'Systemic failure' to manage safety at Vancouver's Oakridge construction site, WorkSafeBC alleges

WorkSafeBC claims a "systemic failure to manage workplace health and safety" has plagued Vancouver's multibillion-dollar Oakridge construction site, according to court documents obtained by CBC.

A search warrant executed last month following an incident in which a piece of scaffolding fell 41 storeysto an open zone near a public roadway says "multiple" statements made by the project's prime contractor indicate "the site is too large, [which the contractor is] unable to control and they have site pressures."

The documentsworn in Vancouver provincial court details the rationale for a WorkSafeBC investigation into the worksite and Ontario-based construction giant EllisDon.

"EllisDon has repeat high-risk violations where controls were known, yet they have not put them in place," the search warrant says.

"The overall approach to health and safety by theemployer was ineffective, creating a systematic failure to manage workplace health and safety. EllisDon has not been able to control and manage exclusion zones and overhead work and safely co-ordinate work activity at the site."

'Willing to pay a maximum WorkSafeBC sanction'

In a statement to CBC, a spokesperson for EllisDondenied the allegations and said the company "is committed to the highest level of safety, not only on this job sitebut on all of our projects."

"We continue to co-operate fully with WorkSafeBC in all respects," aspokesperson wrote.

The $6.5-billion redevelopment of the 11-hectareOakridge siteoccupies roughly eight city blocks and includes 14 towers that are being built to provide 3,000 homes fornearly 6,000 residents.

Developers Westbank and Quadreal describethe project which includes 300 stores and a giant park as both one of the single biggest developments in Vancouver's history and "one of the most monumental redevelopments currently underway in North America."

Concerns about safety at the site were raised last February when a tower crane dropped its load, crushing a woman working on the ground below. The victim, Yuridia Flores, was a mother of two from Mexico.

WorkSafeBC is still investigating that incident. On July 30,another file was opened in relation to the scaffolding incident, which occurred as asteel base plate came loose from its wire restraint and fell to the ground, "likely striking the building and ricocheting outward."

"No workers or members of the public were injured. However, the potential for serious injuries or a fatality is significant," the search warrant says.

'The allegationagainst EllisDonis baseless'

The information sworn to obtain the warrantwas written by Special Provincial Const. Jordan McLellan, a former RCMP officer whoworks with WorkSafeBC's Occupational Health And Safety Investigationsteam the unit which investigates serious and fatal workplace incidents.

The document says McLellan's unit is investigating EllisDon and two Alberta-based subcontractors. The warrant was sworn to search and seize records from the Burnaby office of one of the subcontractors.

The search warrantsays the scaffolding incident landed on McLellan's desk at a point when a colleague happened to be probing the deadly February incident, which occurred"at the same location with the same prime contractor, EllisDon."

"EllisDon stated to investigators in the preliminary stages of the fatality investigation that they were willing to pay a maximum WorkSafeBC sanction, ratherthan to deal with a problem employer," McLellan wrote.

"All other means of motivation have not improved the overall co-ordination and health and safety at the site, which ultimately falls to the prime contractor."

In a statement, EllisDondenied the claim regarding a sanction.

"The allegationagainst EllisDonis baseless, without merit, and we reject it on the strongest possible terms," a spokesperson said.

"Across our 70-plus years as an industry leader, we have and continue to hold ourselves to the highest level of integrity, with the safety of workers being the top priority. With respect to our safety management program, we will continue to hold ourselves and our subcontractors to account on this basis."

'32 violations in total'

The search warrant outlines the justification for a "prosecution investigation," which WorkSafeBC says involvespossible contraventions of theWorkers Compensation Actor Occupational Health and Safety regulations.

"There is an extensive internal listing of near miss/disciplinary infractions/repeat infractions, 32 violations in total," McLellan writes.

"Due to the high-profile nature of this work site and the numerous incidents that have occurred at the site, a prosecution would promote public confidence in the regulation and maintenance of high standards of occupational health and safetyin British Columbia."

According to the search warrant, an EllisDonrepresentative reportedthe scaffolding incident to a WorkSafeBC occupational safety officer, who then met withrepresentatives for the company and the two subcontractors as well as three workers.

"The workers explained that they were in the process of relocating the scaffold section over a low parapet wall to the very edge of the 41st level slabwhen the component detached itself from the scaffold frame and fell to the street level below," the document says.

"]The WorkSafeBC officer]observed tie wire securing the screw jacks to the frames of the scaffolding. A manufactured work platform that was not tethered was located next to the scaffolding section. No related engineering documents were obtained for this scaffolding, contrary to the regulatory requirements."

The companyis not facing any charges in relation to either incident, and none of the allegations contained in the search warrant have been tested in court.

In a statement, WorkSafeBCsaid there are currently three investigations underway related to incidents at the Oakridge worksite, noting that "crane safety is a priority" for the agency.