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Penalties - Primary Resources
Disclaimer: Revised November 2010
Administrative penalties are fines imposed on employers for health and safety violations of the Workers Compensation Act and/or the Occupational Health and Safety Regulation. The penalties--listed under the industry sectors below--show the date the penalty was imposed and the location where the violation occurred (not necessarily the business location). The registered business name is given as well as any "doing business as" (DBA) name.
The penalty amount is based on the nature of the violation, the employer's compliance history, and the employer's assessable payroll. Once a penalty is imposed, the employer has 90 days to appeal to the Review Division of WorkSafeBC. The Review Division may increase, maintain, reduce, or withdraw the penalty. Employers may then file an appeal within 30 days of the Review Division's decision to the Workers' Compensation Appeal Tribunal, an independent appeal body.
Listed under the industry sectors below, the fines indicate the penalties imposed prior to appeal, and they may not reflect the final penalty amount.
Primary Resources
Archive - Prior Penalties
Recent Penalties
Company: D.E.C. Tree Services Ltd.,/D.E.C. Tree Services, Whistler 
Classification unit: Ground skidding, horse logging, or log loading
Amount: $2,959.78
Date of penalty: September 29, 2011
This firm's worker was driving a pickup truck without wearing a seatbelt. A WorkSafeBC officer informed the worker of the regulatory requirement to wear a seatbelt, but the worker refused to put one on. The employer was also in the truck at the time. The employer failed to provide the information, instruction, training, and supervision necessary to ensure both the health and safety of its worker, and compliance with legislative requirements. These were repeated violations.
Prior Penalties in Date Order
Company: Sarbjit Sharma / Rajan Contractors, Delta
Classification unit: Greenhouse
Amount: $17,247.28
Date of penalty: July 26, 2011
This employer offered a worker money in exchange for the worker not filing a claim with WorkSafeBC. This attempt to persuade a worker not to report an injury to WorkSafeBC is a violation of the Workers Compensation Act. The worker's eyes were injured when bleach from a bucket splashed into the worker's face.
Company: Dee Gainer, Williams Lake
Classification unit: Manual tree falling and bucking
Amount: $2,500
Date of penalty: July 26, 2011
While falling trap trees, this employer's worker was fatally struck by part of a dangerous tree that broke off at a rotten area. The employer failed to provide the worker with the information, instruction, training, and supervision necessary to carry out safely the work of felling trap trees. Dangerous trees were not removed before felling live trees, and written safe work procedures were not developed. The employer did not ensure that the worker was qualified or that the work of falling trap trees was within his documented and demonstrated capabilities. Further, there was no effective means to summon assistance at this workplace.
Company: Krysztof Machaj, Bella Bella
Classification unit: Dive fishing
Amount: $2,500
Date of penalty: July 18, 2011
This employer failed to comply with WorkSafeBC orders issued as a result of multiple safety violations. The employer did not ensure that two divers had current medical certifications before starting diving operations, and he did not keep each diver's medical certification at the dive site as required. On board the employer's vessel, the air supplied by compressors, used for breathing air in diving operations, had not been tested as required. The employer also failed to provide at the dive site all the equipment and information required, including the location and phone number of the nearest hospital, a first aid kit, and an oxygen therapy unit.
Company: Kave Ventures Ltd., Hope
Classification unit: Integrated forest management
Amount: $29,207.55
Date of penalty: July 8, 2011
This firm's worker was fatally struck by a grapple hook or a choker cable. He was in an area where the grapple yarder operator could not see him or the log that needed to be removed from a hillside. The worker used his radio to direct the operator to swing the grapple hook. However, the worker was not in the clear when the operator made a blind throw. The worker was a new worker and had been working with the firm only a few days before the incident occurred. The firm failed to provide the worker with adequate instruction, training, and supervision to ensure his safety and as required by regulation for new workers. The firm had not developed safe work procedures for grapple yarding operations to protect workers from a high-risk hazard.
Company: High Power Nursery Ltd., Abbotsford
Classification unit: Farm labour supply or farm services
Amount: $6,477.01
Date of penalty: July 7, 2011
This firm failed to ensure that the driver of a bus used to transport workers was properly licensed. This was a repeated violation.
Company: Francesco Aquilini & Roberto Aquilini & Elisa Aquilini, et al., Pitt Meadows
Classification unit: Berry farming
Amount: $62,701.61
Date of penalty: May 12, 2011
This firm failed to maintain in safe operating condition the farm vehicles it uses to transport workers. The firm also failed to ensure that a worker who operated one of its vehicles was properly licensed.
