Office of the Premier
VICTORIA - Shirley Bond, Minister of Jobs, Tourism and Skills Training and Responsible for Labour made the following statement today on the Criminal Justice Branch’s decision not to pursue charges in the Lakeland mill explosion:
“I am deeply sorry for what the families and our community have had to go through and we owe it to them to make sure we prevent this from ever happening again. We started that work immediately after the Babine investigation, and proceeded in a careful way to ensure no actions compromised Crown’s process on the Lakeland investigation. Now that Crown has made its decision we are able to take the next steps necessary to protect worker safety.
Government is continuing to take comprehensive action to protect worker safety by:
- making sure WorkSafeBC's investigations are handled correctly for future prosecutions.
- ensuring that what happened at these two sawmills doesn't happen again and risk the lives of workers.
- driving change in the culture and process at WorkSafeBC.
To make sure we know if anything could have prevented what happened at Lakeland, I have asked Attorney General Suzanne Anton to direct B.C.’s Chief Coroner to conduct an inquest into the explosion at Lakeland. I am advised that she has done so.
As the Coroner stated about her inquest into the explosion at Babine, an inquest is ‘the best venue to address the many concerns and questions raised about how and why the explosion happened and what can be done to prevent a similar event in the future.’
While we await the results of her inquest, we need to move forward even more decisively on reform at WorkSafeBC. This will build on the action we have already taken. The chair and board of WorkSafeBC have agreed to appoint Gord Macatee as administrator to drive that change. Mr. Macatee is an experienced executive with service at the most senior levels of government.
This is why I met earlier today with both of them to provide a letter of direction on the agenda of change Mr. Macatee will lead. That direction includes:
- Ensuring future investigations are handled correctly by implementing recommendations from the Dyble Report.
- Ensuring our sawmills are safe workplaces by implementing the 90-day action plan on sawmill safety.
- Review workers’ compensation boards in other jurisdictions, to understand the merits of and determine best practices in organizational structures specifically relating to the separation of enforcement vs. regulation.
- Develop a plan for implementing a world-class inspection and investigation regime, incorporating best practices, workforce review and enhanced training.
- Provide a single status report by July 1, consolidating the plans and reports noted in items 1 to 4 above.
- Conduct the search for and finalize the appointment of a new and permanent CEO.
I will review progress on all of this on a regular basis and meet with WorkSafeBC at the beginning of July, to assess progress and whether further steps are required.
Families and friends of the victims of the Lakeland and Babine explosions are continuing to grieve. Together, we are addressing the pressing need to both restore confidence in WorkSafeBC investigations and to make sure workers and families never again face circumstances like those at Babine and Lakeland.”
For a copy of Minister Shirley Bond’s letter to WorkSafeBC Board Chair George Morfitt: http://www.labour.gov.bc.ca/wab/pdf/April14_Letter_to_WorkSafeBC.pdf
Media Contacts:
Ministry of Jobs, Tourism and Skills Training and Responsible for Labour
250 387-2799
BACKGROUNDER
Progress to date on the Dyble Report recommendations
The recommendations from Mr. Dyble’s report “Babine Explosion Investigation: Fact Pattern and Recommendations”, were grouped into four categories. The status of the implementation of these recommendations are as follows:
Category #1 Recommendations
Measures to improve interaction between investigating and prosecuting agencies
In progress - Memorandum of Understanding between WorkSafeBC and Police Services
The Memorandum of Understanding has been signed by WorkSafeBC and all police service parties as of April 10, 2014. New language is being developed to incorporate three suggested changes from the Criminal Justice Branch (CJB) into the MOU to meet the recommendations set out in the Dyble Report.
In progress - Memorandum of Understanding between Criminal Justice Branch and WorkSafeBC
WorkSafeBC and the Criminal Justice Branch have engaged in ongoing review and discussion on a draft MOU. The MOU will be ready for senior official review by April 28, 2014.
WorkSafeBC will require a new model for the referral of files to the Crown for consideration under the Workers Compensation Act. A draft of the new model, based on the Ontario Securities Commission model suggested by the Criminal Justice Branch has been prepared and will be reviewed with CJB.
