, to wit to
ensure a risk assessment be performed as required by IH&S
Regulation 8.90(1) as issued under section 71(2) of the WCA, contrary
to sections 75(2) and 77(1) of the WCA
Stayed
the Workers Compensation Board dated September 12, 1996, to wit to
establish procedures, policies and work environment arrangements to
eliminate or minimize the risk to workers identified through a risk
assessment conducted pursuant to IH&S 8.90(1) as required by IH&S
Regulation 8.92 and as issued under section 71(2) of the WCA,
contrary to sections 75(2) and 77(1) of the WCA
Stayed
Canadian Superstore number 1561 did fail to conduct a risk
assessment where a risk of injury to workers from violence arising
out of their employment may be present, contrary to IH&S Regulation
8.90(1) and sections 75 (2) and 77 (1) of the WCA
Stayed
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#
(EMPLOYERS)
Canadian Superstore number 1561 did fail to ensure that all
safeguards, safety appliances and devices, including personal
protective, equipment necessary for the protection of workers, to wit
an activated magnetic pass card, was available for use by a' worker,
namely Ardel Taylor, in her duties as an overnight shelf-restocker,
contrary to IH&S Regulation 8.14 (3) , and sections 75(2) and 77(l) of
the WCA
Stayed
Canadian Superstore number 1561 did fail to ensure the adequate
direction and instruction of a worker, namely Ardel Taylor, in the safe
performance of her duties as an overnight shelf-restocker, contrary to
IH&S Regulation 8.18 and sections 75(2) and 77(1) of the WCA
Stayed
200500453 1 0 May 1
1998
Oct 26
1998
9540 Merritt H.M. C. Services Inc. Count 1: H.M. C. Services Inc., being an employer, did fail to ensure
the adequate direction of a worker, namely Ken Lane, in the safe
performance of his duties as a highway maintenance worker while
operating a truck mounted road sweeper vehicle, contrary to section
3.22 and section 75(2) of the WCA
Stayed
H.M. C. Services Inc. Count 2: H.M. C. Services Inc., being an employer, did authorize a
person namely Ken Lane, to operate a machine or piece of equipment,
to wit a truck mounted road sweeper vehicle unit S233, without that
person having been adequately instructed and trained and having
demonstrated an ability to safely operate it, contrary to section
4.10(2) of British C61umbia Regulation 296/97.
Stayed
+,
"#$% +, '( )*
ION
SWORN
DATE
COURT FILE
#
(EMPLOYERS)
H.M. C. Services Inc. Count 3: H.M. C. Services Inc., being an employer did fail to ensure
that regular inspections were made of the workplace, including
equipment, work methods and practices at intervals that would
prevent the development of unsafe working conditions, when worker
Ken Lane was operating a truck mounted road sweeper vehicle unit
S233 without traffic control devices contrary to section 3.15 of the
BC Regulation 296/97
Stayed
H.M. C. Services Inc. Count 4: H.M. C. Services Inc., being an employer did fail to ensure
that effective traffic control was provided and used when the
uncontrolled movement of vehicle traffic could be hazardous to a
worker, namely Ken Lane, in his duties as highway maintenance
worker operating a truck mounted road sweeper vehicle unit number
S233, contrary to section 18.2 of BC Regulation 296/97
$50,000.00
H.M. C. Services Inc. Count 5: H.M. C. Services Inc., being an employer, did fail to ensure
that use of a traffic control person when a worker, namely Ken Lane,
operated equipment, to wit a truck mounted road sweeper vehicle
unit number S233 which was blocking part of the traveled road way,
contrary to section 18.5(1)(9) of BC Regulation 296/97
Stayed
200500386 0 1 April 9
1998
Oct 1
1998
45396-01
Abbotsford
FOREWEST
CONSTRUCTION INC.dba
FOREWEST (1996)
Count 1: Forewest Construction Inc. dba as Forewest (1996), being an
employer did fail to ensure that all safeguards, including personal
a fall protection system as defined by Regulation 8.100 , were
available and were used by workers Gary Heinrichs and Ken
Loughridge while operating a pump-jack scaffold, contrary to IH&S
Regulation 8.14(3) and sections 75(2) and 77(1) of the WCA
$5,000.00
+-
"#$% +- '( )*
ION
SWORN
DATE
COURT FILE
#
(EMPLOYERS)
FOREWEST (1996) Count 2: Forewest (1996), being a Principle Contractor of a
construction project involving the services of a subcontractor of their
workers did fail to ensure that all IH&S Regulations were complied
with in respect to that construction project, in that they failed to
ensure that all safeguards, including personal protective equipment
necessary for the protection of workers, to wit: a fall protection
system as defined by Regulation 8.100 were available and were used
by workers Gary Heinrichs and Ken Loughridge while operating a
Stayed
L.D. LARRY INDUSTRIES
INC dba LARRY
INDUSTRIES INC.
Count 3: L.D. Larry Industries Inc dba Larry Industries Inc being an
employer did fail to ensure that all safeguards, including personal
a fall protection system as defined by Regulation 8.100 were available
and were used by workers Gary Heinrichs and Ken Loughridge while
operating a pump-jack scaffold, contrary to IH&S Regulation 8.14(3)
and sections 75(2) and 77(1) of the WCA
$20,000.00
FOREWEST
CONSTRUCTION INC.dba
FOREWEST (1996)
Count 4: Forewest Construction Inc dba as Forewest (1996) being an
employer did fail to ensure that a fall protection system! as defined by
Regulation 11.1 (b) was used when work was being done by worker
Derek Egan at a place from which a fall of three metres (10 Feet) or
more may occur, contrary to OH&S (OSH) Regulation 11.2(1} and
amendments thereto, and Sections 75(2) and 77(1) of the WCA
Stayed
L.D. LARRY INDUSTRIES
INC dba LARRY
INDUSTRIES INC.
Count 5: L.D. Larry Industries Inc dba as Larry Industries Inc being an
employer did fail to ensure that a fall protection system as defined by
Regulation 11.1(b) was used when work was being done by worker
Derek Egan at a place from which a fall of three metres (10 Feet) or
more may occur, contrary to OSH Regulation 11.2(1) , and sections
75(2) and 77 (1) of the WCA
Stayed
+.
"#$% +. '( )*
ION
SWORN
DATE
COURT FILE
#
(EMPLOYERS)
200500452 1 0 Sept 20
1997
March 18
1998
61165T
Kamloops
WEYERHAEUSER
CANADA LIMITED, being
an employer and ASPEN
PLANERS LTD.,
being an employer,
Count 1: WEYERHAEUSER CANADA LIMITED, being an employer and
ASPEN PLANERS LTD., being an employer, did fail to ensure the
proper instruction of workers under their direction and control,
namely Jeff Sproson and Albert Russell, in their duties as
welder/riggers operating a hydraulic boom crane in proximity to
energized high voltage electrical conductors, and did thereby fail to
ensure that their work was performed without undue risk, contrary to
Section 8.20 and Sections 75 (2) and
77(t) of the WCA
Acquitted
WEYERHAEUSER
PLANERS LTD., being an
employer
ASPEN PLANERS LTD. being an employer did fail to adequately direct
and instruct workers, namely Jeff Sproson and Albert Russell, in the
safe performance of their duties as welder/riggers operating a
hydraulic boom crane in proximity to energized high voltage electrical
conductors, contrary to Section 8.18 and Sections 75(2) and 77(1)
of the WCA
Acquitted
WEYERHAEUSER
PLANERS LTD.,
being an employer,
ASPEN PLANERS LTD., did cause to be operated equipment, to wit: a
hydraulic boom crane in proximity to energized high voltage electrical
conductors, when they had reasonable cause to believe that to do so
would create an undue hazard to the health or safety of any person,
contrary to Section 8.24(1) and Sections 75(2) and 77(1) of the WCA
Acquitted
+*
"#$% +* '( )*
ION
SWORN
DATE
COURT FILE
#
(EMPLOYERS)
WEYERHAEUSER
PLANERS LTD.,
being an employer,
ASPEN PLANERS LTD., being an employer, being responsible for
ascertaining the voltage and minimum clearance distance required
for overhead electric conductors, and for maintaining the minimum
clearance distance required where overhead electric conductors are
encountered in proximity to a work area, pursuant to Section 24.02
(1)(c) , did thereby fail to ensure that the requirements of Section
24.02(1) were complied with, when workers Jeffrey Sproson and
Albert Russell were employed in their duties as welders / riggers
operating a hydraulic boom crane in proximity to overhead energized
electric conductors, contrary to Sections 24.02(1)(c)(iii) and Sections
Acquitted
200500475 0 0 Feb 27
1997
######## 34678T N
Van
PATTAR CEDAR
PRODUCTS LTD., being
an employer
Count 1: PATTAR CEDAR PRODUCTS LTD., being an employer did fail
to ensure the adequate direction and instruction of workers in the
safe performance of their duties, by failing to ensure the use of a fall
protection system by those workers, contrary to IH&S 8.18. of and
Stayed
PATTAR CEDAR
an employer
Count 2: PATTAR CEDAR PRODUCTS LTD., being an employer being
responsible for the proper, instruction of workers under their direction
and control, did fail to ensure that their work was performed without
undue risk, by failing to ensure the use of a fall protection system by
those workers, contrary to IH&S 8.20 and Sections 75(2) and 77(1) of
theWCA
$15,000.00
+/
"#$% +/ '( )*
ION
SWORN
DATE
COURT FILE
#
(EMPLOYERS)
PATTAR CEDAR
an employer
Count 3: PATTAR CEDAR PRODUCTS LTD., being an employer did fail
to ensure that all safeguards, including personal protective
equipment necessary for the protection of workers, to wit: a fall
protection system as defined by Regulation 8.100 , were available and
were used by workers, contrary to Regulation 8.14(3) and sections
Stayed
200500470 1 0 Feb 15
1999
August 17
1999
58399-1
Port
Coquitlam
and 75625-
2CT Port
Coquitlam
Clearbrook Roofing Ltd.,
being an employer
Count 1: Clearbrook Roofing Ltd., being an employer did fail to ensure
that a fall protection system as defined by OH&S Regulation 11.1 was
used when work was being done by workers at that place, and from
which a fall of three metres (10 feet) or more may occur, contrary to
OH&S Regulation 11.2(1) and Sections 75(2) and 77(1) of the WCA
Stayed
being an employer
Count 2: Clearbrook Roofing Ltd., being an employer did fail to ensure
that workers were instructed in the fall protection system for that
area, and the procedures to be followed before allowing workers into
that area were a risk to falling existed contrary to OH&S Regulation
11.4 and 11.2(1) and Sections 75(2) and 77(1) of the WCA
Stayed
+)
"#$% +) '( )*
ION
SWORN
DATE
COURT FILE
#
(EMPLOYERS)
being an employer
Count 3: Clearbrook Roofing Ltd., being an employer being responsible
for the proper instruction of workers under their direction and control,
did fail to ensure that work was performed without undue risk, by
failing to ensure that workers used a fall protection system as
required by OH&S Regulation 11.2(1), contrary to OH&S Regulation
3.23 and Sections 75(2) and 77(1) of the WCA
$15,000.00
200500402 1 0 July 8
1999
2000 110016-01
Vancouver
RICK VERBAKEL AND
HAROLD HENSHAW,
doing business as ALL
WEATHERSTOP
SEALANT
SPECIALISTS, being an
employer,
Count 1: None None
+0
"#$% +0 '( )*
ION
SWORN
DATE
COURT FILE
#
(EMPLOYERS)
RICK VERBAKEL AND
HAROLD HENSHAW,
WEATHERSTOP
SEALANT
employer,
Count 2: None None
RICK VERBAKEL AND
HAROLD HENSHAW,
WEATHERSTOP
SEALANT
employer,
Count 3: None None
,1
"#$% ,1 '( )*
ION
SWORN
DATE
COURT FILE
#
(EMPLOYERS)
200500361 0 0 July 29
1999
Jan 21
2000
59399-01
Port
Coquitlam
Ancient Mariner Awnings
and Signs Ltd.
