babine inspection report 04/02

6951 Westminster Highway, Richmond, BCMailing Address: PO Box 5350, Vancouver BC, V6B 5L5Telephone 604 276-3100 Toll Free 1-888-621-7233 Fax 604 276-3247

INSPECTION REPORTWorker and Employer Services Division

IR 201412868001A Printed: Apr 2, 2014 10:20 of 6

The Workers Compensation Act requires that the employer must post a copy of this report in a conspicuous place at or near the workplace inspectedfor at least seven days, or until compliance has been achieved, whichever is the longer period. A copy of this report must also be given to the jointcommittee or worker health and safety representative, as applicable.

Inspection Report #201412868001A

Employer Name Jobsite Inspected Scope of Inspection

BABINE FOREST PRODUCTS LIMITED BABINE FOREST PRODUCTS19479 Highway 16 eastBurns Lake BC

Not Applicable

Date of Initiating Inspection Date of This Inspection Delivery Date of This Report Delivery Method

Apr 02, 2014 Apr 02, 2014 Apr 02, 2014 In Person

THERE ARE TWO (2) ORDERS OUTSTANDING

ACTION REQUIRED

Summary of OrdersSee “Orders – Full Details” section of this Inspection Report for orders cited

Order No.1 o Status: Outstanding Cited: WCA196(1)


ORDER STATUS LEGEND

Order Status Description

Outstanding Order Outstanding - Action Required to Achieve Compliance

Complied Compliance Achieved - No Further Action Required

Closed Order Could Not be Followed Up – No Further Action Required

Rescinded Order has been cancelled – No Further Action Required



201412868001A


INSPECTION NOTES

ORDER FOR ADMINISTRATIVE PENALTY (RFS-201400188) AND CLAIMS COST LEVY

During the afternoon shift on January 20, 2012, there was an explosion at the Babine Forest Products Limited sawmill atapproximately 20:07. A large fireball burst through the roof at the northeast side of the mill, the explosion traveled east to westthrough the operating and basement levels of the sawmill. Fire spread throughout the premises, completely destroying the mill.Two workers were killed in the explosion and more than 20 others were injured.

It is my finding that, Babine Forest Products Limited (the Employer), was not in compliance with the Regulation and the WorkersCompensation Act by failing to implement and adopt reasonable precautions to prevent injury and death to their workers. Theseviolations are set out in the Inspection Report #2014128680252 and these are summarized here:

• Babine Forest Products Limited was aware that their wood dust collection system was inadequate.• Babine management was aware of the additional problems with milling beetle-killed pine timber.• Babine was aware that their waste conveyor system was inadequate.• Babine continued to increase production creating more wood dust and debris.• Babine was knowledgeable regarding the increase in wood dust and debris from the beetle-killed wood.• Babine was aware that this dry wood dust could migrate into their electrical cabinets and that it could explode in these cabinets ifignited.• Babine had previously experienced a dust explosion in the sawmill with significant property damage.• Babine had reduced the effectiveness of the already inadequate dust controls by moving dust control systems away from oneside of the sawmill to the other, failing to complete modifications to make the system effective, failing to provide effectivealternatives while the existing system was in transition, turned off exhaust fans, blocked sources of natural ventilation by closingwindows.• Failing to adequately control dust levels and keep the mill adequately clean.• Failing to effectively inspect all areas of the workplace to prevent dust accumulations and potential ignition situations.

Upon consideration of all available evidence, and in accordance with section 196 of the Act and applicable Prevention Policy,WorkSafeBC is imposing an administrative penalty because the Employer:1. has failed to take sufficient precautions for the prevention of work related injuries or illnesses;2. has not complied with Sections 115(1), 115(2)(a) of the Act, or Sections 3.5, 4.41, and 5.81 of the Regulation;3. has not maintained a safe workplace or safe working conditions; and4. did not exercise due diligence to prevent these circumstances.

The amount of the penalty is $97,500.00 and was determined in accordance with Prevention Policy D12-196-6 based on thefollowing:1. the Employer's payroll; and2. the nature of the violations (determined to be a Category A penalty); and3. other circumstances supporting a variation of the penalty amount upward by 30%.

WorkSafeBC has also determined that a claims cost levy will be imposed on Babine Forest Products Limited for the followingreasons:1. failure of this Employer to adopt reasonable means for the prevention of injuries, deaths or occupational disease, and2. failure of this Employer to comply with orders or directions of the Board, or with the Regulations.

Pursuant to section 73(1) of the Workers Compensation Act, WorkSafeBC is imposing a claims cost levy in the amount of$914,139.62.

