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WorkSafeBC 2006 penalty report
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Richmond, B.C., February 5, 2007 — In 2006, WorkSafeBC imposed more than $1.5 million in penalties against 74 employers for violations of the Occupational Health and Safety Regulation (OH&S Regulation) and the Workers Compensation Act. A summary of the top eleven penalties, detailing the employer, the nature of the violation, and amount of each penalty is attached.
Individual penalties ranged from $1,750 up to $195,000. In total, 154 penalties were recommended (in process) or imposed against employers in 2006.
“WorkSafeBC would be the first to acknowledge that when the penalty provisions of the law are invoked — we've all failed,” said Roberta Ellis, vice president of the Policy, Investigations and Review Division at WorkSafeBC. “In many circumstances these penalties are associated with a workplace fatality or serious injury — and our primary focus must be the prevention of these tragedies.”
WorkSafeBC penalizes where there has been a serious and/or repeated violation of occupational health and safety laws and regulations; where a sanction is required to motivate the specific employer to comply with the law; and where the sanction can act as a deterrent for others.
“Unfortunately, we continue to have major concerns about fall protection, and lockout, and continued failures to ensure that training and supervision are addressed. The consequences can be serious and they can be fatal. Workplace parties have to understand and fulfill their legal responsibilities — it can be a matter of life and death,” added Ellis.
Penalties imposed may be appealed to the Review Division of WorkSafeBC and employers can appeal Review Division decisions to an external and independent appeal body — the Workers' Compensation Appeal Tribunal. Approximately 90 percent of penalties are upheld on appeal.
There was a 66 percent increase in the number of penalties recommended in 2006 compared to 2005 and a 50 percent increase over 2004. Penalty totals were slightly higher in the previous two years (approximately $1.8 million each year); however penalty amounts will vary year over year due to the size of employers penalized (employers with larger payrolls are assessed higher penalties) and the seriousness of the violations. In certain circumstances, claim costs may be applied in addition to the penalty; and in extraordinary circumstances, WorkSafeBC has the ability to go beyond prescribed limits and increase the penalty amount. By law, WorkSafeBC may penalize up to $519,000.00.
More information on the eleven highest penalties can be found at www.worksafebc.com.
WorkSafeBC is an independent provincial statutory agency governed by a Board of Directors that serves nearly two million workers and about 186,000 employers. WorkSafeBC was born out of a compromise between B.C.'s workers and employers in 1917 where workers gave up the right to sue their employers and fellow workers for injuries on the job in return for a no-fault insurance program fully paid for by employers. The organization is committed to safe and healthy workplaces and to providing return-to-work rehabilitation and legislated compensation benefits.
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Donna Freeman
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