Former premier Gordon Campbell will not be facing penalties in regard to the July 2011 death of a worker at his property in Halfmoon Bay, but Sechelt's Weather Tight Supplies Ltd. may have to pay a fine, according to WorkSafe BC.
This week WorkSafe BC released the incident investigation report into the July 4 accident that claimed local roofer David Lesko's life. Lesko was working for Weather Tight Supplies Ltd. replacing a roof at Campbell's summer home when he tripped and fell backward through a skylight opening to the floor below.
The report states that Campbell was unknowingly designated as the prime contractor in the build when he failed to obtain a written agreement stating otherwise, leaving him with some responsibility for the workers' safety.
"If there is no written agreement between an owner and another party designating that other party as the prime contractor, the owner is the prime contractor for the purposes of the Act," the report states.
WorkSafe BC notes the prime contractor is responsible for adequately co-ordinating health and safety activities at the workplace and ensuring compliance with WorkSafe BC standards.
Because Campbell did not take on that responsibility, he will be written up by WorkSafe BC, but no penalty is being contemplated as it was his first health and safety issue with WorkSafe BC.
"So if there has been a repeated violation of the same regulation, that's when we start looking at penalties. A penalty wouldn't be a first consideration," WorkSafe BC spokesperson Donna Freeman said, noting a penalty "is being considered against the employer, the direct employer, Weather Tight."
The incident investigation report states that Weather Tight was visited by WorkSafe BC officers on three occasions and had been issued orders for non-compliance before.
"This incident has revealed that key elements such as the completion of the site-specific fall protection plan, on-site supervision and workplace inspections were consistently overlooked," the report said.
Freeman stressed that a penalty against Weather Tight is only being contemplated, but she said that if a penalty is given, the fine would be calculated based on the size of the employer.
"So a smaller employer is assessed a smaller penalty than a very large employer. And that's to even out the impact, obviously, and it's how penalties are applied and how they are calculated," she said.
Colin Stracker, owner of Weather Tight Supplies Ltd., said he was not prepared to comment on the report this week as he had yet to receive a copy of it when he was contacted by Coast Reporter on Wednesday.
"Being that I don't have a copy of that, that's what surprises me is that someone else does, because they wouldn't give me a copy. We've actually requested one and really I shouldn't have any comments until I have that in my hands to see exactly what's said there," Stracker noted.
Campbell, who is now Canada's high commissioner to Britain, told Coast Reporter this week in an emailed statement that his thoughts remain with Lesko's family.
"My first thoughts when I heard about the fatal accident during the renovation of my property were for the family and the workers who were on the site. That remains my primary concern. I think it is inappropriate for me to comment beyond that," Campbell said.
WorkSafe BC is cautioning homeowners to know their responsibilities when they have tradespeople working on site.
In Campbell's case, he became the prime contractor once subcontractors began to work on the project and it became a "multiple-employer workplace."
Under section 118 (1) of the Workers' Compensation Act, any multiple-employer workplace must have a prime contractor and the homeowner is automatically designated as such unless there is a written contract saying otherwise.
Homeowners can also be held responsible if a nanny, cleaner or landscaper gets hurt while working on their property.
According to WorkSafe BC, hiring anyone to work in your home to meet your personal or domestic needs makes you a residential employer.
"Whether you hire the worker on a full-time, part-time or casual basis, you may need to register for WorkSafe BC insurance coverage," the WorkSafe BC website states.
There are many exceptions to this rule, including if you hire someone for an average of less than eight working hours per week, if a specific job will be finished within 24 hours and if the agency is already registered with WorkSafe BC.
To find out what your responsibilities are under the Workers' Compensation Act in B.C., visit www.worksafebc.com.
