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June 2014 Update on Brian Fitzpatricks's battle against Kiewit

Discussion in 'Safety Issues' started by DerelictTexture, Jun 16, 2014.

  1. DerelictTexture

    DerelictTexture Senior Member

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    Trying tto figure out what to do when I grow up
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    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.
     
  2. lantraxco

    lantraxco Senior Member

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    Elsewhen
    Admitting any responsibility would set a precedent, never going to happen.

    My opinion, which is worth less than two cents, is that where the rock came from is totally irrelevent. If there was a rock anywhere at all that could possibly endanger a human life then management was legally and morally responsible to observe it, note it, and plan a way to either safely remove the danger or safely work in it's vicinity. That's just common sense, which of course has no place in business, government, or the courts.
     
  3. qball

    qball Senior Member

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    il
    I would love to see PKS sued to oblivion.
    That company over preaches safety but actually works more dangerously than any company I have worked for, in my humble opinion.
     
    92U 3406 likes this.
  4. DerelictTexture

    DerelictTexture Senior Member

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    Occupation:
    Trying tto figure out what to do when I grow up
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    Vancouver BC
    Thank you all for you interest and support.

    Unfortunately...all we can do is work to reinstate the original 250,000 dollar fine, and place the guilt where it belongs

    We will not let PKS write the history book on this one.

    Brian is fully prepared to go the distance in this battle.

    Don't be fooled...the system is designed to thwart any attempt at getting true justice..If you are not fully dug in, the process will just make you old, gray and terminally pissy.

    There are truly courageous people lined up to help...most with no interest in compensation. They, like us...are just looking for the right answer.

    We have burned out boats on the beach, and the only way to go is forward.
     
  5. alco

    alco Senior Member

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  6. John C.

    John C. Senior Member

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    Machinery & Equipment Appraiser
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    Thanks for the update!
     
  7. DMiller

    DMiller Senior Member

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    Hermann, Missouri
    Wow, just wow, ten years and STILL not settled, a sad testament to the faults of safety non or mis-management.