In progress - Enhanced Cooperation between WorkSafeBC and Criminal Justice Branch
WorkSafeBC and the Criminal Justice Branch continue to work cooperatively to plan ongoing seminars and training. The Criminal Justice Branch attended WorkSafeBC training in March and spoke to, among other things, legal issues in regard to fraud, and case law. Both parties have agreed to another joint training session in the fall.
In progress - Legal Advice During Investigations
A process to ensure legal advice is sought out by WorkSafeBC from the Criminal Justice Branch is underway. Once the Memorandum of Understanding between WorkSafeBC and the Criminal Justice Branch is finalized the process for seeking legal advice during investigations will be addressed.
In progress - Major Case Management Model and Senior Prosecutor Availability
Criminal Justice Branch has provided a document that summarizes their approach. WorkSafeBC has been training staff in major case management since Fall 2012 and will fully implement a Major Case management model. A four-day session tailored to Major Case management and the Workers Compensation Act will be held at the Justice Institute in May and June 2014 and all Fatal and Serious Injury Investigators will attend.
In progress - Regular Information Meetings
WorkSafeBC and Criminal Justice Branch will meet twice a year with the initial meeting planned for mid-May 2014.
Category #2 Recommendations
Improvement of policies, procedures and communications within WorkSafeBC
Ongoing - Improved internal communications at WorkSafeBC
WorkSafeBC is reviewing all of its internal communications and improvements and an overview of improvements will be ready by the end of June.
Category #3 Recommendations
Enhanced training and improved working relationships
Complete - Training materials
Criminal Justice Branch provided WorkSafeBC with a package of training materials on disclosure and the preparation of Reports to Crown Counsel. These are the same training materials recently distributed to police agencies across the province.In progress - Investigations Protocol Review
WorkSafeBC anticipates that there will be a new model for referring its files to the Crown with the work being done on the two MOUs and the Major Case Management Model. An overview on the Investigations Protocol Review will be provided by the end of June 2014.
In progress - Seminars and Training
The Criminal Justice Branch attended WorkSafeBC training in March and spoke to, among other things, legal issues in regard to fraud, and case law. Both parties have agreed to another joint training session in the fall.
Category #4 Recommendations: Ongoing
Next steps
Ongoing - Len Doust Review of Dyble report implementation
Deputy Attorney General Richard Fyfe and Jobs, Tourism and Skills Training and Ministry Responsible for Labour Deputy Minister Dave Byng held a regularly scheduled meeting Friday April 11 with Mr. Len Doust, the independent counsel retained to monitor the implementation of the Dyble Report recommendations. Mr. Doust provided the following update:
"The right things are being done inside WorkSafeBC and between WorkSafeBC and the Criminal Justice Branch, and work is progressing in a reasonable and timely manner.
"The immediate problems identified in the Dyble report are under intense scrutiny and are being resolved. I am carefully reviewing all of this.
"I am confident that the issues that arose in the investigations after the Babine explosion are being sufficiently addressed to ensure they do not recur."
Link to Dyble Report: http://www.labour.gov.bc.ca/wab/pdf/Babine_report_Web_140211.pdf
Media Contacts:
Ministry of Jobs, Tourism and Skills Training and Responsible for Labour
250 387-2799
BACKGROUNDER
Progress on sawmill inspection initiative phase 4 and the 90-day sawmill safety action plan
Actions Completed
WorkSafeBC will double the size of the designated inspection team to 20 and launch further sawmill inspections during phase 4 of their sawmill inspection initiative. The focus of this phase will be on companies which were found to be out of compliance, particularly in phase 3, but all sawmills will be included.
- Phase 4 launched on April 7, 2014.
WorkSafeBC will write to the 61 sawmills found to have combustible dust compliance issues during phase 3 to set expectations for the next round of inspections. Where there is repeat non-compliance, WorkSafeBC Officers will consider penalties.
- WorkSafeBC sent letters on March 31, 2014, indicating that phase 4 was underway and penalties would be considered if compliance was not achieved.
The Council of Forest Industries (COFI) will contemplate their ability to stipulate membership conditions related to compliance with the combustible dust strategy.
- COFI informed industry that use of the Wood Dust Mitigation and Control Audit tool is a requirement of membership.
Sawmill employers, organized labour, and WorkSafeBC will launch an awareness campaign on workers’ rights in refusing unsafe work. A toolbox kit on the issue will be provided by WorkSafeBC to employers, health and safety committees, and health and safety representatives in all sawmills.