Company: Francesco Aquilini & Roberto Aquilini & Elisa Aquilini, et al., Pitt Meadows
Classification unit: Berry farming
Amount: $62,701.61
Date of penalty: May 12, 2011
One of this firm's workers suffered a serious leg injury when he was struck by a large steel wall unit. He and another worker were removing the wall unit when it unexpectedly fell. The injured worker then had to wait a long time for the first aid attendant because the firm failed to provide an effective means of communication between the designated first aid attendant and the workers assigned to remove the steel wall unit. This was a repeated violation of the requirement to provide an effective means of communication between workers and first aid attendants. The firm also failed to provide its workers with the information, instruction, training, and supervision necessary to ensure their safety.
Company: Brinkman and Associates Reforestaton Ltd., Bella Bella
Classification unit: Tree planting or cone picking
Amount: $2,593.85
Date of penalty: May 12, 2011
Seven of this firm's workers were travelling by marine vessel to a remote logging site when the vessel took on water. Three of the workers jumped into the water without personal flotation devices (PFDs) or lifejackets. The cold water and high waves presented a high risk of drowning. One worker managed to climb back on board, but the other two workers drowned. The firm failed to ensure that the marine vessel was inspected both before initial use and at appropriate intervals to ensure its seaworthiness for the safe transport of workers. It did not ensure that the vessel was equipped with all the required life-saving equipment. Repairs were needed throughout the vessel, and seriously damaged equipment ultimately allowed seawater to flow onto the deck.
Company: Khaira Enterprises Ltd., Golden
Classification unit: Tree planting or cone picking
Amount: $9,122.75
Date of penalty: March 25, 2011
This firm failed to comply with numerous requirements of the Occupational Health and Safety Regulation in its forestry operations. For example, it allowed workers to walk on logs and logging debris without caulked or other effective footwear. It allowed workers to operate all-terrain vehicles without the proper training and without wearing the required headgear. It also failed to conduct a risk assessment for its remote work locations where workers may need to be rescued or evacuated. These are only some of the firm's safety violations.
Company: Ensign Drilling Partnership, Fort Nelson
Classification unit: Oil drilling or gas drilling
Amount: $75,000
Date of penalty: February 25, 2011
Five of this firm's workers were not wearing their seat belts as required while riding in a crew transportation vehicle. The firm failed to provide its workers with the instruction and supervision necessary to ensure their safety.
Company: M. & J. Dhaliwal Green Acres Vegetable Farm Ltd., Kamloops
Classification unit: Vegetable farming
Amount: $11,351.47
Date of penalty: February 11, 2011
WorkSafeBC issued a stop work order after a barn collapsed at this firm's workplace. The firm violated this order on three separate occasions by carrying on work to rebuild the barn.
Company: Settle Holdings Ltd., Kaslo
Classification unit: Integrated forest management
Amount: $9,724.28
Date of penalty: January 4, 2011
A hooktender at a logging site had hooked together four logs so that they could be dragged down to a landing by means of a slack-line cable yarding system. When he gave the go-ahead voice command to the yarding operator to move the logs downhill, one of the log ends hit a stump and swung out sideways, striking the hooktender in the back. He sustained numerous fractures and a concussion. The firm did not ensure that the worker moved the required safe distance away from the logs to avoid being struck. The firm also failed to provide its worker with the information, instruction, training, and supervision necessary to ensure his safety.
Company: P & D Logging Ltd., Grand Forks
Classification unit: Integrated forest management
Amount: $21,984.43
Date of penalty: December 7, 2010
This employer allowed several of its logging truck drivers to transport logs across a bridge whose rated capacity had been significantly reduced after a professional engineer identified structural deficiencies. This was a violation of the requirement to inform workers of all known safety hazards.
Company: AI Contracting Ltd., Williams Lake
Classification unit: Integrated forest management
Amount: $6,207.27
Date of penalty: December 6, 2010
This firm failed to ensure that the barrier behind the cab of its logging truck was permanently marked with the manufacturer's name and address, the barrier's model or serial number, and its rated capacity in terms of cargo weight. This was a repeated violation of the requirements for logging truck barriers.