Count 1: None None
200500479 0 0 Sept 22
1998
March 19
1999
11687 -
Squamish
Ted Newell Engineering
Ltd., being an employer
Count 1: Ted Newell Engineering Ltd., being an employer being
responsible for the inspection of concrete formwork and falsework
and issuance of an engineering certificate by a professional engineer
before placement of concrete or other intended loading at that
structure pursuant to OH&S Regulation 20.26(1)(a) did fail to ensure
the issuance of an engineering certificate by a professional engineer
which certified that the concrete formwork and falsework had been
erected in accordance with the latest approved erection drawings
and supplementary instruction for that structure contrary to OH&S
Regulation 20.26(1)(b) and Section 75(2) of the WCA
$12,000.00
,!
"#$% ,! '( )*
ION
SWORN
DATE
COURT FILE
#
(EMPLOYERS)
responsible for the inspection of concrete formwork and falsework,
and issuance of an engineering certificate by a professional engineer
before placement of concrete at that structure, pursuant to OH&S
Regulation 20.26(1)(a) did fail to ensure the issuance of an
engineering certificate by a professional engineer which certified that
specified reshoring for that structure was in place contrary to OH&S
Regulation 20.26(1)(c) and Section 75(2) of the WCA
Stayed
responsible for the formwork including falsework design for the
concrete work to that structure, did fail to ensure that a set of plans
and specifications meeting the requirements of CSA Standard S269.1-
1975, or other standards acceptable to the Workers' Compensation
Board was prepared for the formwork for that building, contrary to
OH&S Regulation 20.17 (1) and Section 75(2) of the WCA
Stayed
200500456 1 0 July 21
1999
2000 21653-1 Ft
St John
Bonus Resource
Services corporation,
being an employer,
Count 1: Bonus Resource Services corporation, being an employer,
did cause to be operated an industrial process, to wit the servicing
and decommissioning of an Ampscot D640-305-168 pumping unit and
did thereby fail to operate that industrial process in accordance with
the manufacturer's recommendations and instructions, contrary to
OH&S Regulation Section 12.9 and sections 75(2) and 77(1)of the
WCA
Acquitted
,+
"#$% ,+ '( )*
ION
SWORN
DATE
COURT FILE
#
(EMPLOYERS)
Bonus Resource
being an employer,
Count 2: Bonus Resource Services corporation, being an employer, in
the course of servicing and decommissioning of an Ampscot D640-
305-168 pumping unit did cause a safeguard to be removed, namely a
chain and boomer, while the equipment it was safeguarding to wit, an
elevated counter weight and crank of that pumping unit, had not been
isolated and effectively controlled in a manner preventing the
unexpected start up of that equipment or unexpected release of an
energy source
related to that equipment, as required by OH&S Regulation section
10.2
and did thereby fail to lock out that equipment contrary to OH&S
Regulation section 12.8 and sections 75(2) and 77(1) of the WCA
Acquitted
Bonus Resource
being an employer,
having engaged in work activity, to wit the servicing and
decommissioning of an Ampscot D640-305-168 pumping unit through
the removal of the mule head attachment, and which activity may
cause significant risk of injury to workers, did fail to analyse the risks
arising out of the work activity and did thereby fail to implement safe
work procedures for the hazards created by that activity, contrary to
OH&S Regulation Section 23.5 and Sections 75(2) and 77(1) of the
WCA
Acquitted
Bonus Resource
being an employer,
Count 4: Bonus Resource Services corporation, being an employer, did
fail to ensure the adequate direction and instruction of a worker,
namely Mike Steffen in the safe performance of his duties as a floor
hand engaged in the servicing and decommissioning of an Ampscot
D640-305-168 pumping unit, contrary to OH&S Regulation section 3.22
and section 75(2) of the WCA
Acquitted
,,
"#$% ,, '( )*
ION
SWORN
DATE
COURT FILE
#
(EMPLOYERS)
Bonus Resource
being an employer,
being responsible for the proper instruction of workers under the
supervisor's
direction and control, did fail to ensure that their work, to wit the
servicing
and decommissioning of an Ampscot D640-305-168 pumping unit was
performed without undue risk, contrary to OH&S Regulation Section
Acquitted
200500358 1 0 Nov 23
2001
Oct 29
2003
VHF 15016-
1-T
Ambroy Equipment Ltd.,
being an employer
pursuant to Section 115
of the WCA
Count 1: Ambroy Equipment Ltd., being an employer pursuant to
Section 115 of the WCA at a barge known as the Apex 1 at or near
Km. 61 Marilla at Ootsa Lake, south of Fraser Lake (the "workplace")
in the Province of BC, which workplace was subject to a Stop Work
Order issued by the Workers' Compensation Board on October 27
2001, and confirmed in writing on October 30, 2001; did contravene
that Stop Work Order by allowing work at a part of that workplace, by
allowing an unauthorized person, namely John Ross (Butch)McMaster,
to enter the Apex 1 barge, and did thereby commit an offence
contrary to Section 213(1) of the WCA
Stayed
,-
"#$% ,- '( )*
ION
SWORN
DATE
COURT FILE
#
(EMPLOYERS)
200600303 1 4 Oct 27
1997
April 23
1998
57520-1
Port
Coquitlam
Scott Steel Ltd., being an
Employer
Count 1: Scott Steel Ltd., being an Employer while contracted to
reconstruct a railway trestle type bridge, did fail to ensure that all
pertinent construction details including minimum specifications for
critical bracing components, and minimum temporary bracing
requirements were available at the job site during erection of bridge
components to wit: steel bents, contrary to IH&S Regulation
34.10(1)(a) and sections 75(2) and 77(1) of the WCA
$25,000.00
Employer
Count 2: Scott Steel Ltd., being an Employer did fail to ensure that a
structure under construction to wit a railway trestle type bridge was
capable of withstanding the stresses likely to be imposed upon it
during construction including a 840 D.E.H. Locomotive Crane Number
CN50430 under load, contrary to IH&S Regulation 8.02(1)(b) and
sections 75(2) and 77(1) of the WCA
Stayed
Employer
Count 3: Scott Steel Ltd., being an Employer during the erection of a
partially assembled structure to wit a railway trestle type bridge did
fail to brace or otherwise secure that structure to withstand a load
likely to be imposed upon it, namely a 840 D.E.H. Locomotive Crane
Number CN50430 under load, contrary to IH&S Regulation 34.32 and
$30,000.00
Employer
Count 4: Scott Steel Ltd., being an Employer did fail to ensure the
adequate direction and instruction of ironworkers in the safe
performance of their duties in erecting a steel bent with a Locomotive
Crane Number CN50430 during construction of a railway trestle type
bridge, contrary to IH&S Regulation 8.18 and sections 75(2) and 77(1)
of the WCA
$15,000.00
,.
"#$% ,. '( )*
ION
SWORN
DATE
COURT FILE
#
(EMPLOYERS)
200700064 1 0 Jan 25
2005
Jan 24
2007
25261-1T
Cranbrook
A. GROENHUYSEN
MECHANICAL LTD.,
BEING AN EMPLOYER,
Count 1: A. GROENHUYSEN MECHANICAL LTD., BEING AN EMPLOYER,
did fail to ensure that there were written procedures specifically for
the worksite to ensure the stability of equipment to wit: a rubber tired
Caterpillar skidder contrary to section 26.16(2) of the OH&S
Regulation and thereby did an offence contrary to section 213(1) of
the WCA
Stayed
A. GROENHUYSEN
MECHANICAL LTD.,
BEING AN EMPLOYER,
did fail to ensure that a rubber tired Caterpillar skidder was not
operated on a slope which exceeded 35% contrary to section 26.16(3)
of the OH&S Regulation and thereby did commit an offence contrary
to section 213(1) of the WCA
$60,000.00
,*
"#$% ,* '( )*
ION
SWORN
DATE
COURT FILE
#
(EMPLOYERS)
A. GROENHUYSEN
MECHANICAL LTD.,
BEING AN EMPLOYER,
Cont 5: A. GROENHUYSEN MECHANICAL LTD., BEING AN EMPLOYER,
did fail to ensure that mobile equipment to wit: a rubber tired
Caterpillar skidder, was operated where its stability could be assured,
contrary to section 26.54 of the OH&S Regulation and thereby did
commit an offence contrary to section 213(1) of the WCA
Stayed
A. GROENHUYSEN
MECHANICAL LTD.,
BEING AN EMPLOYER,
did fail to ensure that a rubber tired Caterpillar skidder was used and
operated in accordance with safe work practices, contrary to Section
4.3 (1) (b) (ii) of the OH&S Regulation, and thereby did commit an
offence contrary to section 213 (1) of the WCA
Stayed
A. GROENHUYSEN
MECHANICAL LTD.,
BEING AN EMPLOYER,
did fail to provide the employer's workers the information, instruction,
training and supervision necessary to ensure the health and safety of
those workers in carrying out their work, contrary to section 115 (2)
(e) of the WCA and thereby did commit an offence contrary to section
213 (I) of the WCA
Stayed
,/
"#$% ,/ '( )*
ION
SWORN
DATE
COURT FILE
#
(EMPLOYERS)
201000614 2 2 April 30
2010
Aug 30
2010
183991-1
Surrey
A-1 Mushroom
Substratum Ltd., as an
employer
Count 1: A-1 Mushroom Substratum Ltd., as an employer did fail to
ensure the health and safety of its workers, contrary to Sections
115(1)(a)(i) and 213(1) of the WCA
$200,000.00 -
Counts 1,2,9 and
14
,)
"#$% ,) '( )*
ION
SWORN
DATE
COURT FILE
#
(EMPLOYERS)
201000612 3 3 April 30
2010
Aug 30
2010
183991-1
Surrey
A-1 Mushroom
employer
ensure the health and safety of workers other than its own workers at
a workplace at which its work was being carried out, contrary to
Sections 115(l)(a)(ii) and 213(1) of the Workers
Compensation Act.
refer fine info
Count 1
H.V Truong Ltd as an
employer
Count 3: H.V Truong Ltd as an employer did fail to ensure the health
and safety of its workers, contrary to Sections 115(1 )(a)(i) and 213(1)
of the WCA.
