WCB
upholds fine for fatality |
The
Workers' Compensation Board has upheld a $48,000 fine against a North American
waste disposal firm after finding it guilty of safety violations resulting in
the death of an employee near Courtenay. |
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Roger Archambault fell out of a
Salish Disposal garbage truck travelling down the Inland Island Highway in April
2002, and died from the resulting head injuries. Capital Environmental
Resource, the parent company of Salish Disposal, has since been fined for
violating six sections of the Workers' Compensation Act in relation to the
death. Failure to report a serious injury, failure to remedy a workplace hazard
and failure to provide seat-belts are among the violations. |
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"We're very pleased
obviously," said Ted Mansell, national health and safety director for Service
Employees International Union of Canada, which represents 90,000 workers across
the country. |
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"There's no question in my
mind this accident could've been prevented if they'd been more vigilant, and
more responsive to the health and safety needs and concerns of their
workers." |
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Capital Environmental Resource
Western Canada vice-president Chris LaBossiere said, "We're disappointed
... but we're certainly going to accept the responsibility as a company and
move on with the only focus to protect employees that work for us." |
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Archambault was returning from
a refuse site with a co-worker on April 4 when the accident occurred. The
garbage truck the two were riding in was equipped with a seat and safety
restraints for the driver only, while the passenger side Archambault was in had
a stand-up area. |
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As the vehicle headed south of
the Piercy Road exit at 95 km/h, Archambault heard a clicking sound coming from
the latch on the door beside him, according to the coroner's report. He got out
of his crouching position to grab it but was pulled out of the vehicle when the
wind caught the door. He tumbled 35 metres on the roadway before coming to rest
in a ditch. He was pronounced dead four days later at Victoria General
Hospital. |
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An RCMP collision
reconstructionist concluded "the mechanical condition of the door and its
latching mechanism led directly to this incident." |
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La Bossiere cited positive
reports from a company mechanic who inspected the vehicle regularly as proof
the latch wasn't the problem. The company has maintained that improper closing
of the door and latch led to the accident. |
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The union submitted several
rebuttals against that stance to the WCB in order to keep the fine from
shrinking or disappearing. Mansell said he's pleased the fine was upheld but
believes the company should have been punished further in order to send a
message to employers about the importance of a safe work environment. |
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Mansell said, "I don't
know where this company gets off on the position of there was nothing wrong
with the door. There clearly was according to two independent, certified
inspectors." |
La Bossiere said the company
has added OEM seats and seat-belts to the passenger side of its nationwide
fleet of garbage trucks and implemented safety training programs for employees
since the accident.
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