BACKGROUND:
Recently, WorkSafe BC issued a series of Orders to our AB-based client, alleging failures to comply with specific provisions of the Workers Compensation Act and/or the Occupational Health and Safety Regulation, at a worksite where it was the prime contractor.
Our client disagreed with the Orders.
When they were advised by the issuing Officer that an Administrative Penalty (“AP”) was being contemplated, they retained our office for assistance.
DISCUSSION:
At the outset, we took the position that there was no valid underlying basis for imposing any of the Orders, in the sense that the facts did not establish violations of either the Act or the Code by our clients, when the legislation was interpreted and applied properly.
As such, we requested a formal review of the Orders by the Review Division of the Workers Compensation Board. Our request for review included some 11 pages of particulars as to why the Orders were inappropriate in the circumstances.
One of the Orders in particular alleged that our client was in contravention of s. 4.55(a) of the Regulation, because an area of the workplace accessible to workers did not have guardrails, despite it being 4 feet or more above the adjacent floor.
One of the problems with that Order, was that it was issued to our client as prime contractor, in addition to the two different BC-based subcontractors that actually had workers performing work in that area; neither of which had received notice that an AP was being contemplated.
THE END RESULT:
After reviewing our request for review submissions, a copy of which we provided along with our response to the Officer’s request for due diligence information in light of the pending AP, the issuing Officer agreed - of his own accord - that the Order alleging a contravention of s 4.55(a) was issued to our client in error, and that it would be rescinded. He further advised that, as a result of that Order having been the only instance of alleged non-compliance that could be considered a “high risk violation”, WorkSafe BC was no longer contemplating an AP against them!
The validity of the remaining Orders is yet to be determined by the Review Division.
F2 LEGAL COUNSEL: YOUR ACE IN THE HOLE.
OH&S officers aren’t always perfect. Neither are their Orders. We’ve been successful in having Orders rescinded in many cases owing to deficiencies, concerns over fairness and reasonableness, and problems with the authority, discretion, and/or jurisdiction of the issuing OH&S officer.
Contact us today at 1-780-720-1586 (Edmonton & Northern Alberta) or 1-403-456-5835 (Calgary & Southern Alberta), and let our experience benefit you.