$120,000.00 -
Counts 3, 4, 10,
and 14
H.V. Truong Ltd as an
employer
Count 4: H.V. Truong Ltd as an employer did fail to ensure the health
and safety of workers other than its own workers at a workplace at
which its work was being carried out, contrary to Sections
115(1)(a)(ii) and 213(1) of the Workers Compensation
Act.
refer fine info
Count 3
A-I Mushroom
employer,
Count 5: A-I Mushroom Substratum Ltd., as an employer did fail to
remedy workplace conditions that were hazardous to the health or
safety of its workers, contrary Sections 115(2)(a) and 213(1) of the
WCA
Stayed
H.V. Truong Ltd., as an
employer,
Count 6: H.V. Truong Ltd., as an employer did fail to remedy
workplace conditions that were hazardous to the health or safety of
its workers, contrary Sections 115(2)(a) and 213(1) of the WCA
Stayed
A-I Mushroom
employer
ensure that its workers were made aware of all known or reasonably
foreseeable health or safety hazards to which they were likely to be
exposed by their work, contrary to Sections
115(2)(b)(i) and 213(1) of the WCA
Stayed
,0
"#$% ,0 '( )*
ION
SWORN
DATE
COURT FILE
#
(EMPLOYERS)
H.V. Truong Ltd., as an
employer,
Count 8: H.V. Truong Ltd., did fail to ensure that its workers were
made aware of all known or reasonably or foreseeable health or
safety hazards to which they were likely to be exposed by their work,
contrary to Sections 115(2)(b )(i) and
213(1) of the WCA
Stayed
A-1 Mushroom
employer
provide to its workers the information, instruction, training and
supervision necessary to ensure the health and safety of those
workers in carrying out their work and to ensure the
health and safety of other workers at the workplace, contrary to
Sections 115(2)( e) and 213( 1) of the WCA
refer fine info
Count 1
H.V. Truong Ltd as an
employer
Count 10: H.V. Truong Ltd as an employer did fail to provide to its
workers the information, instruction, training and supervision
necessary to ensure the health and safety of those workers in
carrying out their work and to ensure the health and
safety of other workers at the workplace, contrary to Sections
115(2)(e) and 213(1) of the WCA
refer fine info
Count 3
A-I Mushroom
employer
provide to its workers the information, instruction, training and
supervision necessary to ensure the health and safety of those
workers in carrying out their work and to ensure the health and
safety of other workers at the workplace, contrary to Sections
115(2)(e) and 213(1) of the WCA
Stayed
H. V. Truong Ltd., as an
employer
Count 12: H. V. Truong Ltd., as an employer did fail to initiate and
maintain an OH&S program, contrary to Sections 3.1 (a) of the OH&S
Regulation and 213(1) of the WCA
Stayed
-1
"#$% -1 '( )*
ION
SWORN
DATE
COURT FILE
#
(EMPLOYERS)
A-I Mushroom
Substratum Ltd. and H.
V. Truong Ltd., as
employers
Count 13: A-I Mushroom Substratum Ltd. and H. V. Truong Ltd., as
employers did fail to ensure that each confined space in the
workplace was identified, contrary to Sections 9.2(a) of the OH&S
Regulation and 213(1 ) of the WCA
Stayed
A-I Mushroom
V. Truong Ltd., as
employers
Count 14 A-I Mushroom Substratum Ltd. and H. V. Truong Ltd., as
employers did fail l to ensure that all confined space hazards were
eliminated or minimized and that work was performed in a safe
manner, contrary to Sections 9.4 of the OH&S Regulation and 2I3( 1)
of the WCA
refer fine info
Count 1 & Count 3
A-I Mushroom
V. Truong Ltd., as
employers
employers did fail to prepare and implement a written confined space
entry program, contrary to Sections 9.S of the OH&S Regulation and
213(1) of the WCA
Stayed
A-I Mushroom
V. Truong Ltd., as
employers,
employers did fail to assign responsibility or supervision to a person
who was adequately trained to supervise the job before any workers
entered a confined space, contrary to Sections 9.7(1 ) of the OH&S
Stayed
A-I Mushroom
V. Truong Ltd., as
employers
employers did fail to conduct a hazard assessment for a confined
space, contrary to Sections 9.9(1)(a) of the OH&S Regulation and
213(1) of the WCA
Stayed
A-I Mushroom
V. Truong Ltd., as
employers
employers did fail to conduct a hazard assessment for a work activity
to be performed in a confined space, contrary to Sections 9.9(1)(b) of
the OH&S Regulation and 213(1) of the WCA
Stayed
-!
"#$% -! '( )*
ION
SWORN
DATE
COURT FILE
#
(EMPLOYERS)
A-I Mushroom
V. Truong Ltd., as
employers
employers did fail to identify a confined space by a sign or other
effective means which indicated the hazard and prohibited entry by
unauthorized workers, contrary to Sections 9.12 of the OH&S
Stayed
-+
"#$% -+ '( )*
ION
SWORN
DATE
COURT FILE
#
(EMPLOYERS)
-,
"#$% -, '( )*
ION
SWORN
DATE
COURT FILE
#
(EMPLOYERS)
--
"#$% -- '( )*
INDIVIDUALS CHARGED COUNTS FOR INDIVIDUALS FROM INFORMATION OUTCOME / FINES FOR
INDIVIDUALS
TOTAL $ IN FINES
for EMPLOYERS
AND / OR
INDIVIDUALS
DISPOSITION YEAR CASES
COMPLETED
AND # OF
CASES
COMPLETED
Barry FOSTER, being a director, officer, manager or supervisor Count 1: Barry Foster, being a director, officer, manager or supervisor of The
Okanagan's Reliable Irrigation & Landscaping Ltd. did fail, to adequately direct
and instruct a worker, namely, Milton Luke Haines, in the safe performance of
his duties, by instructing the ,worker to dig a tunnel underneath a paved surface
under which electrical utilities were located, contrary Industrial Health &Safety
(IH&S) 8.18 of BC Regulation, and S 75(2) and S 77(1) of the Workers'
Compensation Act (WCA)
Stayed 1996 = 1
Barry FOSTER, being a director, officer, manager or supervisor Count 2: Barry FOSTER, being a director, officer, manager or supervisor of The
Okanagan's Reliable Irrigation & Landscaping Ltd. did, in an area likely to have
underground utility services, fail to accurately determine the location of
underground utility services prior, to commencing excavation work with power
tools or equipment, contrary to IH&S Regulation 38.04(1)(a) of BC Regulation ,
and S 75(2)and S 77(1) of the WCA
Stayed
Marion CWIEKALA. and Steven STARCK, being supervisors Count 3: Marion CWIEKALA. and Steven STARCK, being supervisors employed
by The Okanagan's Reliable Irrigation & Landscaping Ltd. did fail to properly
instruct a worker; Milton Luke Haines under their direction and control, by
instructing the worker to excavate ground that they should have known
contained, or should have taken steps to ascertain whether it contained,
underground electrical lines,' contrary IH&S Regulation 8.20 and S 75(2) of the
WCA
Stayed
Marion CWIEKALA and Steven STARCK, being supervisors Count 4: Marion CWIEKALA and Steven STARCK, being supervisors employed by
the Okanagan's Reliable Irrigation & Landscaping Ltd., did fail to ensure a
worker, Milton Luke Haines, under their direction and control performed his
work without undue risk, by instructing the worker to excavate ground that they
should have known contained, or should have taken steps to' ascertain whether
it contained, underground electrical lines, contrary to IH&S Regulation 8.20 and
S 75(2) of the WCA
Stayed
-.
"#$% -. '( )*
INDIVIDUALS
TOTAL $ IN FINES
for EMPLOYERS
AND / OR
INDIVIDUALS
COMPLETED
AND # OF
CASES
COMPLETED
Marion CWIEKALA, Steven STARCK, and! Barry FOSTER, being a
director, officer, manager or supervisor
Count 5: Marion CWIEKALA, Steven STARCK, and! Barry FOSTER, being a
director, officer, manager or supervisor of the Okanagan's Reliable Irrigation &
Landscaping Ltd. caused a work process to be carried out or tools or equipment
to be operated or both, when they had reasonable cause to believe that to do so
would create an immediate hazard to the health or safety of a person, namely,
Milton Luke Haines, contrary IH&S Regulation 8.24 of and S 75 (2) and S 77(1) of
the WCA
Stayed
TOTAL $ IN FINES
for EMPLOYERS
AND / OR
INDIVIDUALS
DISPOSIITION
$15,000.00 Plea - Nov 26
1996
Sukhdev Biring, being a director, officer, manager or supervisor Count 1: Sukhdev Biring, being a director, officer, manager or supervisor of
S.G.M. HOLDINGS LTD did fail to ensure the adequate direction and instruction
of workers in the safe performance of their duties, to wit: the removal !of
asbestos at 760 Kingsway Avenue, Vancouver, British Columbia, contrary to
IH&S Regulation 8.18 and S 75(2) and S 77(1) of the WCA
Stayed 1998 = 9
S.G.M. HOLDINGS LTD having received a report of what appeared to be an
unsafe or harmful condition to wit: the presence of asbestos at 760 Kingsway
Avenue, Vancouver BC did fail to investigate the reported unsafe condition and
ensure that any necessary corrective action be taken without delay, contrary to
IH&S Regulation 8.10 S 75(2) and S 77(1) of the WCA
Stayed
-*
"#$% -* '( )*
INDIVIDUALS
TOTAL $ IN FINES
for EMPLOYERS
AND / OR
INDIVIDUALS
COMPLETED
AND # OF
CASES
COMPLETED
S.G.M. HOLDINGS LTD did cause to be carried out a work process to wit: the
removal of asbestos-laden material from a site at 760 Kingsway Avenue,
Vancouver, BC, when that person had reasonable cause to believe that to do so
would create an undue hazard to the health, or safety of any persons, contrary
to IH&S Regulation 8.24(1) , and S 75(2) and S 77 (1) of the WCA
$8,000.00
TOTAL $ IN FINES
for EMPLOYERS
AND / OR
INDIVIDUALS
DISPOSIITION
$13,000.00 Conviction -
January 7 1998
Wade Gaylord, being a director, officer, manager or supervisor Count 1: Wade Gaylord, being a director, officer, manager or supervisor of
Vantastic Holdings Ltd. did fail to adequately direct and instruct a worker.
namely MAURICE RICARD. in the safe performance of his duties. by .directing
that worker to supervise. maintain and operate a vehicle. to wit: an air-brake
equipped 1966 five-ton Dodge Fargo truck IH&S Regulation 8.18 and S 75(2) and
S 77(1) of the WCA
Stayed
Vantastic Holdings Ltd. did fail to maintain machinery and equipment. to wit: an
airbrake equipped five-ton 1966 Dodge Fargo truck in such condition that
workers would not be endangered. contrary to IH&S Regulation 8.04 S 75(2) and
S 77(1) of the WCA
Stayed
Wade Gaylord, being a director, officer, manager or supervisor Count 3:Wade Gaylord, being a director, officer, manager or supervisor of
Vantastic Holdings Ltd. did fail to ensure that regular inspections were made of
the place of employment. including equipment. machinery and work methods
and practises. contrary to IH&S Regulation 8.08 and S75(2) and S 77(1) of the
WCA
Stayed
-/
"#$% -/ '( )*
INDIVIDUALS
TOTAL $ IN FINES
for EMPLOYERS
AND / OR
INDIVIDUALS
COMPLETED
AND # OF
CASES
COMPLETED
Vantastic Holdings Ltd. did authorize the operation of machinery and equipment,
to wit: an air-brake equipped five-ton 1966 Dodge Fargo truck. by MAURICE
RICARD a person not adequately instructed and trained. and who has not
demonstrated an ability to operate safely the machinery and equipment.
