WorkSafeBC Home

Menu

Worker’s death results in sentencing for employer, prime contractor, and two supervisors in Provincial Court

Published on: November 08, 2021

Four defendants sentenced for offences under the Workers Compensation Act and Occupational Health and Safety Regulation

WorkSafeBC provided comment today on a hearing in Provincial Court in Fort St. John in which four defendants, who had previously pleaded guilty to charges under the Workers Compensation Act and the Occupational Health and Safety Regulation, were sentenced.

Translation available in: 简体中文 | 繁體中文 | ਪੰਜਾਬੀ

The case of Regina v. Brian Baker, Randolph Kosick, Yoho Resources Inc., and Great Northern Bridgeworks Ltd. involved a worker who died when he fell off a bridge under construction, south of Wonowon, B.C., on March 29, 2019.

A WorkSafeBC investigation found that the employer (Great Northern Bridgeworks Ltd.) and prime contractor (Yoho Resources Inc.) failed to ensure the health and safety of its workers. None of the defendants provided the workers with fall protection equipment, such as a harness or lanyard. Similarly, no fall restraint devices, such as temporary cables, guardrails and end rails had been used by the workers on the bridge deck.

WorkSafeBC’s investigation resulted in a recommendation that charges be laid under the Workers Compensation Act and Occupational Health and Safety Regulation. Charges were laid in March 2021 and guilty pleas were entered in July 2021.

A hearing took place in Provincial Court on Nov. 5, 2021 and the following sentences were imposed:

  • Yoho Resources Inc. (Prime Contractor): $70K fine, plus 15% victim fine surcharge.
  • Great Northern Bridgeworks Ltd. (Employer): $70K fine, plus 15% victim fine surcharge; Court ordered health and safety courses for President and Health and Safety Advisor.
  • Randolph Kosick (Bridge foreman for Great Northern Bridgeworks): $8,500 fine, plus 15% victim fine surcharge; Court ordered health and safety courses.
  • Brian Baker (Contracted site supervisor for Yoho Resources): $7,500 fine, plus 15% victim fine surcharge; Court ordered health and safety courses.

“The guilty pleas and sentences delivered in this case demonstrate that when employers fail to live up to their obligations to keep workers safe, there are serious enforcement consequences, including a prosecution under the Workers Compensation Act,” said Al Johnson, Head of Prevention Services for WorkSafeBC.

Under the Workers Compensation Act, WorkSafeBC is responsible for conducting investigations into matters of occupational health and safety. An investigation may become a prosecution investigation when certain factors are present, such as a systemic failure to manage workplace health and safety, or where actions taken to ensure worker safety fall significantly below the standard of due diligence.

“Ultimately, our enforcement measures are intended to motivate employers, prime contractors, supervisors, and other workplace parties to comply with occupational health and safety requirements, and to keep workplaces safe. Every worker has the right to go home healthy and safe at the end of the day,” said Johnson.

Resources:

Media Backgrounder: WorkSafeBC Investigations

Backgrounder:

Additional details on the guilty pleas are provided in the table below.

 

Defendant Role Guilty Pleas Sentence
Yoho Resources Inc. Prime Contractor for the project.
  • Failed to ensure that the activities of the employers, workers and other persons at the workplace relating to occupational health and safety, were coordinated.
  • Failed to do everything that is reasonably practicable to establish and maintain first aid equipment, supplies, facilities, first aid attendants and services required.
  • Failed to appoint a qualified coordinator for the purpose of ensuring the coordination of health and safety activities for the location.
  • $70,000 fine, plus 15% victim fine surcharge.
Great Northern Bridgeworks Ltd. (GNB) Bridge constructor, and employer of the fatally injured worker.
  • Failed to ensure the health and safety of a worker.
  • Failed to provide and maintain in good condition, protective equipment, devices and clothing as required by regulation (fall protection equipment) and failed to ensure that such protection equipment, devices and clothing were used by their workers.
  • Failed to provide their workers, the information, instruction, training and supervision necessary to ensure the health and safety of those workers in carrying out their work.
  • Failed to ensure that a fall protection system was used when work was being done at a place from which a fall of 3 metres (10 feet) or more may have occurred.
  • $70,000 fine, plus 15% victim fine surcharge.
  • Court ordered health and safety courses for President and Health and Safety Advisor.
Randolph Kosick Bridge foreman, employed by GNB.
  • As a supervisor, failed to ensure the health and safety of all workers under their direct supervision.
  • As a supervisor, failed to ensure that appropriate personal protective equipment was available to workers under their supervision and worn when required.
  • $8,500 fine, plus 15% victim fine surcharge.
  • Court ordered health and safety courses.
Brian Baker Contracted to be Yoho’s qualified coordinator, site supervisor and representative for the worksite.
  • As a supervisor, failed to ensure the health and safety of all workers under their direct supervision.
  • As a supervisor, failed to ensure that appropriate personal protective equipment was available to workers under their supervision and worn when required.
  • $7,500 fine, plus 15% victim fine surcharge.
  • Court ordered health and safety courses.

About WorkSafeBC

WorkSafeBC engages workers and employers to prevent injury, disease, and disability in B.C. When work-related injuries or diseases occur, WorkSafeBC provides compensation and support to people in their recovery, rehabilitation, and safe return to work. We serve approximately 2.3 million workers and 255,000 employers across B.C.

For more information, contact:

Media Relations, WorkSafeBC
Email: media@worksafebc.com
Tel: 604.276.5157