The Employer, a worker, a union, or other person identified under section 96.3 of the Act who is directly affected by this decisionmay request a review of the decision by the Review Division of WorkSafeBC.

If you wish to request a review you must notify the Review Division in writing within 90 days of the date on this report. A Request



201412868001A


for Review does not act as a stay or suspend the operation of this Order. Further information about the Review Division and aRequest for Review Form can be found online at:

http://www.worksafebc.com/claims/review_and_appeals/health_and_safety_enforcement/default.asp or by calling the ReviewDivision at 604-214-5411 or 1-888-922-8804.

A copy of the Review Division’s decision, with reasons, will be provided to all parties who participate in the review.

NOTE: The Employers’ Advisers Office of the Ministry of Labour is available to provide advice or assistance to employers. Theirtelephone number is toll free at 1-800-925-2233.

The Workers’ Advisers Office of the Ministry of Labour is available to provide advice or assistance to workers. Their telephonenumber is toll free at 1-800-663-4261.



201412868001A


REFERENCES

In addition to any orders and the information provided in the Inspection Notes in this Inspection Report, the officer maydiscuss other health and safety issues with the employer arising out of the inspection. The information below sets outthe health and safety requirements discussed with the employer, and unless otherwise noted, violations of theserequirements were not observed.

Reference Details Discussed

WCA115(1)

Every employer must ensure the health and safety of:(i) all workers working for that employer, and(ii) any other workers present at a workplace at which thatemployer's work is being carried out, and

(b) comply with this Part, the regulations and any applicableorders.

This provision is being referenced because a violation of thissection was used in support of the penalty order contained inthis report.

WCA115(2)(a)

An employer must remedy any workplace conditions that arehazardous to the health or safety of the employer's workers.


OHS3.5

Every employer must ensure that regular inspections are madeof all workplaces, including buildings, structures, grounds,excavations, tools, equipment, machinery and work methodsand practices, at intervals that will prevent the development ofunsafe working conditions.


OHS4.41

Refuse, spills and waste material must not be allowed toaccumulate so as to constitute a hazard.


OHS5.81

If combustible dust collects in a building or structure or onmachinery or equipment, it must be safely removed beforeaccumulation of the dust could cause a fire or explosion.




201412868001A


ORDERS

An employer who fails to comply with Part 3 of the Workers Compensation Act, the Occupational Health & SafetyRegulation, or WorkSafeBC orders may be subject to monetary or other sanctions as prescribed by the WorkersCompensation Act.

Orders - Full Details


A copy of this inspection report must be posted in the workplace, in a conspicuous location for 30 days or until the penalty ispaid, whichever is later.

Pursuant to Section 196(1) of the Workers Compensation Act, Babine Forest Products Limited is ordered to pay $97,500.00 tothe Workers' Compensation Board Accident Fund.


A copy of this inspection report must be posted in the workplace, in a conspicuous location, for 30 days or until the claims costlevy is paid, whichever is later.

Pursuant to s. 73(1) of the Workers Compensation Act, Babine Forest Products Limited is ordered to pay a claims cost levy of$914,139.62 to the Workers' Compensation Board Accident Fund.



201412868001A


Employer # Mailing Address Classification Unit # Operating Location

328321 C/O KAREN GLANVILLECONFIDENTIAL SECRETARYPO BOX 4000BURNS LAKE BC V0J1E0

714022 001

Lab SamplesTaken

Direct Readings Results Presented Sampling Inspection(s)

N N N

Workers onsite duringInspection

Notice of ProjectNumber

0

Inspection Report Delivered To Employer Representative PresentDuring Inspection

Worker Representative PresentDuring Inspection

Labour Organization & Local

Bruce Mallory not applicable not applicable

WorkSafeBC Officer ConductingInspection

Paul Orr

*Inspection Time *Travel Time

3.00 hrs 0.50 hrs

*The time recorded above reflects the cumulative inspection time and travel time associated to the inspection activity cycle.Additional time may be added for subsequent activity.

Right to a Review of Orders

Any employer, worker, owner, supplier, union, or a member of a deceased worker's family directlyaffected may, within 90 calendar days of the delivery date of this report, in writing, request theReview Division of WorkSafeBC to conduct a review of an order, or the non-issuance of an order, inthis report by contacting the Review Division. Employers requiring assistance may contact theEmployers' Advisers at 1-800-925-2233. Workers may contact the Workers' Advisers at1-800-663-4261.

babine inspection report 04/02

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