Published on: February 28, 2012

Richmond, B.C. — In 2011 WorkSafeBC imposed 352 penalties, totaling $4,883,489.89 against employers for violations of the Occupational Health and Safety Regulation and the Workers Compensation Act.

The 352 penalties were imposed against 289 individual employers, with penalty amounts ranging from $700 to $250,000. A total of 16 penalties involved work-related fatalities.

"Monetary penalties are imposed on employers for repeated or serious violations of occupational health and safety regulations and to motivate to comply with their legal responsibilities," said Jeff Dolan, Director of Investigations for WorkSafeBC. "An employer is not penalized if they have taken all reasonable steps to prevent risks to their workers."

The highest penalty in 2011 was imposed against Peter Kiewit Infrastructure Co. for an incident in which a worker was fatally struck by a rock estimated to be over 1.5 m in diameter. The firm had allowed work to proceed without clearing loose material uphill. Unstable material had been identified in risk assessments; and the firm had failed to adequately train workers for the land clearing work. Peter Kiewit Infrastructure was fined $250,000.

Asbestos-related penalties

In recent years WorkSafeBC has directed a more intensive focus on the industries that present the highest risk to workers and on employers for whom compliance is known to be an issue — such as contractors and consultants involved in residential asbestos removal and demolitions.

WorkSafeBC has identified a network of contractors and consultants whose substandard practices — improperly identifying and/or unsafely removing asbestos — continue to put workers at risk. In the Lower Mainland an estimated 300 homes are demolished each month, many of which are likely to contain asbestos if built prior to the mid-1990s.

In 2011, WorkSafeBC developed a team of eight prevention officers to focus on continued non-compliance in residential demolition and asbestos abatement. About 15 percent (54) of the penalties imposed in 2011 were for asbestos- or hazardous materials-related violations — the vast majority of which were for companies doing residential demolition and asbestos abatement.

About penalties

WorkSafeBC applies a penalty 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.

Penalty amounts 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. The maximum penalty amount is adjusted yearly – in 2011 it was $579,648.26.

Review and Appeal

Penalties imposed may be appealed to the Review Division of WorkSafeBC and parties can appeal Review Division decisions to an external and independent appeal body — the Workers’ Compensation Appeal Tribunal. Approximately two-thirds of penalties are not appealed; and of those penalties that are appealed approximately 90 percent are upheld.

The status of any appeal is included in the 2011 penalty list.

Enforcement

Administrative penalties are not the only means to motivate an employer to comply with the Regulation and the Act. Following is a list of WorkSafeBC’s enforcement activities in 2011:

• 38,871 inspection reports issued
• 63,538 orders written
• 146 investigations completed (includes fatal and serious injury investigations only)
• WorkSafeBC has prioritized enforcement in recent years, significantly increasing the number of compliance and safety officers: to 244 in 2011 from 185 in 2004 to – a 33% increase.

WorkSafeBC officers include investigations officers who investigate fatal and serious workplace health and safety incidents, and occupational safety and hygiene officers who conduct inspections, respond to incidents reported to WorkSafeBC, and provide consultation and education to help achieve compliance.

Though infrequent, WorkSafeBC can, and does, refer cases to the Crown to consider for prosecution. The Crown may consider it in the public interest to pursue formal charges rather than motivate compliance through administrative remedies

WorkSafeBC is an independent provincial statutory agency governed by a Board of Directors that serves about 2.3 million workers and more than 200,000 employers. WorkSafeBC was born from a historic compromise between B.C.’s workers and employers in 1917. Under that compromise, workers gave up the right to sue their employers and fellow workers for injuries on the job, and, in return, employers funded a no-fault insurance system. WorkSafeBC is committed to safe and healthy workplaces, and to providing return-to-work rehabilitation and legislated compensation benefits.

---

Contact:

Media and Government Relations
Tel.: 604.276.3113