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Workers, families disappointed by Lakeland fine

VICTORIA — Steep fines handed out Tuesday to the owners of a Prince George sawmill that exploded in 2012 have provided little satisfaction to workers and families of the victims. WorkSafeBC issued $724,163 in penalties to Lakeland Mills Ltd.
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Reconstruction was proceeding on the site of Lakeland Mills earlier this month.

VICTORIA — Steep fines handed out Tuesday to the owners of a Prince George sawmill that exploded in 2012 have provided little satisfaction to workers and families of the victims.

WorkSafeBC issued $724,163 in penalties to Lakeland Mills Ltd. for the 2012 fire and explosion that killed two employees and injured 22 others. Those sanctions include $97,500 in an administrative penalty and $626,663 in a claims cost levy for violating regulations that govern worker compensation, as well as employee health and safety, WorkSafeBC said.

Ronda Roche, whose husband Glenn was killed in the wood dust-fuelled explosion, said she's greatly disappointed at the amount of the fine and the time it took to issue the penalties.

"It is very clear that failures in our system continue to disappoint our families," said Roche. "The reality of ever seeing justice or accountability for the death and injuries of Lakeland employees as well as for employees of Babine Forest Products continues to be unlikely based on the outcomes to this point of time."

Alan Little, 43, was also killed in the blast.

The Lakeland fine is less than the $1.01-million penalty issued against the owners of the Babine Forest Products mill earlier this year after a similar explosion and fire killed two workers in 2012. The Babine penalty remains the highest ever issued by WorkSafeBC.

Families and workers have criticized WorkSafeBC's knowledge and handling of wood dust as a potential explosive material, its botched investigation of the two sawmill explosions and Crown counsel's decision not to lay charges. They have also called for a public inquiry, which has been rejected by the B.C. Liberal government. The government has said coroner's inquests will suffice to provide answers.

Former Lakeland Mills worker Bruce Germyn said he doesn't understand a system where WorkSafeBC fails to keep workers safe, fails to properly investigate the explosion, and then can keep the money that it fines the company.

"They have failed us all around and we get no benefit from it," said Germyn.

Germyn was blown 10 metres in the explosion and suffered extensive burns to his body, including his face.

"I am really, really disappointed in this whole process," he said. "It is baffling. As it stands, I am never going to be employable."

The company that owns Lakeland Mills said it was only told about the penalties Tuesday, shortly before they became public.

"It will take some time to review the information," said Greg Stewart, president of Sinclair Group Forest Products. "Only then will we be in a position to respond to WorkSafeBC's allegations."

The mill burst into flames after the heat of a malfunctioning conveyor motor ignited a buildup of wood dust, primarily accumulated from the processing of dry pine-beetle timber.

The resulting explosion toppled the walls of the main lunchroom onto employees, and was so powerful, it blew some workers through a south wall in the basement lunchroom.

WorkSafeBC's investigation report said there were ineffective dust-control measures as well as poor maintenance and inspection procedures at the mill.

"I want to say to families who have suffered the loss or injury of a loved one that we are truly sorry for the grief and pain they have endured," Jobs Minister Shirley Bond said in a statement.

"They have demonstrated their strength during these unbelievably difficult and tragic circumstances.

"WorkSafeBC's combined penalty of almost $725,000 sends a clear message that companies face consequences for violating the Workers Compensation Act and Occupational Health and Safety Regulation. These penalties -- the second largest ever imposed by WorkSafeBC -- are reserved for only the most serious cases and they send a strong message that there are consequences for violations."

The administrative penalties come after a botched investigation by WorkSafeBC earlier this year led B.C.'s Criminal Justice Branch to refuse to approve any charges against the Lakeland owners.

WorkSafeBC did not properly obtain search warrants to gather evidence, among other failures, the criminal justice branch said. As well, the owners had a strong legal defence against the allegations, the branch said.

WorkSafeBC made similar investigative mistakes in its probe into the 2012 blast at Babine's mill near Burns Lake, which killed two workers. Crown declined to approve charges in that case as well. Babine Forest Products has requested a review of WorkSafeBC's $1.01 million fine.

The two bungled probes by WorkSafeBC led to a public rebuke by Premier Christy Clark, an apology from Bond and a review of WorkSafeBC's practices by Gord Macatee, a government-appointed administrator.

WorkSafeBC's investigative division was tweaked in July as part of 43 recommendations by Macatee to improve complex investigations and safety at mills.

The sanctions against Lakeland Mills are calculated using formulas and categories under provincial legislation.

"The dollar value of a penalty or claims cost levy does not and cannot reflect the loss of lives and the pain and suffering of workers and families," WorkSafeBC said in a statement.

NDP critic Shane Simpson said the actual fine to Lakeland is only $97,500, and the rest of the money collected is being used by WorkSafeBC to recover some of its costs.

"It's a very modest amount of money," said Simpson.

"I'm sure it does nothing for the families in terms of giving them any comfort. If anything, it probably reinforces, again, a need for a real independent review."

The union representing workers at Lakeland and Babine mills said current and former employees are unhappy with the penalties.

"No amount of money is the right amount of money for the loss of life," said Frank Everitt, president of United Steelworkers local 1-424.

The Sinclar Group Forest Products has pledged to rebuild Lakeland Mill, which it says should be complete by this fall.