Babine Forest Products has been issued a massive fine in connection with a deadly blast that destroyed the Burns Lake sawmill in January 2012, killing two workers and injuring more than 20 others.
WorksafeBC issued an administrative penalty and a claims cost levy on Thursday, totalling more than $1 million. The actual claim cost associated with the incident is nearly $5.2 million.
"The dollar value of a penalty or levy does not and cannot reflect the loss of lives and the pain and suffering of workers and families," said WorkSafeBC spokesman Scott McCloy.
An administrative penalty has been imposed in the amount of $97,500 while a claims cost levy has been imposed in the amount of $914,139.62 for a total balance due of $1,011,639.62.
McCloy also explained that imposing this penalty now was a matter of due course, since Crown prosecutors waived their rights to try for a prosecution.
"Under Section 196 of the Workers Compensation Act, a court proceeding and consideration of an administrative penalty by WorkSafeBC are two separate procedures meaning you can't engage in one process while the other process is underway," he said. "Consideration of an administrative penalty was held in abeyance pending the decision of Crown counsel."
The fine isn't enough for the widow of one of the dead workers.
Maureen Luggi, whose husband Robert was killed in the January 2012 blast, said Thursday that the fine isn't acceptable and she still wants an independent inquiry into the cause of the explosion.
"It doesn't even come near the value of the loss, the injury and the impact that this has had on the community and families of Babine Forest Products," she said in an interview.
Luggi and other victims of the blast and the Opposition NDP have called on the B.C. government to hold a public inquiry to examine the cause of the blast and review the subsequent investigation.
Carl Charlie, 42, was also killed in the explosion.
Babine Forest Products is a joint venture between the Burns Lake Native Development Corporation and American lumber company Hampton Affiliates, who plans to appeal the fine.
"The Crown counsel determined that evidence of Babine's due diligence in managing foreseeable risks was enough to counter the charges recommended by WorkSafeBC under the Workers Compensation Act," said a company statement. "Crown counsel also concluded that WorkSafeBC did not perform an appropriate investigation of the accident. Based on that independent ruling, no charges were pursued. For WorkSafeBC to now propose a significant administrative penalty seems disingenuous, especially in light of this record, and the fact that WorkSafeBC must weigh the same considerations of due diligence as the Crown."
There is a 90-day period in which an appeal can be launched and a further 30-day window if the appeal decision is not to the liking of the parties involved.
"Any dispute between Babine and WorkSafeBC should not be taken out of context," the company statement said. "Babine regrets terribly the tragic accident that occurred the night of January 20th, 2012. Our sorrow, both for our people impacted and the community of Burns Lake, will always be present."
Jobs minister Shirley Bond said that no amount of fine or penalty comes close to healing the wounds of the victims and their families.
"No one needs to suggest that any kind of monetary value, no matter what the number is, will ever bring comfort to the families," she said. "I want to assure you this is a rare occurrence. The size (of the penalty) is probably the largest penalty ever levied in British Columbia."
After learning of the fine, NDP Leader Adrian Dix renewed his call for a public inquiry into the deadly explosion.
"The fines, 90 per cent of them are cost recoveries for WorkSafe, which was clearly their priority, only 10 per cent of them represent a fine to Hampton for the death, the killing of two people and the injury of 19," he said.
Late last month, the B.C. government announced a safety plan would be put in place to try to prevent other sawmills from exploding.
The government said the number of inspectors would be doubled to 20, and a plan would be implemented to limit the potential for combustible dust.
A report issued in January said the mill explosion could have been prevented. Investigators found the company knew it had an inadequate dust collection system, even after a similar explosion and fire a year earlier.
No charges were laid in the blast, in part, because the Crown said investigators failed to obtain search warrants or warn witnesses of their charter rights before taking their statements.
Just months after the Burns Lake mill was flattened, the Lakeland sawmill in Prince George exploded in fire, killing Alan Little, 43 and 46-year-old Glen Roche.