contrary to IH&S Regulation 8.22 of British Columbia Regulation and S 75(2)
and S 77(1) of the WCA
Stayed
MAURICE RICARD Count 5: MAURICE RICARD, on or about the 13th day of JUNE, 1996, at Warn
Bay, in the Province of British Columbia, did operate or cause to be operated
3quipment, to wit: an air-brake equipped five-ton 1966 Dodge Fargo truck when
he had reasonable cause to believe that to do so would create an undue hazard
to the health or safety of any person, contrary to IH&S Regulation 8.24(1) of
British Columbia Regulation 585/77 and amendments thereto, and S75(2) and S
77(1) of the WCA
Plea 45 day jail term
on each count to
be served
concurrently
MAURICE RICARD Count 6: MAURICE RICARD, on or about the 13th day of JUNE, 1996, at Warn
Bay, in the Province of British Columbia, did operate mobile equipment, to wit:
an air-brake equipped five-ton 1966 Dodge Fargo truck, not having received
adequate instruction and not having demonstrated to a supervisor or instructor
that he is a competent operator of that equipment, contrary to IH&S Regulation
26.24(1)(a) of British Columbia Regulation 585/77 and amendments thereto, and
S 75(2) and S 77(1) of the WCA
Stayed
MAURICE RICARD Count 7:MAURICE RICARD, on or about the 13th day of JUNE, 1996, at Warn Bay;
in the
Province of British Columbia, did operate mobile !equipment, to wit: an ale-brake
equipped five-ton 1966 Dodge Fargo truck, not being in possession of a valid air
brake certificate or an air brake endorsement on his driver's license, contrary to
IH&S Regulation 26.24(1)(c) of British Columbia Regulation 585/77 and
amendments thereto, and S 75(2) and S 77(1) of the WCA
Plea
TOTAL $ IN FINES
for EMPLOYERS
AND / OR
INDIVIDUALS
DISPOSIITION
-)
"#$% -) '( )*
INDIVIDUALS
TOTAL $ IN FINES
for EMPLOYERS
AND / OR
INDIVIDUALS
COMPLETED
AND # OF
CASES
COMPLETED
MAURICE RICARD
- 45 day jail term
on each count to
be served
concurrently &
VANTASTIC
HOLDINGS -
$15,000.00
Plea - February
16 1998
Count 1: None Count 1: None None
[SECTION 22]. being an, officer, manager or supervisor of WEST
KOOENAY POWER LTD., and [SECTION 22], being an officer,
manager or supervisor of WEST KOOENAY POWER LTD.
Count 2: [SECTION 22]. being an, officer, manager or supervisor of WEST
KOOENAY POWER LTD., and [SECTION 22], being an officer, manager or
supervisor of WEST KOOENAY POWER LTD. did fail to ensure the proper
instruction of workers under their direction and control, namely LINDSAY LANG
and DAVID MCBUIN; in 'n their duties 'as transmission line workers on Line 46,
and did thereby .fail to ensure that their work was performed without undue risk,
contrary to Section 8.20 of British Columbia Regulation and sections 75(2) and
77(1) of the WCA
Unknown
[SECTION 22]. being an officer, manager or supervisor of WEST
KOOTENAY POWER LTD. and [SECTION 22]. being an officer,
manager or supervisor of WEST KOOTENAY POWER LTD.
Count 3: [SECTION 22]. being an officer, manager or supervisor of WEST
KOOTENAY POWER LTD. and [SECTION 22]. being an officer, manager or
supervisor of WEST KOOTENAY POWER LTD. did cause to be carried out a work
process, to wit: transmission line work without proper grounding, when they had
reasonable cause to believe that to do so would create an undue hazard to the
health or safety of any person, contrary to Section 8.24(1) of British Columbia
Regulation and Sections 75(2) and 77(1) of the WCA
Unknown
[SECTION 22], being a manager or supervisor of WEST
KOOTENAY POWER LTD
Count 4: [SECTION 22], being a manager or supervisor of WEST KOOTENAY
POWER LTD did cause to be operated equipment, to wit: an electric generator
and hydraulic sixty-ton press, when they had reasonable cause to believe that to
do so would create an undue hazard to the health or safety of any person,
contrary to Section 8.24(1) of British Columbia Regulation and Sections 75(21
Unknown
-0
"#$% -0 '( )*
INDIVIDUALS
TOTAL $ IN FINES
for EMPLOYERS
AND / OR
INDIVIDUALS
COMPLETED
AND # OF
CASES
COMPLETED
TOTAL $ IN FINES
for EMPLOYERS
AND / OR
INDIVIDUALS
DISPOSITION
$70,000.00 Plea- February 3
1998
Darryl Thomas Brent Iley, being a director, officer, manager or
supervisor
Count 1: DARRYL THOMS BRENT ILEY, BEING A director, officer, manager OR
supervisor OF HARDLUCK LOGGING LTD did fail to maintain machinery and
equipment to wit: Caterpillar 518 Line Skidder, in such condition that workers
would not be endangered, contrary to IH&S Regulation 8.04 and Section 75(2)
$10,000.00
supervisor
Count 2:DARRYL THOMAS BRENT ILEY BEING A director, officer, manager OR
supervisor OF HARDLUCK LOGGING LTD did fail to ensure that regular
inspections were made of the place of employment , including equipment,
machinery and work methods and practises, contrary to IH&S 8.08(1) and
Section 75(2) and 77(1) of the WCA
Stayed
supervisor
Count 3:DARRYL THOMAS BRENT ILEY, BEING A director, officer. manager OR
supervisor OF HARDLUCK LOGGING LTD did fail to ensure the adequate
direction and instruction of a worker, namely ROBERT CONNELLY, in the safe
performance of his duties as a skidderman, contrary to IH&S Regulation B.18
and Section 75(2) and 77(1) of the WCA
Stayed
TOTAL $ IN FINES
for EMPLOYERS
AND / OR
INDIVIDUALS
DISPOSITION
.1
"#$% .1 '( )*
INDIVIDUALS
TOTAL $ IN FINES
for EMPLOYERS
AND / OR
INDIVIDUALS
COMPLETED
AND # OF
CASES
COMPLETED
$10,000.00 Plea - June 17
1998
Glenn Wilder, being a supervisor and Louise Rosner being a
supervisor
Count 2: Glenn Wilder, being a supervisor of Firestorm Productions Limited
Partnership and Louise Rosner, being a supervisor of Firestorm Productions
Limited Partnership did fail to ensure the proper instruction of a worker under
their direction and control, namely Keith Perepelkin his duties as a stunt
performer, and did thereby fail to ensure that his work was performed without
undue risk, contrary to IH&S 8.20 and Section 75 (2) of the WCA
Stayed
Glen Wilder, being a manager or supervisor and Louise Rosner,
being a director, officer, manager or supervisor
Count 3: Glen Wilder, being a manager or supervisor of Firestorm Productions
Limited Partnership and Louise Rosner, being a director, officer, manager or
supervisor of Firestorm Products Limited did cause to be carried out a work
process, to wit: a parachute stunt jump sequence, when they had reasonable
cause to believe that to do so would create and undue hazard to the health or
safety of any person, contrary to Section 8.24(1) and section 75(2) of the WCA
Stayed
TOTAL $ IN FINES
for EMPLOYERS
AND / OR
INDIVIDUALS
DISPOSITION
.!
"#$% .! '( )*
INDIVIDUALS
TOTAL $ IN FINES
for EMPLOYERS
AND / OR
INDIVIDUALS
COMPLETED
AND # OF
CASES
COMPLETED
$60,000.00 Plea - July 31
1998
Ian Murray, being a director, officer, manager or supervisor Count 1: Ian Murray, being a director, officer, manager or supervisor of Elk Falls
Forest Industries Ltd. , did fail to ensure the adequate direction and instruction
of a worker, namely James Nelson in the safe performance of his duties as an
equipment utility man, contrary IH&S Regulation 8.18
Acquitted
Forest Industries Ltd. did fail to maintain machinery and equipment to wit: #404
Hog Fuel Conveyor Belt System, in such condition that workers would not be
endangered, contrary to the IH&S Regulation 8.04
Acquitted
Forest Industries Ltd.in that it charges the employer who has a duty to give an
employee direction and instruction with failing to ensure that the employee
performed his work without undue risk.
Acquitted
Forest Industries Ltd., did cause to be operated equipment, to wit: an
inadequately guarded #404 Hog Fuel Conveyor Belt System, when they had
health or safety of any person, contrary to IH&S Regulation 8.24(1)
Acquitted
TOTAL $ IN FINES
for EMPLOYERS
AND / OR
INDIVIDUALS
DISPOSITION
.+
"#$% .+ '( )*
INDIVIDUALS
TOTAL $ IN FINES
for EMPLOYERS
AND / OR
INDIVIDUALS
COMPLETED
AND # OF
CASES
COMPLETED
$0.00 Acquitted -
August 18 1998
Dwayne Strong and Jeff Sparks, being commercial fishermen Count 1: Dwayne Strong and Jeff Sparks, being commercial fishermen, did
cause to be carried out a work process, to wit: underwater seafood harvest
diving, when they had reasonable cause to believe that to do so would create an
undue hazard to the health or safety of any person contrary to Section 8.24(1)
and Sections 4(1), 71(1) and 75(2) of the WCA
Stayed
Dwayne Strong and Jeff Sparks, being commercial fishermen Count 2: Dwayne Strong and Jeff Sparks, being commercial fishermen did
conduct a diving operation, to wit: underwater seafood harvesting, without a
minimum crew of 3 workers present at that dive, site, contrary to Section
11.12(4), Sections 4(1), 71(1) and 75(2) of the WCA
Stayed
Dwayne Strong and Jeff Sparks, being commercial fishermen Count 3: Dwayne Strong and Jeff Sparks, being commercial fishermen did
conduct a diving operation, to wit: underwater seafood harvesting, having failed
to ensure a dressed-in standby diver present at the dive site while a diver was in
the water, contrary to Section 11.10(9), Section 4(1), 71(1) and 75(2) of the WCA
Stayed
TOTAL $ IN FINES
for EMPLOYERS
AND / OR
INDIVIDUALS
DISPOSITION
$0.00 Stayed -
September 17
1998
.,
"#$% ., '( )*
INDIVIDUALS
TOTAL $ IN FINES
for EMPLOYERS
AND / OR
INDIVIDUALS
COMPLETED
AND # OF
CASES
COMPLETED
DETLEF MORDHORST, being a director, officer, manager or
supervisor and GRANT ANDERSEN, a formwork designer
employed by All-Span Engineering and Construction Ltd.
Count 1: DETLEF MORDHORST, being a director, officer, manager or supervisor
and GRANT ANDERSEN, a formwork designer employed by All-Span Engineering
and Construction Ltd. did fail to provide erection drawings and supplementary
information for falsework and formwork, that indicate the sequence, method and
rate of concrete placement in order to prevent overloading of any part of the
formwork, contrary to IH&S Regulation 34.28(5)(f) and Sections 75(2) and 77(1)
of the WCA
Stayed
supervisor of All-Span Engineering and Construction Ltd., and
GRANT ANDERSEN, a formwork designer employed by Al All
Span Engineering and Construction Ltd
of All-Span Engineering and Construction Ltd., and GRANT ANDERSEN, a
formwork designer employed by Al All Span Engineering and Construction Ltd
did fail to provide erection drawings and supplementary information for
falsework and formwork, indicating sufficient information regarding loads,
moments and deflections so as to permit the design of the formwork and
falsework to be verified by a registered professional engineer, contrary to IH&S
Regulation 34.28(5)(j) and Sections 75(2) and 77(1) of the WCA
Stayed
GRANT ANDERSEN, a formwork designer employed by All Span
Engineering and Construction Ltd.
of All-Span Engineering and Construction Ltd., and GRANT ANDERSEN, a
formwork designer employed by All Span Engineering and Construction Ltd. did
fail to obtain the signature and seal of a registered professional engineer for
erection drawings and supplementary information, contrary to IH&S Regulation
34.28(6)(a) and Sections 75(2) and 77(1) of the WCA
Stayed
Engineering and Construction Ltd
Count 4: DET:EF MORDHORST, being a director, officer, manager or supervisor of
All-Span Engineering and Construction Ltd., and GRANT ANDERSEN, a formwork
designer employed by All Span Engineering and Construction Ltd did fail. to
provide erection drawings and supplementary information that were structurally
complete, contrary to IH&S Regulation 34.28(6)(b) , and Sections 75(2) and
77(1) of the WCA
Stayed
Engineering and Construction Ltd.
of All-Span Engineering! and . Construction Ltd., and GRANT ANDERSEN, a
formwork designer employed by All Span Engineering and Construction Ltd. did
fail to obtain the signature, seal and written certificate of a registered
professional engineer, for formwork and falsework prior to a concrete pour,
contrary to IH&S Regulation 34.28(17), and Sections 75(2) and 77(1) of the WCA
Stayed
.-
"#$% .- '( )*
INDIVIDUALS
TOTAL $ IN FINES
for EMPLOYERS
AND / OR
INDIVIDUALS
COMPLETED
AND # OF
CASES
COMPLETED
TOTAL $ IN FINES
for EMPLOYERS
AND / OR
INDIVIDUALS
DISPOSITION
$6,000.00 Conviction -
October 28 1998
Bryon Rawlings, being a supervisor of Imperial Electric Count 2: Bryon Rawlings, being a supervisor of Imperial Electric did fail to
ensure the proper instruction of workers under their direction and control,
namely Maurice Dutour and John Grumm, in their duties as electricians, and did
thereby fail to ensure that their work was performed without undue risk,
contrary section 8.20 and sections 75 (2) and 77 (1) of the WCA
Acquitted
TOTAL $ IN FINES
for EMPLOYERS
AND / OR
INDIVIDUALS
DISPOSITION
..