Company: Le Nehyo Contracting Ltd., Tumbler Ridge
Classification unit: Seismic exploration
Amount: $2,547.30
Date of penalty: November 19, 2010
This firm's worker was seriously injured when he was struck by a tree. The spruce tree he had cut down fell onto another tree, which then broke and struck him. The firm did not ensure that the worker performed his work safely according to the Occupational Health and Safety Regulation and the BC Faller Training Standard. It did not ensure that the intended direction of the falling tree was free of obstructions and that a safe escape route was prepared in advance. The firm failed to ensure the health and safety of its worker.
Company: CGG Veritas Services (Canada) Partnership, Tumbler Ridge
Classification unit: Seismic exploration
Amount: $68,927.17
Date of penalty: November 19, 2010
A faller was seriously injured at this multiple-employer workplace when he was struck by a tree. The spruce tree he had cut down fell onto another tree, which then broke and struck him. Violations occurred at this workplace related to supervising falling activity as well as inspecting and correcting substandard falling methods. As the prime contractor, this firm failed to do everything reasonably practicable to establish and maintain a system or process in the workplace to ensure compliance with the Workers Compensation Act and the Occupational Health and Safety Regulation.
Company: Western Forest Products Inc., Gold River
Classification unit: Integrated forest management
Amount: $75,000
Date of penalty: October 29, 2010
Two of this firm's workers were falling trees within a two tree-length radius of one another. One of the fallers cut down a tree that struck the other faller, inflicting fatal injuries. The firm failed to ensure that its fallers worked the required two tree-length distance from each other, and it failed to provide its workers with adequate supervision and instruction.
Company: Collett & Son Contracting / Collett Tree, Stump, & Arboriculture, Prince George
Classification unit: Brushing and weeding or tree thinning or spacing
Amount: $2,500
Date of penalty: October 22, 2010
This firm allowed its workers to use unsafe methods for cutting down trees. For example, it allowed the use of sloping cuts, contrary to safe falling procedures. One of its workers was at risk of being struck by a tree when the area around the tree wasn't cleared as required. The firm also failed to provide a safe escape route by brushing out the areas around trees that were being felled. These were high-risk violations of the Occupational Health and Safety Regulation.
Company: Marine Harvest Canada Inc., Kelmtu
Classification unit: Fin fish farming
Amount: $75,000
Date of penalty: June 3, 2010
A worker was fatally injured while diving to recover dead fish from a pen at this firm's fish farm. As he ascended rapidly to the surface from a depth of 31.5 m (103 ft.), he experienced an air embolism, then lost consciousness and drowned. As the prime contractor of a multiple-employer workplace, this firm failed to coordinate the health and safety activities of employers, workers, and others at the workplace, and it failed to establish and maintain a system to ensure compliance with the Workers Compensation Act and the Occupational Health and Safety Regulation.
Company: M.R. Adama Enterprises Ltd., Port McNeill
Classification unit: Logging road construction or maintenance
Amount: $6,862.40
Date of penalty: May 31, 2010
This firm's worker was fatally injured when he was struck by a tree. High winds blew the tree down from the steep slope above him. The worker was part of a crew conducting blasting operations in hazardous terrain. The firm failed to ensure the health and safety of the workers at the worksite.
Company: Truong's Enterprises Ltd., Langley
Classification unit: White mushroom farming
Amount: $18,641.22
Date of penalty: April 20, 2010
This firm's worker sustained a skull fracture after falling about 1.5 to 2 m (5 to 6 ft.) from a mobile work platform. The platform was not equipped with a fall protection system. This was a violation of the requirement to install guards or guardrails around areas accessed by workers that are 1.2 m (4 ft.) or more above grade.
Company: Tamihi Logging Company Ltd., Harrison Hot Springs
Classification unit: Integrated forest management
Amount: $27,121.96
Date of penalty: February 8, 2010
This employer allowed loaded logging trucks to cross a logging bridge that needed repairs to make it safe for log hauling. The logging trucks exceeded by far the rated capacity of the bridge. The employer failed to ensure that the bridge was constructed and maintained as required by the Occupational Health and Safety Regulation.
Company: Lasqueti Steeler Fishing Co. Ltd., Parksville
Classification unit: Seine fishing
Amount: $2,500
Date of penalty: January 19, 2010
This employer's president obstructed a WorkSafeBC safety officer from inspecting its fishing vessel.
Company: Grieg Seafood B.C. Ltd., Egmont
Classification unit: Fin fish farming
Amount: $32,598.09
Date of penalty: January 6, 2010
A worker slipped and fell into a fish-cleaning vat, seriously injuring an arm when it got caught in the vat's rotating auger. This employer failed to develop and enforce lockout procedures, to provide a suitable work platform, and to ensure that machinery and equipment is fitted with adequate safeguards. The employer also failed to provide workers with effective instruction, training, and supervision.
