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Toba project incurs highest penalty

Agency imposes fines for serious violations of regulations

A company hired to build a run-of-river facility in Toba Valley north of Powell River received the highest penalty from WorkSafeBC in 2011.

Peter Kiewit Infrastructure Company was fined $250,000 in connection to the February 2009 death of a 24-year-old worker. Samuel Fitzpatrick was crushed by a large rock that came loose as he was hand drilling a boulder to prepare it for blasting.

The company allowed work to proceed without first clearing loose material uphill that had the potential to dislodge and inflict injury, according to a WorkSafeBC summary of the incident. “Unstable material at the worksite had been repeatedly identified in risk assessments,” the summary stated. “The firm failed to provide its workers with adequate instruction and training for the land clearing work. It also failed to ensure effective supervision at the worksite in spite of the presence of several supervisors.”

Kiewit has appealed the penalty and the case remains under review. The company declined to comment.

WorkSafeBC imposed 352 penalties totalling $4.8 million in 2011, a 55 per cent increase over 2010. The 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 them 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.”