"#$% .. '( )*
INDIVIDUALS
TOTAL $ IN FINES
for EMPLOYERS
AND / OR
INDIVIDUALS
COMPLETED
AND # OF
CASES
COMPLETED
$0.00 Acquitted - Dec
15 1998
TERRY HAMILTON being a director, officer:, manager or
supervisor of Fletcher Challenge Canada Limited and PHIL
JONES being a director, officer, manager or supervisor of
Fletcher Challenge Canada Limited
Count 1: TERRY HAMILTON being a director, officer:, manager or supervisor of
Fletcher Challenge Canada Limited and PHIL JONES being a director, officer,
manager or supervisor of Fletcher Challenge Canada Limited did fail to ensure
the adequate direction of instruction of workers, namely Murray Robert Brown
and Clifton George Roberts in the safe performance of their duties as mill
maintenance workers contrary to IH&S Regulation 8.18 and sections 75(2) and
77(1) of the WCA
Acquitted 1999 = 9
TERRY HAMILTON being a director, officer:, manager or
supervisor of Fletcher Challenge Canada Limited and PHIL
JONES being a director, officer, manager or supervisor of
Fletcher Challenge Canada Limited and WILLIAM HARDWICK
being manager or supervisor of Fletcher Challenge Canada
Limited and Roger Orser being a manager or supervisor of
Fletcher Challenge Canada Limited.
Count 2: TERRY HAMILTON being a director, officer, manager or supervisor of
Fletcher Challenge Canada Limited and PHIL JONES being a director, officer,
manager or supervisor of Fletcher Challenge Canada Limited and WILLIAM
HARDWICK being manager or supervisor of Fletcher Challenge Canada Limited
and Roger Orser being a manager or supervisor of Fletcher Challenge Canada
Limited being responsible for the proper instruction of workers under their
direction and control, namely Murray Robert Brown and Clifton George Roberts,
in their duties as mill maintenance workers, did fail to ensure that their work in
inspecting a deaerator vessel was performed without undue risk, contrary to
IH&S Regulation 8.20 and sections 75(2) and 77(1) of the WCA.
Acquitted
PHIL JONES being a director, officer, manager or supervisor of
Count 3: PHIL JONES being a director, officer, manager or supervisor of
Fletcher Challenge Canada Limited and WILLIAM HARDWICK being manager or
supervisor of Fletcher Challenge Canada Limited and Roger Orser being a
manager or supervisor of Fletcher Challenge Canada Limited did fail to maintain
machinery and equipment, to wit a number 5 power boiler nitrogen
purge/padding system, including a deaerator vessel and associated piping, in
such condition that workers would be endangered, contrary to IH&S Regulation
8.04 , and sections
Acquitted
.*
"#$% .* '( )*
INDIVIDUALS
TOTAL $ IN FINES
for EMPLOYERS
AND / OR
INDIVIDUALS
COMPLETED
AND # OF
CASES
COMPLETED
manager or supervisor of Fletcher Challenge Canada Limited did fail to ensure
the regular inspection equipment and machinery, to wit a number 5 power boiler
nitrogen purge/padding system, including a deaerator vessel and associated
piping, at intervals that prevented the development of unsafe working.
conditions,
WCA
Acquitted
WILLIAM HARDWICK being manager or supervisor of Fletcher
Challenge Canada Limited and Roger Orser being a manager or
supervisor of Fletcher Challenge Canada Limited.
Count 5: WILLIAM HARDWICK being manager or supervisor of Fletcher
Challenge Canada Limited and Roger Orser being a manager or supervisor of
Fletcher Challenge Canada Limited did fail to ensure that piping containing a
hazardous substance under pressure, namely nitrogen gas, was disconnected,
blanked or blinded off, to prevent such hazardous substance from entering a
confined space, to wit a deaerator vessel before workers Murray Robert Brown
and Clifton George entered that confined space, contrary to IH&S Regulation
13.19 (1) (a) and sections 75 (2) and 77 (1) of the WCA
Acquitted
manager or supervisor of Fletcher Challenge Canada Limited did fail to develop
and implement work procedures that ensured the equivalent protection of
disconnection, blanking or blinding off of piping containing a hazardous
substance, namely nitrogen gas, when workers Murray Robert Brown and Clifton
George Roberts were exposed to the hazardous substance upon entering a
confined space, to wit a deaerator vessel, contrary to IH&S Regulation 13.19 (1)
(b) of and sections 75(2) and 77(1) of the WCA
Acquitted
./
"#$% ./ '( )*
INDIVIDUALS
TOTAL $ IN FINES
for EMPLOYERS
AND / OR
INDIVIDUALS
COMPLETED
AND # OF
CASES
COMPLETED
manager or supervisor of Fletcher Challenge Canada Limited did allow
maintenance work to be carried out on a power boiler feed water system,
including a deaerator and associated piping, having failed to control a hazardous
condition within that system, namely the presence of a harmful substance, to
wit: concentrated nitrogen gas, and did thereby expose workers Murray Robert
Brown and Clifton George Roberts to that harmful substance, contrary to IH&S
Regulation 16.100. (1) (b) and sections 75(2) and 77(1) of the WCA
Acquitted
TOTAL $ IN FINES
for EMPLOYERS
AND / OR
INDIVIDUALS
DISPOSITION
$0.00 Acquitted - Jan 8
1999
J.M. (JESS) BEAMAN, being an officer, manager or supervisor of
MB PAPER LIMITED, and R.G. (GARY) McCAIG, being a manager
or supervisor of MB PAPER LIMITED, and RICHARD TULL, being
a manager or supervisor of MB PAPER LIMITED
Count 1: J.M. (JESS) BEAMAN, being an officer, manager or supervisor of MB
PAPER LIMITED, and R.G. (GARY) McCAIG, being a manager or supervisor of MB
PAPER LIMITED, and RICHARD TULL, being a manager or supervisor of MB
PAPER LIMITED did fail to ensure the adequate direction and instruction of a
worker, namely CHRIS GLOVER, in the safe performance of his duties as a
repulper operator, contrary to IH&S Regulation 8 18 and section 75(2) and 77(1)
of the WCA
Stayed
.)
"#$% .) '( )*
INDIVIDUALS
TOTAL $ IN FINES
for EMPLOYERS
AND / OR
INDIVIDUALS
COMPLETED
AND # OF
CASES
COMPLETED
PAPER LIMITED did authorize a worker, namely CHRIS GLOVER, to operate
equipment, to wit a deinked pulp line conveyor, when that worker had not been
adequately instructed and trained, and who had not demonstrated an ability to
operate safely the equipment, contrary to IH&S Regulation 8.22. , and section
Stayed
PAPER LIMITED did fail to provide written lock-out procedures to a worker,
namely CHRIS GLOVER, a worker required to work. on equipment, to wit a de-
inked pulp line conveyor, in circumstances requiring the application of lock-out
procedures, contrary to IH&S Regulation 16.102, (1) (a) and sections 75(2) and
77(1) of the WCA
Stayed
TOTAL $ IN FINES
for EMPLOYERS
AND / OR
INDIVIDUALS
DISPOSITION
$30,000.00 Plea - Feb 15
1999
ANTHONY VANT GELOOF, being a director, officer, manager or
supervisor
Count 1: ANTHONY VANT GELOOF, being a director, officer, manager or
supervisor of Star-Line Enterprises Ltd., did fail to provide erection drawings
and supplementary information for falsework and formwork, that indicate the
sequence, method and rate of concrete placement in order to prevent
overloading of any part of the formwork, contrary to IH&S Regulation 34.28(5)(f)
and Sections 75(2) and 77(1) of the WCA
Stayed
.0
"#$% .0 '( )*
INDIVIDUALS
TOTAL $ IN FINES
for EMPLOYERS
AND / OR
INDIVIDUALS
COMPLETED
AND # OF
CASES
COMPLETED
supervisor
supervisor Star-Line Enterprises Ltd., did fail to provide erection drawings and
supplementary information for falsework and formwork, indicating sufficient
information regarding loads moments and deflections so as to permit the
design of the formwork and falsework to be verified by a registered professional
engineer, contrary to IH&S Regulation 34.28(5)(j) and Sections 75(2) and 77(1) of
the WCA
Stayed
supervisor
supervisor Star-Line Enterprises Ltd., did fail to obtain the signature and seal of
a registered professional engineer for erection drawings and supplementary
information contrary to IH&S Regulation 34.28(6)(a) and Sections 75(2) 77(1) of
the WCA
Stayed
supervisor
supervisor Star-Line Enterprises Ltd., did fail to provide erection drawings and
supplementary information that were structurally complete, contrary to IH&S
Regulation 34.28(6)(b) and Sections 75(2) and 77(1) of the WCA
Stayed
supervisor
supervisor Star-Line Enterprises Ltd., did fail to obtain the signature, seal and
written certificate of a registered professional engineer, for formwork and
falsework prior to a concrete pour, contrary to IH&S Regulation 34.28(17) and
Stayed
TOTAL $ IN FINES
for EMPLOYERS
AND / OR
INDIVIDUALS
DISPOSITION
$10,000.00 Plea - Feb 22
1999
*1
"#$% *1 '( )*
INDIVIDUALS
TOTAL $ IN FINES
for EMPLOYERS
AND / OR
INDIVIDUALS
COMPLETED
AND # OF
CASES
COMPLETED
Greg Kalinski Count 3: Greg Kalinski did cause to be operated that equipment when he had
health or safety of any person,
contrary to IH&S Regulations 26.26. and 8.24(1) and Section 75(2) of the WCA
$1,500.00
TOTAL $ IN FINES
for EMPLOYERS
AND / OR
INDIVIDUALS
DISPOSITION
$7,500.00 Plea - March 19
1999
Aubrey Petzold, being a manager or supervisor Count 1: Aubrey Petzold, being a manager or supervisor of McElhanney Land
Surveys Ltd. did fail to ensure the adequate direction of workers, namely Troy
Johnson, Arthur Cholmondeley, and Eric Verge, in the safe performance of their
duties as survey crew tree fallers and buckers contrary to IH&S 8.18 and
sections 7S(2) and 77 (l) of the WCA
Stayed
*!
