A group of workers and family members of victims involved in the 2012 explosions at Babine Forest Products and Lakeland Mills have launched a class-action lawsuit against WorkSafeBC and the province.
The ten plaintiffs named in the suit are seeking general, special and punitive damages, as well as declarations from WorkSafeBC admitting inspections and investigations into the explosions were negligent.
On Jan. 20, 2012, Babine Forest Products in Burns Lake exploded killing two workers and injuring 20. Approximately three months later, Lakeland Mills in Prince George also exploded killing two workers and injuring 22.
The notice of civil claim - filed in Vancouver on Jan. 7, 2016 - alleges that prior to the mill explosions, WorkSafeBC “knew or ought to have known that in sufficient concentrations wood dust is combustible and poses a serious risk of explosion,” citing multiple reports from American agencies and WorkSafeBC outlining the risks of combustible dust.
The claim also alleges that, in the three years prior to the Babine explosion, Babine Forest Products was inspected by WorkSafeBC on at least 16 occasions.
In addition, the claim alleges that, in 2011, WorkSafeBC received reports from Babine workers noting concerns about the presence of combustible wood dust, and that on several occasions in 2011 and 2012 small wood dust fires occurred at the Burns Lake mill.
“Despite the above-noted reports and WorkSafeBC’s own inspections, at no time prior to the 2012 Babine explosion did WorkSafeBC take any action, or in the alternative any sufficient action, to minimize or eliminate the combustible wood dust hazard at the Babine Mill,” alleges the claim.
The claim also alleges that at no time prior to the Babine explosion did WorkSafeBC issue any orders or administrative penalties to Babine Forest Products in respect of combustible wood dust.
“In inspecting the Babine mill and enforcing the legislation prior to the Babine explosion, WorkSafeBC conduct was reckless and departed to a very marked degree from the standard of conduct expected of a responsible and competent inspector,” alleges the claim. “These failures would and in fact did cause the class members to suffer physical harm and/or acute and prolonged psychiatric harm including mental distress, anger, depression, anxiety and post-traumatic stress disorder.”
Steve Zika, Chief Executive Officer of Hampton Affiliates – company that owns Babine Forest Products, said he would not make a comment as Babine Forest Products is not involved in this lawsuit.
The notice of civil claim says that, under the workers compensation act, workers cannot sue an employer directly and must rely on WorkSafeBC to protect their health and safety.
Scott McCloy, a spokesperson with WorkSafeBC, said WorkSafeBC will also not make any comments at this point.
Shirley Bond, B.C. Minister of Jobs, said she was not going to comment specifically on the class action filing as that “will be a matter dealt with by the civil courts.”
The civil claim lists six classes of plaintiffs, including workers who were in the two mills during the explosions, workers who were off-shift, and family members of on- and off-shift workers at both locations.
The Babine Forest Products on-shift worker class includes Patrick Ken Michell, a mill worker who resides in Burns Lake and was injured during the explosion. At the time of the Babine explosion, he was employed as a board edger operator at the mill.
This class also includes Thomas Dirk Weissbach, a mill worker who resides in Fraser Lake and was also injured during the explosion. At the time of the Babine explosion, he was employed as a trimmer saw operator at the mill.
The Babine off-shift worker class includes Gerald Lester Whitford, a mill worker who resides in Burns Lake. At the time of the Babine explosion, he was employed as a swamper at the mill and he was not physically present during the explosion.
The Babine family class includes Theresa Mary Michell, a homemaker who resides in Burns Lake, spouse of Patrick Ken Michell.
This class also includes Kathleen Ruby Weissbach, a health care assistant who resides in Fraser Lake, spouse of Thomas Dirk Weissbach.
The other five plaintffs represent Lakeland Mills workers and family members of victims.
The class action claim is yet to be certified and none of the allegations have been proven in court.