A $66,000 penalty handed out to a Langley construction company for safety violations on a Penticton job site was wiped out by WorkSafeBC.
Pacific West Systems Supply Ltd. was successful in a request to have the hefty penalty overturned.
The penalty stems from an incident on April 4, 2017 when employees of Pacific West Systems Ltd. were preparing to receive a shipment of drywall on a fifth-floor balcony at 3388 Skaha Lake Rd.
WorkSafeBC inspectors saw an employee dismantle a temporary wood guardrail and remove the top and middle rail.
Documents from WorkSafeBC state a second worker was also observed approaching the same unguarded edge and neither was using a personal fall protection system meaning the workers were exposed to the risk of falling about 13.7 metres (45-feet).
The company didn’t dispute the violation, but appealed on the grounds that the violation came about as result of the “unexpected and independent,” action of the employee.
Pacific West Systems Ltd. was able to provide evidence it had a “comprehensive health and safety program and that its workers were trained in health and safety matters,” the review stated.
During the review process, WorkSafeBC spoke with the crane truck operator and was told that the crew decided they would use the railing intact for fall protection. The employee who removed the guard rails did so without authorization and without telling any of the supervisors on the site.
At the time the incident occurred Pacific West Systems Supply Ltd. did not make it mandatory that harnesses be in every truck because of space issues. Since the penalty, the company has made it mandatory to have the safety equipment in every truck.
“The employer had in place a comprehensive health and safety program and provided appropriate health and safety training to its workers. It had a process in place to address the specific safety risks at work, including falling from a height. The process included a pre-delivery risk assessment to identify such risks, and toolbox meetings to communicate the details of the risk assessment and the plan to address those risks prior to work being done,” the review stated.