"#$% *! '( )*
INDIVIDUALS
TOTAL $ IN FINES
for EMPLOYERS
AND / OR
INDIVIDUALS
COMPLETED
AND # OF
CASES
COMPLETED
Surveys Ltd being responsible for the proper instruction of workers under their
direction and control, namely Troy Johnson, Arthur Cholmondeley and Eric
Verge, in their duties as survey crew tree fallers ,and buckers, did fail to ensure
that their work was performed without undue risk, contrary to IH&S 8.20 and
sections 75(2) and 77(l} of the WCA
Stayed
Surveys Ltd did authorize the operation of machinery and equipment, to wit tree
falling equipment including chainsaws and wedging tools, by persons not
adequately instructed and trained, namely Troy Johnson, Arthur Cholmondeley
and Eric Verge, and who had not demonstrated an ability to operate safely the
machinery or equipment, contrary to IH&S Regulation 8.22 and sections 75(2)
Stayed
TOTAL $ IN FINES
for EMPLOYERS
AND / OR
INDIVIDUALS
DISPOSITION
$60,000.00 Plea - April 1
1999
Paramjit Johal being a director, officer, manager or supervisor Count 1: Paramjit Johal being a director, officer, manager or supervisor of Three
Star Siding, Roofing and Construction Co Ltd. did fail to ensure the adequate
direction and instruction of a worker, namely Gurdev Akali in the safe
performance of his duties as a roofer, by failing to ensure the use of a fall
protection system by that worker, contrary to IH&S Regulation 8,18 and
sections 75 (2) and 77 (1) of the WCA
Stayed
*+
"#$% *+ '( )*
INDIVIDUALS
TOTAL $ IN FINES
for EMPLOYERS
AND / OR
INDIVIDUALS
COMPLETED
AND # OF
CASES
COMPLETED
Star Siding, Roofing and Construction Co Ltd. being responsible for the proper
instruction of a worker under their direction and control, namely Gurdev Akali,
did fail to ensure that his work as a roofer was performed without undue risk, by
failing to ensure the use of a fall protection system by that worker, contrary to
IH&S Regulation 8.20 and sections 75(2} and 77(1} of the WCA
Stayed
Star Siding, Roofing and Construction Co Ltd. did fail to ensure that all
safeguards, including personal protective equipment necessary for the
protection of workers, to wit: a fall protection system as defined by Regulation
B.100 Were available and were used by a worker, namely Gurdev Akali in his
duties a~ a roofer, contrary to IH&S Regulation 8.14 (3)and sections 75(2) and
77(1) of the WCA
Stayed
TOTAL $ IN FINES
for EMPLOYERS
AND / OR
INDIVIDUALS
DISPOSITION
$7,000.00 Plea - April 19
1999
TROY JAMES PARIES, being a director, officer, manager or
supervisor
Count 1: TROY JAMES PARIES, being a director, officer, manager or supervisor of
T.P.S. Enterprises did fail to ensure the adequate direction and instruction of a
worker, namely-Jamie McCall, in the safe performance of his duties as a gas
station attendant while operating a propane dispensing pump with a defective
Z.V.G dispensing nozzle, contrary to Section 3.22 d Sections 75(2) and 77(1) of
the WCA
Stayed
*,
"#$% *, '( )*
INDIVIDUALS
TOTAL $ IN FINES
for EMPLOYERS
AND / OR
INDIVIDUALS
COMPLETED
AND # OF
CASES
COMPLETED
supervisor
T.P.S. Enterprises did cause to be operated equipment, to wit a Propane
dispensing pump equipped with a faulty Z.V.G dispensing nozzle, when they had
health and safety of any person, contrary to Section 3.24(1) of and Sections
$7,500.00
supervisor
T.P.S. Enterprises did fail to ensure that a piece of equipment, to wit a propane
dispensing pump equipped with a Z.V.G. dispensing nozzle, was capable of
safely performing the functions for which it is used, namely the dispensing of
propane, contrary to Section 4.3(1) (a) and Sections 75(2) and 77(1) of the WCA
Stayed
TOTAL $ IN FINES
for EMPLOYERS
AND / OR
INDIVIDUALS
DISPOSITION
$7,500.00 Plea - July 12
1999
SERGE K,. DARKAZANIJI, being director, officer, manager or
supervisor of Westfair Foods Ltd., and THOMAS M. DYER being a
director, officer, manager or supervisor of Westfair Foods Ltd.
Count 1: SERGE K. DARKAZANIJI, being director, officer, manager or supervisor
of Westfair Foods Ltd., and THOMAS M. DYER being a director, officer, manager
or supervisor of Westfair Foods Ltd. did fail to comply with an order of the
Workers' Compensation Board dated March 1, 1995, to wit to conduct a risk
assessment as required. by IH&S Regulation 8.90 (1) as issued under
section,71(2) of the WCA contrary to sections 7S(2} and 77(1} of the WCA
Stayed
*-
"#$% *- '( )*
INDIVIDUALS
TOTAL $ IN FINES
for EMPLOYERS
AND / OR
INDIVIDUALS
COMPLETED
AND # OF
CASES
COMPLETED
SERGE K,. DARKAZANIJI0, being director, officer, manager or
Count 2: SERGE K. DARKAZANIJI0, being director, officer, manager or supervisor
Workers' Compensation Board dated March 1, 1995, to wit to establish
procedures, policies and work environment arrangements to eliminate or
minimize the risk to workers identified through a risk assessment conducted
pursuant to IH&S Regulation 8.90 (1) as required by IH&S Regulation 8.92 and
as issued under section 71 (2) of the WCA contrary to sections 75(2) and 77(1) of
the WCA
Stayed
Workers Compensation Board dated September 12, 1996, to wit to ensure a risk
assessment be performed as required by IH&S Regulation 8.90(1) as issued
under section 71(2) of the SCA, contrary to sections 75(2) and 77(1) of the WCA
Stayed
Workers Compensation Board dated September 12, 1996, to wit to establish
procedures, policies and work environment arrangements to eliminate or
minimize the risk to workers identified through a risk assessment conducted
pursuant to IH&S 8.90(1) as required by IH&S Regulation 8.92 and as issued
under section 71(2) of the WCA, contrary to sections 75(2) and 77(1) of the WCA
Stayed
And BOUCHTA OLGUI, being a manager or supervisor of Westfair
Foods Ltd.
or supervisor of Westfair Foods Ltd. and BOUCHTA OLGUI, being a manager or
supervisor of Westfair Foods Ltd. did fail to conduct a risk assessment where a
risk of injury to workers from violence arising out of their employment may be
present, contrary to IH&S Regulation 8.90(1) and sections 75 (2) and 77 (1) of
the WCA
Stayed
*.
"#$% *. '( )*
INDIVIDUALS
TOTAL $ IN FINES
for EMPLOYERS
AND / OR
INDIVIDUALS
COMPLETED
AND # OF
CASES
COMPLETED
BOUCHTA OLGUI, being a manager of supervisor of Westfair
Foods Ltd.
Count 6: BOUCHTA OLGUI, being a manager of supervisor of Westfair Foods Ltd.
did fail to ensure that all safeguards, safety appliances and devices, including
personal protective equipment necessary for the protection of workers, to wit
an activated magnetic pass card, was available for use by a worker, namely
Ardel Taylor, in her duties as an overnight shelf-restocker, contrary to IH&S
Regulation 8.14 (3) , and sections 75(2) and 77(l) of the WCA
Stayed
BOUCHTA OLGUI, being a manager of supervisor of Westfair
Foods Ltd.
Count 7: BOUCHTA OLGUI, being a manager of supervisor of Westfair Foods Ltd.
did fail to ensure the adequate direction and instruction of a worker, namely
Ardel Taylor, in the safe performance of her duties as an overnight shelf-
restocker, contrary to IH&S Regulation 8.18 and sections 75(2) and 77(1) of the
WCA
Stayed
TOTAL $ IN FINES
for EMPLOYERS
AND / OR
INDIVIDUALS
DISPOSITION
$0.00 Stayed - Oct 19
1999
**
"#$% ** '( )*
INDIVIDUALS
TOTAL $ IN FINES
for EMPLOYERS
AND / OR
INDIVIDUALS
COMPLETED
AND # OF
CASES
COMPLETED
TOTAL $ IN FINES
for EMPLOYERS
AND / OR
INDIVIDUALS
DISPOSITION
$50,000.00 Plea - Oct 22
1999
LARRY KLASSEN, being a manager, supervisor of FOREST
CONSTRUCTION INC., dba FORWEST (1996)
Count 1: LARRY KLASSEN, being a manager, supervisor of FOREST
CONSTRUCTION INC., dba FORWEST (1996) did fail to ensure that all
8.100 , were available and were used by workers Gary Heinrichs and Ken
Loughridge while operating a pump-jack scaffold, contrary to IH&S Regulation
8.14(3) and sections 75(2) and 77(1) of the WCA
Stayed 2000 = 4
*/
"#$% */ '( )*
INDIVIDUALS
TOTAL $ IN FINES
for EMPLOYERS
AND / OR
INDIVIDUALS
COMPLETED
AND # OF
CASES
COMPLETED
HERB DAASE, being a manager or supervisor of L.D. LARRY
INDSUTRIES INC., dba as LARRY INDUSTRIES INC.
Count 3: HERB DAASE, being a manager or supervisor of L.D. LARRY
INDSUTRIES INC., dba as LARRY INDUSTRIES INC. did fail to ensure that all
8.100 were available and were used by workers Gary Heinrichs and Ken
Loughridge while operating a pump-jack scaffold, contrary to IH&S Regulation
8.14(3) and sections 75(2) and 77(1) of the WCA
Stayed
LARRY KLASSEN, being a manager or supervisor of FOREWEST
CONSTRUCTION INC., dba FOREWEST (1996)
Count 4: LARRY KLASSEN, being a manager or supervisor of FOREWEST
CONSTRUCTION INC., dba FOREWEST (1996) did fail to ensure that a fall
protection system! as defined by Regulation 11.1 (b) was used when work was
being done by worker Derek Egan at a place from which a fall of three metres
(10 Feet) or more may occur, contrary to OH&S (OSH) Regulation 11.2(1} and
amendments thereto, and Sections 75(2) and 77(1) of the WCA
Stayed
HERB DAASE, being a manager or supervisor of L.D. LARRY
INDSUTRIES INC., dba as LARRY INDUSTRIES INC.