- WorkSafeBC delivered a Toolbox Talk and Bulletin to all sawmills April 7, 2014, focused on combustible dusty and workers' right to refuse unsafe work.
All parties agreed to continue the dialogue from the meeting on April 1, 2014, when WorkSafeBC hosted a joint meeting with industry and labour at the COFI convention in Kelowna.
- WorkSafeBC held the meeting with labour and representatives from 72 active sawmills at the COFI convention with about another 20 calling in, to review the commitments made in the 90-day action plan. They discussed the Joint Statement on Sawmill Safety and Sustained Compliance and all parties received a copy of the statement.
WorkSafeBC is currently reviewing its Occupational Health and Safety Policy with a focus, at this stage, on high-risk violations and the consequences for non-compliance. The elements that can lead to a dust explosion will be included.
- At the April 1, 2014, meeting, WorkSafeBC emphasized to industry the parallel between the seriousness of combustible dust non-compliance and non-compliance with the regulations around asbestos.
Actions In Progress
A team of technical experts to help ensure all mills are in compliance with the Workers Compensation Act and occupational health and safety regulations.
- WorkSafeBC committed to funding to make technical expertise available to the forest industry and WorkSafeBC has requested the sawmill industry to secure the appropriate technical experts.
- The CEO and president of the B.C. Forest Safety Council indicated to WorkSafeBC that the council would be willing to assist industry or industry groups and associations in the process of identifying and securing those technical experts.
- The MAG is working the B.C. Forest Safety Council to set up the infrastructure and administrative support for MAG regarding the industry experts/advisors. Industry will provide training (in operating sawmills) to the experts/advisors and will then offer equivalent training to all mills in the province.
- On April 22, 2014, WorkSafeBC will meet with Industry and the B.C. Forest Safety Council to work out the structure of this partnership/working arrangement around the experts/advisors.
The Manufacturers’ Advisory Group, made up of a dozen companies which account for about 75% of B.C.’s lumber production, has developed a Dust Mitigation and Control Audit protocol and is offering it to mills of every size throughout B.C. The group will use its expertise and resources to ensure that best practices regarding sawmill dust risk reduction are shared with any company needing help within the province.
- WorkSafeBC is supporting MAG in its efforts and will work with sawmills of all sizes to ensure the audit tool is usable for both large and small sawmills.
At organized labour’s request, this Audit Tool will be reviewed by all parties to evaluate it as an enforceable standard. WorkSafeBC has agreed to lead that discussion.
- WorkSafeBC will lead the discussion to create a draft of an enforceable policy which would be reviewed by its Board of Directors before engaging in public and industry consultation.
Link to Original 90-Day Action Plan Joint Statement: http://www.newsroom.gov.bc.ca/2014/03/joint-statement-on-sawmill-safety-and-sustained-compliance.html
Media Contacts:
Ministry of Jobs, Tourism and Skills Training and Responsible for Labour
250 387-2799
BACKGROUNDER
Gord Macatee Biography
Gord Macatee is an experienced executive with service at the most senior levels of government. As the new administrator at WorkSafeBC, he will ensure an agenda of change is accelerated at the organization. To take on the role, he is taking a leave of absence from his role as the commissioner of the BC Ferry Commission.
Previously, he served as a project executive with the Vancouver Organizing Committee for the Olympics. Previously, he served as the deputy minister for the Ministry of Health Services from 2006 to 2009, the deputy minister for the Ministry of Labour and Citizens' Services from 2005 to 2006, the deputy minister for the Ministry of Water, Land and Air Protection from 2003 to 2005, and the deputy minister for the Ministry of Agriculture, Fisheries and Food from 2001 to 2003.
He is active in the community as a vice-chair for the Victoria Hospitals Foundation and a director on the board of Providence Health Care. Previously, he served as a director for the Canadian Institute Health Information, a director for the Michael Smith Foundation for Health Research, chair for BC Buildings Corporation, a cirector for the Mental Health Commission of Canada, and a commissioner for the Agriculture Land Commission.
Mr. Macatee holds his Bachelor of Science (Honours) from the University of Guelph.
Media Contacts:
Ministry of Jobs, Tourism and Skills Training and Responsible for Labour
250 387-2799