Company: Nabors Canada ULC / Nabors Canada LP, Chetwynd
Classification unit: Oil or gas drilling
Amount: $97,500
Date of penalty: December 29, 2009
A worker was dismantling a drilling rig when he fell about 4 m (13 ft.) onto rig matting, sustaining a serious injury. This firm failed to ensure the use of a fall protection system as required by the Occupational Health and Safety Regulation. It failed to provide its workers with the information, instruction, training, and supervision necessary to ensure their health and safety.
Company: Coastal Edge Timber Company Ltd., Chilliwack
Classification unit: Manual tree falling and bucking
Amount: $2,500
Date of penalty: September 24, 2009
This employer failed to ensure the health and safety of its workers and other workers at the workplace where its work was being done. The employer's contractor struck and severed a 25-kV overhead power line. The employer had failed to provide the contractor with information on safe work procedures around high-voltage power lines. In addition, the employer did not ensure that a certified utility arborist was on site, nor did it obtain an Assurance of No Reclose Permit (a required electrical permit) to ensure that the line would not re-energize itself after a tree struck and severed it.
Company: Nabors Canada ULC, Fort Nelson
Classification unit: Oil drilling or gas drilling
Amount: $250,000
Date of penalty: September 8, 2009
A young worker was killed when he fell from a drilling rig's monkey board (work platform) after the rig became engulfed in flames as a result of an uncontrolled release of gas from the wellbore. This firm failed to ensure that the emergency escape system provided a quick and unimpeded exit. It also failed to make its workers aware of all known or reasonably foreseeable health or safety hazards.
Company: Dakota Contracting Ltd., Dawson Creek
Classification unit: Integrated forest management
Amount: $25,943
Date of penalty: April 23, 2009
Fatality. This employer failed to adequately supervise a worker in the safe performance of duties, to ensure that equipment was repaired in accordance with manufacturer's instructions, and to shut down all mobile equipment before maintenance.
Company: RHA Enterprises Ltd., Abbotsford
Classification unit: Farm labour supply or farm services
Amount: $69,801
Date of penalty: January 29, 2009
Three workers were killed and 14 others were injured in a motor vehicle accident involving a farm worker transport vehicle. The vehicle was not equipped with the required number of seatbelts, was not maintained according to the manufacturer's recommendations, and carried two more passengers than the number for which it was designed. Furthermore, the driver of the vehicle did not hold the appropriate licence for transporting these workers.
Company: Thibault Logging Ltd., Gold River
Classification unit: Integrated forest management
Amount: $3,579
Date of penalty: December 15, 2008
A mechanized falling machine (feller-buncher) was falling trees within one tree length of an active highway. As well, no signage or traffic control system was in place to warn drivers of the falling activities. The employer was penalized for failing to observe the two tree length rule and for failing to provide the employer's workers with the information, instruction, 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 that workplace.
Company: Jackpine Forest Products Ltd., (Bkr), Williams Lake
Classification unit: Wooden component manufacture (not elsewhere specified)
Amount: $51,618
Date of penalty: May 12, 2008
Failure to provide workers with the information, instruction, training, and supervision necessary to ensure the health and safety of those workers in carrying out their work with respect to lockout and the safe operation of the equipment.
Company: Derek Kovacic & John N. Verdonk, Port Mellon
Classification unit: Manual tree falling and bucking
Amount: $2,500
Date of penalty: May 8, 2008
Before cutting down trees, workers failed to remove dangerously leaning and snagging cedar and hemlock trees in the vicinity, exposing themselves to the risk of being hit by the dangerous trees or their branches. In addition, stumps on the site revealed other unsafe falling practices. This firm also failed to comply with previous orders within a reasonable time.
Company: M & A Greenhouse Services Ltd., Delta
Classification unit: Greenhouse
Amount: $66,858
Date of penalty: March 17, 2008
Multiple violations of the same sections of the Occupational Health and Safety Regulation and numerous violations of different sections of the Regulation, all indicating a lack of commitment toward compliance with respect to transporting farm workers.
Company: Fedje and Gunderson Contractors Ltd., Nanaimo
Classification unit: Manual tree falling and bucking
Amount: $6,714.45
Date of penalty: January 18, 2008
This firm allowed tree falling to be conducted directly under standing danger trees. In addition, the supervisor led three workers into an area made dangerous by a cut-up tree.
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