Count 5: HERB DAASE, being a manager or supervisor of L.D. LARRY
INDSUTRIES INC., dba as LARRY INDUSTRIES INC did fail to ensure that a fall
protection system as defined by Regulation 11.1(b) was used when work was
being done by worker Derek Egan at a place from which a fall of three metres
(10 Feet) or more may occur, contrary to OSH Regulation 11.2(1) , and sections
$5,000.00
TOTAL $ IN FINES
for EMPLOYERS
AND / OR
INDIVIDUALS
DISPOSITION
*)
"#$% *) '( )*
INDIVIDUALS
TOTAL $ IN FINES
for EMPLOYERS
AND / OR
INDIVIDUALS
COMPLETED
AND # OF
CASES
COMPLETED
$30,000.00 Plea - April 10
2000
Don MacDonald, being a manager or supervisor of
WEYERHAEUSER CANADA LTD., and Peter Metcalf, being a
manager or supervisor of WEYERHAEUSER CANADA LTD and
Joe Facey, being a manager or supervisor of Aspen Planers Ltd
Count 1: Don MacDonald, being a manager or supervisor of WEYERHAEUSER
CANADA LTD., and Peter Metcalf, being a manager or supervisor of
WEYERHAEUSER CANADA LTD and Joe Facey, being a manager or supervisor of
Aspen Planers Ltd did fail to ensure the proper instruction of workers under
their direction and control, namely Jeff Sproson and Albert Russell, in their
duties as welder/riggers operating a hydraulic boom crane in proximity to
energized high voltage electrical conductors, and did thereby fail to ensure that
their work was performed without undue risk, contrary to Section 8.20 and
Sections 75 (2) and 77(1) of the WCA
Acquitted
Aspen Planers Ltd did fail to adequately direct and instruct workers, namely Jeff
Sproson and Albert Russell, in the safe performance of their duties as
welder/riggers operating a hydraulic boom crane in proximity to energized high
voltage electrical conductors, contrary to Section 8.18 and Sections 75(2) and
77(1) of the WCA
Acquitted
Aspen Planers Ltd did cause to be operated equipment, to wit: a hydraulic boom
crane in proximity to energized high voltage electrical conductors, when they
had reasonable cause to believe that to do so would create an undue hazard to
the health or safety of any person, contrary to Section 8.24(1) and Sections
Acquitted
*0
"#$% *0 '( )*
INDIVIDUALS
TOTAL $ IN FINES
for EMPLOYERS
AND / OR
INDIVIDUALS
COMPLETED
AND # OF
CASES
COMPLETED
Aspen Planers Ltd being responsible for ascertaining the voltage and minimum
clearance distance required for overhead electric conductors, and for
maintaining the minimum clearance distance required where overhead electric
conductors are encountered in proximity to a work area, pursuant to Section
24.02 (1)(c) , did thereby fail to ensure that the requirements of Section 24.02(1)
were complied with, when workers Jeffrey Sproson and Albert Russell were
employed in their duties as welders / riggers operating a hydraulic boom crane
in proximity to overhead energized electric conductors, contrary to Sections
24.02(1)(c)(iii) and Sections 75(2) and 77(1) of the WCA
Acquitted
TOTAL $ IN FINES
for EMPLOYERS
AND / OR
INDIVIDUALS
DISPOSITION
$0.00 Acquitted - April
27 2000
SWARAN PATTAR, being a director, officer, manager or
supervisor of PATTAR CEDAR PRODUCTS LTD.
Count 1: SWARAN PATTAR, being a director, officer, manager or supervisor of
PATTAR CEDAR PRODUCTS LTD. did fail to ensure the adequate direction and
instruction of workers in the safe performance of their duties, by failing to
ensure the use of a fall protection system by those workers, contrary to IH&S
8.18. of and Sections 75(2) and 77(1) of the WCA
Conviction
PATTAR CEDAR PRODUCTS LTD. being responsible for the proper, instruction of
workers under their direction and control, did fail to ensure that their work was
performed without undue risk, by failing to ensure the use of a fall protection
system by those workers, contrary to IH&S 8.20 and Sections 75(2) and 77(1) of
theWCA
Conviction
/1
"#$% /1 '( )*
INDIVIDUALS
TOTAL $ IN FINES
for EMPLOYERS
AND / OR
INDIVIDUALS
COMPLETED
AND # OF
CASES
COMPLETED
PATTAR CEDAR PRODUCTS LTD. did fail to ensure that all safeguards, including
personal protective equipment necessary for the protection of workers, to wit: a
fall protection system as defined by Regulation 8.100 , were available and were
used by workers, contrary to Regulation 8.14 (3) and sections 75(2) and 77(1) of
the WCA
Conviction
TOTAL $ IN FINES
for EMPLOYERS
AND / OR
INDIVIDUALS
DISPOSITION
$15,000.00 Conviction - April
3 2000
Dan Saunders being a supervisor of Clearbrook Roofing Ltd. Count 1: Dan Saunders being a supervisor of Clearbrook Roofing Ltd. did fail to
ensure that a fall protection system as defined by OH&S Regulation 11.1 was
used when work was being done by workers at that place, and from which a fall
of three metres (10 feet) or more may occur, contrary to OH&S Regulation
11.2(1) and Sections 75(2) and 77(1) of the WCA
Stayed - failed to appear -
Oct 23 2000
Dan Saunders being a supervisor of Clearbrook Roofing Ltd. Count 2: Dan Saunders being a supervisor of Clearbrook Roofing Ltd. did fail to
ensure that workers were instructed in the fall protection system for that area,
and the procedures to be followed before allowing workers into that area were a
risk to falling existed contrary to OH&S Regulation 11.4 and 11.2(1) and
Stayed - failed to appear -
Oct 23 2000
/!
"#$% /! '( )*
INDIVIDUALS
TOTAL $ IN FINES
for EMPLOYERS
AND / OR
INDIVIDUALS
COMPLETED
AND # OF
CASES
COMPLETED
Dan Saunders being a supervisor of Clearbrook Roofing Ltd. Count 3: Dan Saunders being a supervisor of Clearbrook Roofing Ltd. being
responsible for the proper instruction of workers under their direction and
control, did fail to ensure that work was performed without undue risk, by failing
to ensure that workers used a fall protection system as required by OH&S
Regulation 11.2(1), contrary to OH&S Regulation 3.23 and Sections 75(2) and
77(1) of the WCA
Failed to appear - Oct 23
2000
$7,500.00 - Nov 16 2006
Court file 75625-2CT
TOTAL $ IN FINES
for EMPLOYERS
AND / OR
INDIVIDUALS
DISPOSITION
$22,500.00 Plea - Oct 23
2000
Convicted - Dan
Saunders Nov 16
2006 Court file
75625-2CT
RICK VERBAKEL AND HAROLD HENSHAW, doing business as
ALL WEATHERSTOP SEALANT SPECIALISTS, being an employer
Count 1: RICK VERBAKEL AND HAROLD HENSHAW, doing business as ALL
WEATHERSTOP SEALANT SPECIALISTS, being an employer, did fail to ensure the
adequate direction and instruction of worker Gheorghe Silica in the safe
performance of his duties of a caulker, contrary to OH&S Regulation sections
3.22 and 13.156 and section 75 (2) of the WCA
Particulars: as employer did fail to ensure the prior direction and instruction of
the worker in the proper use of a required fall arrest system while accessing
and using a vertically suspended boatswain's chair.
$7,000.00 2001 = 2
/+
"#$% /+ '( )*
INDIVIDUALS
TOTAL $ IN FINES
for EMPLOYERS
AND / OR
INDIVIDUALS
COMPLETED
AND # OF
CASES
COMPLETED
WEATHERSTOP SEALANT SPECIALISTS, being an employer, did authorise a
person, namely Gheorghe Silica, to operate equipment, to wit a vertically
suspended boatswain's chair and required fall arrest system, when that person
had not been adequately instructed and trained in the use of that equipment,
and had not demonstrated an ability to safely operate the equipment, contrary
to OH&S
Regulation sections 4.10(2) and 13.156, and section 75 (2) of the WCA
Stayed
WEATHERSTOP SEALANT SPECIALISTS, being an employer, did fail to have a
written fall protection plan for a workplace, and available at that workplace at
822 Homer street, in the City of Vancouver, in the Province of British Columbia,
contrary to OH&S Regulation section 11.3(1) and section 75 (2) of the WCA
Particulars: As employer did fail to provide a fall protection plan for a workplace,
specifying the fall hazards expected, and the procedures for the assembly and
use of the fall protection system, prior to work involving a risk of falling to
workers at that workplace.
Stayed
TOTAL $ IN FINES
for EMPLOYERS
AND / OR
INDIVIDUALS
DISPOSITION
$7,000.00 Plea - Jan 24
2001
/,
"#$% /, '( )*
INDIVIDUALS
TOTAL $ IN FINES
for EMPLOYERS
AND / OR
INDIVIDUALS
COMPLETED
AND # OF
CASES
COMPLETED
Perry M. Smith, being the president and director of ancient
Mariner Awning and Signs Ltd a registered employer in the
Province of BC
Count 1: Perry M. Smith, being the president and director of Ancient Mariner
Awning and Signs Ltd a registered employer in the Province of BC did thereby
obstruct or interfere with the officer in the exercise of his functions inspecting
and inquiring with respect to health and safety matters at a place of
employment of the registered employer contrary to Section 71(8) of the WCA
Particulars: Did refuse, when requested by the Board officer to provide the full
names of or other identification for the workers of the registered employer, and
did refuse to identify the workers of the registered employer, who were working
at that place of employment, where a worker was observed by the Board officer
to not be wearing required fall protection
$2,000.00
TOTAL $ IN FINES
for EMPLOYERS
AND / OR
INDIVIDUALS
DISPOSITION
$2,000.00 Plea - Jan 5 2001
None Count 1: None None 2002 = 2
/-
"#$% /- '( )*
INDIVIDUALS
TOTAL $ IN FINES
for EMPLOYERS
AND / OR
INDIVIDUALS
COMPLETED
AND # OF
CASES
COMPLETED
TOTAL $ IN FINES
for EMPLOYERS
AND / OR
INDIVIDUALS
DISPOSITION
$12,000.00 Conviction - Feb
5 2002
William Reimer being a manager or supervisor of Bonus
Resource Services Corporation
Count 1: William Reimer being a manager or supervisor of Bonus Resource
Services Corporation did cause to be operated an industrial process, to wit the
servicing and decommissioning of an Ampscot D640-305-168 pumping unit and
did thereby fail to operate that industrial process in accordance with the
manufacturer's recommendations and instructions, contrary to OH&S Regulation
Section 12.9 and sections 75(2) and 77(1)of the WCA
Acquitted
/.
"#$% /. '( )*
INDIVIDUALS
TOTAL $ IN FINES
for EMPLOYERS
AND / OR
INDIVIDUALS
COMPLETED
AND # OF
CASES
COMPLETED
Services Corporation being an employer, in the course of servicing and
decommissioning of an Ampscot D640-305-168 pumping unit did cause a
safeguard to be removed, namely a chain and boomer, while the equipment it
was safeguarding to wit, an elevated counter weight and crank of that pumping
unit, had not been isolated and effectively controlled in a manner preventing the
unexpected start up of that equipment or unexpected release of an energy
source related to that equipment, as required by OH&S Regulation section 10.2
and did thereby fail to lock out that equipment contrary to OH&S Regulation
section 12.8 and sections 75(2) and 77(1) of the WCA
Acquitted
Services Corporation having engaged in work activity, to wit the servicing and
decommissioning of an Ampscot D640-305-168 pumping unit through the
removal of the mule head attachment, and which activity may cause significant
risk of injury to workers, did fail to analyse the risks arising out of the work
activity and did thereby fail to implement safe work procedures for the hazards
created by that activity, contrary to OH&S Regulation Section 23.5 and Sections
Acquitted
/*
"#$% /* '( )*
INDIVIDUALS
TOTAL $ IN FINES
for EMPLOYERS
AND / OR
INDIVIDUALS
COMPLETED
AND # OF
CASES
COMPLETED
Services Corporation being responsible for the proper instruction of workers
under the supervisor's direction and control, did fail to ensure that their work, to
wit the servicing and decommissioning of an Ampscot D640-305-168 pumping
unit was performed without undue risk, contrary to OH&S Regulation Section
Acquitted
TOTAL $ IN FINES
for EMPLOYERS
AND / OR
INDIVIDUALS
DISPOSITION
$0.00 Acquitted - Feb
25 2002
John Ross (Butch) McMaster, being a director or an officer of
Ambroy Equipment Ltd
Count 1: John Ross (Butch) McMaster, being a director or an officer of Ambroy
Equipment Ltd at a barge known as the Apex 1 at or near Km. 61 Marilla at
Ootsa Lake, south of Fraser Lake (the "workplace") in the Province of BC, which
workplace was subject to a Stop Work Order issued by the Workers'
Compensation Board on October 27 2001, and confirmed in writing on October
30, 2001; did contravene that Stop Work Order by allowing work at a part of that
workplace, by allowing an unauthorized person, namely John Ross
(Butch)McMaster, to enter the Apex 1 barge, and did thereby commit an offence
contrary to Section 213(1) of the WCA
$5,000.00 2004 = 1
TOTAL $ IN FINES
for EMPLOYERS
AND / OR
INDIVIDUALS
DISPOSITION
$5,000.00 Plea - Oct 6 2004
//
"#$% // '( )*
INDIVIDUALS
TOTAL $ IN FINES
for EMPLOYERS
AND / OR
INDIVIDUALS
COMPLETED
AND # OF
CASES
COMPLETED
Ron Scott being a director, officer, manager or supervisor of
Scott Steel Ltd.
