Lawyer’s review of sawmill blasts calls for streamlined investigations
Changes that make it easier for workers to report safety infractions also recommended
A report reviewing responses by the provincial government and WorkSafeBC after two fatal sawmill explosions is calling for a more streamlined investigative process and new ways for workers to report safety concerns.
Two people died and 19 were injured in an explosion at Babine Forest Products in Burns Lake in January 2012.
Three months later, two people died and 44 were injured in a similar explosion at Lakeland Mills in Prince George.
Vancouver lawyer Lisa Helps was asked to assess how worker safety recommendations were implemented in the aftermath of the explosions.
In her 54-page report, Helps says all the recommendations made in reports stemming from the incidents have been implemented, or partly implemented, and the changes have been largely effective and positive.
They include two reports commissioned in 2014 as well as 2015 reviews by the B.C. Coroners Service.
However, Helps recommends establishing a confidential database where workers can report safety infractions and designating a worker ombudsperson at WorkSafeBC.
She also calls for restructuring investigative teams to join compliance and quasi-criminal investigators and empowering them to make independent decisions about charge approval submissions.
“The change would make investigations faster, comprehensive and more likely to proceed to prosecution,” she says in the report.
The United Steelworkers has previously accused WorkSafeBC, formerly known as the Workers’ Compensation Board, of mishandling its part of the investigation in a way that prevented criminal charges from being laid in either case.
Helps recommends amending the Workers’ Compensation Act to remove oversight and approval for charges from WorkSafeBC’s purview and to allow victim-impact statements.
“When a prosecution results in a conviction, victim impact statements will give a voice to the affected worker, and publication will allow for all employers to learn about the hazards of ignoring workplace safety,” the report says.
Affirming the independence of the investigative unit would ensure they’re not subject to an appearance of bias.
New search-and-seizure powers would ensure judicially obtained warrants preserve the integrity of exhibits and investigations, the report says.
The United Steelworkers issued a statement urging the government to implement Helps’ 11 recommendations.
Steve Hunt, District 3 director for the union, said the recommended amendments to the Occupational Health and Safety Regulation would bolster workers’ fundamental rights to refuse unsafe work, rights to health and safety, and rights to know the hazards they face.
Workers are often too intimidated to report concerns directly to a boss, especially when they don’t have the backing of a union, he said, so an independent reporting system and ombudsperson would make reporting more likely.
Helps’ report says the ombudsperson could assist workers, explain procedures and processes, and provide a bridge to WorkSafeBC for workers’ continuing input into safety processes.
Continuing training for police officers and Crown counsel for workplace criminal investigations, and designating police contacts from criminal offences involving workplace deaths, would also strengthen the integrity of workplace investigations, Hunt said.
In recommending a single independent investigative team, Helps says the current dual-team approach isn’t working.
WorkSafeBC said in a statement it’s reviewing Helps’ report and recommendations.