DerelictTexture
Senior Member
- Joined
- Jul 2, 2012
- Messages
- 256
- Location
- Vancouver BC
- Occupation
- Trying tto figure out what to do when I grow up
I'll make this quick so that your eyes don't glaze over.
Sam was killed at the Kiewit hydro-electric project at Toba Inlet in Feb of 2009 as the result of a huge boulder rolling down from a work-site above him
WorkSafeBC used these words to describe Kiewit management
[111] In these circumstances, we would describe it as "heedless," "wanton,"
"extreme," "gross," and "highly irresponsible" for the employer to have
known that there was a potential for rocks to roll through the worksite but
not take adequate steps to contain this risk by way of a detailed and
carefully monitored scaling program.
WorkSafeBC investigators used these words to describe the actions of the multi billion dollar American construction company that Kiewit is...regarding the rock fall incident that killed Sam.
Lack of post-blasting inspections
Slopes insufficiently scaled as work progressed
Deficient site co-ordination and communication
Unsafe work assignments and deficient safety supervision
Drilling below incompletely scaled slopes
Machine-scaling uphill from drilling crew
Lack of adequate safety oversight systems
Lack of effective risk assessment
Deficient safety planning and supervision .......
From a meeting with the BC Federation of Labour
Brian Fitzpatrick, whose son Sam was killed on a Kiewit job site at Toba Inlet, also spoke at the meeting. He noted that while the WCB found “gross negligence” on the part of the employer, no charges were recommended and the RCMP did not investigate the incident for criminal negligence. Brian said there was a real problem in a system where the judges could not even hear the cases because there was no proper police investigation.
Kiewit was penalized $250,000 by the WCB, but no charges were ever laid. The company is appealing the penalty for the second time, refusing to take responsibility for the accident. End of quote.
Brian Fitzpatrick won the 1st appeal against Kiewit when they fought to have to 250,000 dollar fine reduced.
Kiewit appealed a 2nd time. On this go around, the tribunal could not find enough evidence to prove that the boulder that killed Sam came from the active worksite. The fine was reduced to about 90,000 bucks.
Brian is now forced to prove that the boulder did indeed come from the worksite as a result of construction activity....either directly from the machines working up there...or from loosened material.
Brian has engaged a new lawyer ( June/2014 ) with the help of the workers advisory office of WorkSafeBC. This is to guide him through the process of a judicial review and/or reconsideration of the tribunal decision.
Experts are lined up to testify about the origins of the boulder.
Hard questions are being asked about the accuracy of witness testimony
Photos of the site are being analyzed for evidence.
New evidence is being sifted through.
Evidence of other PKS accidents being covered up are being investigated.
Legal opinions are being sought in regards to getting the cause of death changed to Homicide due to negligence.
5 years and counting.
P.S. 90,000 dollars is about 4 minutes of income for the 12 billion dollar a year Fortune 300 company.
Sam was killed at the Kiewit hydro-electric project at Toba Inlet in Feb of 2009 as the result of a huge boulder rolling down from a work-site above him
WorkSafeBC used these words to describe Kiewit management
[111] In these circumstances, we would describe it as "heedless," "wanton,"
"extreme," "gross," and "highly irresponsible" for the employer to have
known that there was a potential for rocks to roll through the worksite but
not take adequate steps to contain this risk by way of a detailed and
carefully monitored scaling program.
WorkSafeBC investigators used these words to describe the actions of the multi billion dollar American construction company that Kiewit is...regarding the rock fall incident that killed Sam.
Lack of post-blasting inspections
Slopes insufficiently scaled as work progressed
Deficient site co-ordination and communication
Unsafe work assignments and deficient safety supervision
Drilling below incompletely scaled slopes
Machine-scaling uphill from drilling crew
Lack of adequate safety oversight systems
Lack of effective risk assessment
Deficient safety planning and supervision .......
From a meeting with the BC Federation of Labour
Brian Fitzpatrick, whose son Sam was killed on a Kiewit job site at Toba Inlet, also spoke at the meeting. He noted that while the WCB found “gross negligence” on the part of the employer, no charges were recommended and the RCMP did not investigate the incident for criminal negligence. Brian said there was a real problem in a system where the judges could not even hear the cases because there was no proper police investigation.
Kiewit was penalized $250,000 by the WCB, but no charges were ever laid. The company is appealing the penalty for the second time, refusing to take responsibility for the accident. End of quote.
Brian Fitzpatrick won the 1st appeal against Kiewit when they fought to have to 250,000 dollar fine reduced.
Kiewit appealed a 2nd time. On this go around, the tribunal could not find enough evidence to prove that the boulder that killed Sam came from the active worksite. The fine was reduced to about 90,000 bucks.
Brian is now forced to prove that the boulder did indeed come from the worksite as a result of construction activity....either directly from the machines working up there...or from loosened material.
Brian has engaged a new lawyer ( June/2014 ) with the help of the workers advisory office of WorkSafeBC. This is to guide him through the process of a judicial review and/or reconsideration of the tribunal decision.
Experts are lined up to testify about the origins of the boulder.
Hard questions are being asked about the accuracy of witness testimony
Photos of the site are being analyzed for evidence.
New evidence is being sifted through.
Evidence of other PKS accidents being covered up are being investigated.
Legal opinions are being sought in regards to getting the cause of death changed to Homicide due to negligence.
5 years and counting.
P.S. 90,000 dollars is about 4 minutes of income for the 12 billion dollar a year Fortune 300 company.