Count 1: Ron Scott being a director, officer, manager or supervisor of Scott Steel
Ltd while contracted to reconstruct a railway trestle type bridge, did fail to
ensure that all pertinent construction details including minimum specifications
for critical bracing components, and minimum temporary bracing requirements
were available at the job site during erection of bridge components to wit: steel
bents, contrary to IH&S Regulation 34.10(1)(a) and sections 75(2) and 77(1) of
the WCA
$15,000.00 2006 = 1
Scott Steel Ltd.
Ltd. did fail to ensure that a structure under construction to wit a railway trestle
type bridge was capable of withstanding the stresses likely to be imposed upon
it during construction including a 840 D.E.H. Locomotive Crane Number CN50430
under load, contrary to IH&S Regulation 8.02(1)(b) and sections 75(2) and 77(1)
of the WCA
Stayed
Scott Steel Ltd.
Ltd. during the erection of a partially assembled structure to wit a railway
trestle type bridge did fail to brace or otherwise secure that structure to
withstand a load likely to be imposed upon it, namely a 840 D.E.H. Locomotive
Crane Number CN50430 under load, contrary to IH&S Regulation 34.32 and
Stayed
Scott Steel Ltd.
Ltd. did fail to ensure the adequate direction and instruction of ironworkers in
the safe performance of their duties in erecting a steel bent with a Locomotive
Crane Number CN50430 during construction of a railway trestle type bridge,
contrary to IH&S Regulation 8.18 and sections 75(2) and 77(1) of the WCA
Stayed
/)
"#$% /) '( )*
INDIVIDUALS
TOTAL $ IN FINES
for EMPLOYERS
AND / OR
INDIVIDUALS
COMPLETED
AND # OF
CASES
COMPLETED
TOTAL $ IN FINES
for EMPLOYERS
AND / OR
INDIVIDUALS
DISPOSITION
$85,000.00 Conviction- Mar 8
2006
AARON DAVID GROENHUYSEN, BEING A SUPERVISOR Count 2: AARON DAVID GROENHUYSEN, BEING A SUPERVISOR did fail to ensure
that there were written procedures specifically for the worksite to ensure the
stability of equipment, to wit: a rubber tired Caterpillar skidder, contrary to
section 26.16 (2) of the OH&S Regulation and thereby did commit an offence
contrary to section 213 (1) of the WCA
Stayed
that a rubber tired Caterpillar skidder was not operated on a slope which
exceeded 35% contrary to section 26.16(3) of the OH&S Regulation and thereby
did commit an offence contrary to section 213(1) of the WCA
$20,000.00
/0
"#$% /0 '( )*
INDIVIDUALS
TOTAL $ IN FINES
for EMPLOYERS
AND / OR
INDIVIDUALS
COMPLETED
AND # OF
CASES
COMPLETED
that mobile equipment to wit: a rubber tired Caterpillar skidder, was operated
where its stability could be assured, contrary to section 26.54 of the OH&S
Regulation and thereby did commit an offence contrary to section 213(1) of the
WCA
Stayed
that a rubber tired Caterpillar skidder was used and operated in accordance
with safe work practices, contrary to section 4.3(1)(b)(ii) of the OH&S
Regulation and thereby did commit an offence contrary to section 213(1) of the
WCA
Stayed
AARON DAVID GROENHUYSEN, BEING A SUPERVISOR Count 10: AARON DAVID GROENHUYSEN, BEING A SUPERVISOR did fail to
ensure the health and safety of workers under his direct supervision, contrary to
section 117 (1) (a) of the OH&S Regulation, and thereby did commit an offence
contrary to section 113 (I) of the WCA
Stayed
)1
"#$% )1 '( )*
INDIVIDUALS
TOTAL $ IN FINES
for EMPLOYERS
AND / OR
INDIVIDUALS
COMPLETED
AND # OF
CASES
COMPLETED
ensure that workers under his direct supervision were made aware of all known
or reasonably foreseeable health or safety hazards in the area where they
worked, contrary to section 117 (2) (a) (i) of the OH&S Regulation, and thereby
did commit an offence contrary to section 213 (1) of the WCA
Stayed
ensure that workers under his direct supervision complied with section 26. 16
(Slope Limitations) or section 26.54 (Equipment Stability) of the OH&S
Regulation, contrary to section 117 (2) (a) (ii) of the OH&S Regulation and
thereby did commit an offence contrary to section 213 (I) of the WCA
Stayed
TOTAL $ IN FINES
for EMPLOYERS
AND / OR
INDIVIDUALS
DISPOSITION
$80,000.00 Plea - Jan 4 2008
)!
"#$% )! '( )*
INDIVIDUALS
TOTAL $ IN FINES
for EMPLOYERS
AND / OR
INDIVIDUALS
COMPLETED
AND # OF
CASES
COMPLETED
)+
"#$% )+ '( )*
INDIVIDUALS
TOTAL $ IN FINES
for EMPLOYERS
AND / OR
INDIVIDUALS
COMPLETED
AND # OF
CASES
COMPLETED
),
"#$% ), '( )*
INDIVIDUALS
TOTAL $ IN FINES
for EMPLOYERS
AND / OR
INDIVIDUALS
COMPLETED
AND # OF
CASES
COMPLETED
Ha Quan Truong and Thinh Huu Doan as supervisors Count 17: Ha Quan Truong and Thinh Huu Doan as supervisors did fail to
conduct a hazard assessment for a confined space, contrary to Sections
9.9(1)(a) of the Occupational
Health and Safety Regulation and 213(1) of the WCA
Stayed
Ha Quan Truong and Thinh Huu Doan as supervisors Count 18: Ha Quan Truong and Thinh Huu Doan as supervisors did fail to
conduct a hazard assessment for a work activity to be performed in a confined
space, contrary to Sections
9.9(1)(b) of the OH&S Regulation and 213(1) of the WCA
Stayed
)-
"#$% )- '( )*
INDIVIDUALS
TOTAL $ IN FINES
for EMPLOYERS
AND / OR
INDIVIDUALS
COMPLETED
AND # OF
CASES
COMPLETED
Ha Quan Truong and Thinh Huu Doan as supervisors Count 19: Ha Quan Truong and Thinh Huu Doan as supervisors did fail to identify
a confined space by a sign or other effective means which indicated the hazard
and prohibited entry by unauthorized workers, contrary to Sections 9.12 of the
OH&S Regulation and 213(1) of the WCA
Stayed
Ha Quan Troung and Thinh Huu Doan as officers and directors
and Vy Tri Truong as a director
Count 20: Ha Quan Troung and Thinh Huu Doan as officers and directors and Vy
Tri Truong as a director did fail to ensure that A-I Mushroom Substratum Ltd.
complied with the OH&S Regulation and Part 3 of the WCA, contrary to Sections
121 and 213(1) of the WCA
$15,000.00 - H Truong,
Counts 20 and 21;
$10,000.00 Thinh Doan,
Counts 20 and 25
Stayed - Vy Tri Truong
Ha Quan Truong and Van Thi Truong as officers and directors Count 21: Ha Quan Truong and Van Thi Truong as officers and directors did fail
to ensure that H.V. Truong Ltd. complied with the OH&S Regulation and Part 3 of
the WCA, contrary to Sections 121 and 213(1) of the WCA.
$5,000.00 - Van Thi
Truong;
H Troung refer fine Count
20
Ha Quan Truong and Van Thi Truong as owners of a workplace Count 22: Ha Quan Truong and Van Thi Truong as owners of a workplace did fail
to provide and maintain the land and premises that were being used as a
workplace in a manner that ensured the health and safety of persons at or near
the workplace, contrary to Sections 119(a) and 213(1) of the WCA
Stayed
Ha Quan Truong and Van Thi Truong as owners of a workplace Count 23: Ha Quan Truong and Van Thi Truong as owners of a workplace did fail
to comply with the Occupational Heath and Safety Regulation and Part 3 of the
WCA, contrary to Sections 119(c) and 213(1) of the WCA
Stayed
Ha Quan Truong as a supervisor Count 24: Ha Quan Truong as a supervisor did fail to comply with the
Occupational Heath and Safety Regulation and Part 3 of the WCA, contrary to
Sections 119(c) and 213(1) of the WCA
Stayed
).
"#$% ). '( )*
INDIVIDUALS
TOTAL $ IN FINES
for EMPLOYERS
AND / OR
INDIVIDUALS
COMPLETED
AND # OF
CASES
COMPLETED
Thinh Huu Doan as a supervisor Count 25: Thinh Huu Doan as a supervisor did fail to ensure the health and
safety of workers under his direct supervision, contrary to Sections 117(1)(a)
and 213(1) of the Workers Compensation Act
Thinh Doan refer fine info
in Count 20
Ha Quan Truong as a supervisor Count 26: Ha Quan Truong as a supervisor did fail to comply with the OH&S
Regulation and Part 3 of the WCA, contrary to Sections 1 17(1)(c) and 213(1) of
the WCA
Stayed
Thinh Huu Doan as a supervisor Count 27: Thinh Huu Doan as a supervisor did fail to comply with the OH&S
Regulation and Part 3 of the WCA, contrary to Sections 117( 1)(c) and 213(1) of
the WCA
Stayed
Ha Quan Truong as a supervisor Count 28: Ha Quan Truong as a supervisor did fail to ensure that the workers
under his direct supervision were made aware of all known or reasonably
foreseeable health or safety hazards in the area where they worked, contrary to
Sections 117(2)(a)(i) and 213(1) of the WCA
Stayed
Thinh Huu Doan as a supervisor Count 29: Thinh Huu Doan as a supervisor did fail to ensure that the workers
under his direct supervision were made aware of all known or reasonably
foreseeable health or safety hazards in the area where they worked, contrary to
Sections 117(2)(a)(i) and 213(1) of the WCA
Stayed
TOTAL $ IN FINES
for EMPLOYERS
AND / OR
INDIVIDUALS
DISPOSITION
)*
"#$% )* '( )*
INDIVIDUALS
TOTAL $ IN FINES
for EMPLOYERS
AND / OR
INDIVIDUALS
COMPLETED
AND # OF
CASES
COMPLETED
$350,000.00 Plea - Nov 25
2011

Summary of Court Convictions - WorkSafeBC - 1996-2011 Cases Completed 1996 To 2011

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Summary of Court Convictions - WorkSafeBC - 1996-2011 Cases Completed 1996 To 2011

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