02) CHARGES DEMANDED IN BURNS LAKE EXPLOSION

 

By Kimball Cariou

 

            The decision against laying charges in the Jan. 2012 explosion which killed two workers and severely injured 20 others at Babine Forest Products in Burns Lake has sent shockwaves across British Columbia.

 

            A ten-month investigation by WorkSafe BC ultimately led to a report to Crown counsel, "for consideration of charges under the Workers' Compensation Act." The findings of the investigation made it clear that the explosion was preventable, and that the owners of the sawmill had failed to take the necessary steps to prevent the deaths of Robert Luggi and Carl Charlie.

 

            But B.C.'s Criminal Justice Branch declined to charge the principal owner, Hampton Affiliates of Portland, Oregon, claiming that the supposed "inadmissibility" of some evidence gathered by investigators made a conviction less than certain.

 

            In response, B.C. Federation of Labour President Jim Sinclair urged significant steps to restore confidence in worker protection in British Columbia.

 

            The investigation report clearly shows the incident was preventable, that risks were known and that necessary measures were not taken, said Sinclair, yet the crown rejected the recommendation to lay charges.

 

            Sinclair called on Premier Christy Clark to ensure a full public review of the matter. He also demanded the imposition of maximum penalties under the Workers' Compensation Act, and that the Criminal Justice Branch, the WCB and the BC Safety Authority should report within six months on a new process to ensure investigations into workplace incidents are conducted in a thorough, timely and effective manner, resulting in charges where warranted.

 

            "Unless these steps are taken, and effective cooperation between agencies results, worker safety will remain compromised in our province," said Sinclair.

 

            WorkSafe BC, assigned to prevent and investigate injuries, illness and disease at 500,000 workplaces across the province, describes itself as an independent body governed by a board appointed by the province.

 

            As a recent Vancouver Sun editorial says, "At the Burns Lake sawmill, a team of 30 investigators found a horror story of unsafe conditions."

 

            Problems included an ineffective dust collection system at the sawmill, inadequate inspection and maintenance, and poorly trained supervisors.

 

            And yet the Crown counsel was more concerned about whether the investigation complied with the Charter of Rights and Freedoms, and other statutory and legal requirements. This despite the fact that WorkSafe BC staff have used the same investigative methods for at least the last decade.

 

            The Sun editorial continues, "B.C. workers, and families of those who died or were injured, must now wonder why the rules regarding evidence gathering suddenly changed in the case of the Burns Lake accident. And were the investigators given notification of such a change beforehand? In other words, who is responsible for the current situation in which a mill was found to be operating in an unlawful and reckless manner, resulting in death and/or injury to 22 B.C. workers and where no charges can be laid? Are the rules regarding the gathering of evidence in WorkSafe BC investigations clear even today? And what remedy can now be sought against the mill owners who clearly bear responsibility for the January 2012 disaster?"

 

            Premier Clark quickly appointed her deputy, John Dyble, to carry out an investigation, but this will not bring justice to the families and co-workers of those killed and injured in Burns Lake.

 

            In fact, the roots of this tragedy go much deeper than the crimes of individual sawmill owners, reflecting the patterns of capitalist extraction of resources in North America over the past two centuries.

 

            As revealed in the ground-breaking "Empire of the Beetle" by environmental journalist Andrew Nikiforuk, the over-harvesting of old growth forests along the west coast brought unexpected consequences, including the unchecked pine beetle infestations which have killed billions of trees.

 

            The B.C. government has encouraged companies to harvest beetle‑infected trees before they crumble into stumps. But as experts now agree, processing such trees creates a finer form of sawdust, with far more potential for the 2012 explosions which destroyed mills in Burns Lake and Prince George.

 

            In other words, the scramble for forestry profits which began over a century ago leads directly to the deaths of Robert Luggi and Carl Charlie. But no corporate executive will face jail time for these crimes against workers and the environment.

 

(The above article is from the February 1-14, 2014, issue of People's Voice, Canada's leading socialist newspaper. Articles can be reprinted free if the source is credited. Subscription rates in Canada: $30/year, or $15 low income rate; for U.S. readers - $45 US per year; other overseas readers - $45 US or $50 CDN per year. Send to People's Voice, c/o PV Business Manager, 706 Clark Drive, Vancouver, BC, V5L 3J1.)