Burnaby taxpayers could be on the hook for fines after a WorkSafeBC report found that the city failed to provide information that could have prevented the 2012 death of a construction worker.
The WorkSafeBC investigation report, obtained by the Burnaby NOW, shows that, as owners of the worksite, the City of Burnaby didn't provide contractor J. Cote & Son Excavating Ltd. with information on hazards that existed on the site.
A subsequent inspection report provided to the NOW by WorkSafeBC, states the city violated section 119 (b) of the Workers Compensation Act that dictates the owner of a worksite must give contractors any information that could identify or eliminate hazards to the health and safety of workers.
The report also found the City of Burnaby was in violation of section 3.10 of the Occupational Health and Safety Regulation, which requires anyone "who observes an unsafe or harmful condition" report it so that the unsafe conditions can be fixed.
The report details that on Oct. 11, 2012 two pipe-layers were installing a storm and sewer line in a laneway north of Edinburgh Street, near Gilmore Avenue, when a concrete retaining wall collapsed, killing Jeffrey Caron and severely injuring Thomas Richer, employees of J. Cote & Son.
The concrete wall, which was a freestanding wall, or gravity wall as it's referred to in the WorkSafe report, maintains its "stability by its own weight and is subject to overturning and/or moving outward."
On the day of the fatal accident, the wall became unstable after soil next to the wall was excavated.
According to the WorkSafeBC report, on the day of the incident Richer told his foreman that the retaining wall appeared to have shifted. The foreman told Richer not to worry about it. Less than 10 minutes later the wall fell down, crushing Caron and striking Richer. Both men were taken to hospital, but Caron did not survive his injuries.
Richer says J. Cote & Son should face criminal charges for its role in Caron's death.
"I think if they started putting charges on these guys, I bet you the companies would be a little more safer because they'd be afraid of going to jail for five years," he told the NOW. "They're going to make sure their job sites are run tight and by the book."
Richer started working for J. Cote shortly before the accident. Prior to that he had been a foreman at another construction company, where he worked for nearly 12 years.
If proper safety measures had been followed, Richer believes the accident could have been prevented.
"It's unfortunate that something like this here had to happened before they actually opened their eyes," he said.
WorkSafeBC issued inspection reports to both the City of Burnaby and J. Cote & Son Excavating Ltd. stating that there is enough evidence to impose fines to both parties could face stiff fines.
But when and if those fines will be issued is still up in the air, according to Megan Johnston, communications officer with WorkSafeBC.
Johnston told the NOW that penalty notices are issued after the investigators' and inspection reports are completed and there is no clear timeline when fines could be announced as they are still being considered.
How much the city, and in turn the taxpayers, could be on the hook for is still unknown. Fines issued by WorkSafe are calculated based on the payroll of the company or party at fault, Johnston said.
“A large company with a lot of employees would face a larger penalty than a small operation that has a handful of employees,” she added.
Burnaby Mayor Derek Corrigan told the NOW the city disagreed with WorkSafeBC’s findings.
“We disagree with the comments made by WorkSafeBC and we intend to appeal their decision,” Corrigan said. “I don’t want to comment any further given that we’re very strongly taking a position.”
