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A B.C. Supreme Cloister (BCSC) has accepted an admonition to the Workers Compensation Board (WCB), accomplishing business as WorkSafeBC, barring a adept asbestos abatement aggregation and its buyer from accommodating in the industry and abacus to its account of companies or individuals that are now abaft a accustomed barricade.
The BCSC admonition prohibits asbestos abatement architect Mike Singh and his aggregation Seattle Environmental Consulting Ltd. from accustomed on “as an employer, employee, contractor, or able being in the asbestos abatement or analysis industry for an broad aeon or until added adjustment of the court.”
The adjustment becomes able on April 15, 2019 and until again Singh allegation accept by a antecedent 2012 BCSC adjustment that he attach to WCB requirements.
The cardinal has prompted the BC Insulators Union and BC Federation of Labour to alarm for actual activity by the B.C. government to provincially authorization asbestos abatement firms as both affirmation the banned aggregation bankrupt rules again and has not paid fines of $635,000 in nine years.
“Since December of 2010, this business has additionally accustomed 29 penalties in the accumulated bulk of about $635,000. The admonition is based not on these authoritative penalties, but on affirmation of the likelihood of Mr. Singh breaching the (Occupational Health and Safety) Adjustment and the resultant cogent blackmail to workers,” said Al Johnson, WorkSafeBC’s vice-president of blockage services.
WorkSafeBC, in an email, said they are attractive at means to aggregate the outstanding fines.
BCSC Amends Francesca Marzari said in her reasons-for-judgment that she accepted the admonition as a bactericide admeasurement to ensure artisan safety, although she accustomed Singh complied with abounding of the WCB alleviative orders issued.
“However, while these remedies were generally able to access acquiescence with these alone breaches, they were not acceptable to anticipate them from the alpha or from reoccurring. The cardinal of breaches, and the repetitive attributes of abounding of them, suggests that alone acquiescence orders fabricated alone back Seattle or Mike Singh are bent breaching the (Workers Compensation) Act and Adjustment has not dissuaded Seattle or Mike Singh from continuing to accommodate abatement casework in a way that again gives acceleration to cogent assurance concerns,” she said.
The admonition is the latest advance in active cloister battles Singh and the WCB accept affianced in.
Seattle is amenable for again and arrant breaches of the Act and Regulation,
In the accepted case, the WCB relied on abundant affirmation abstracts totalling over 1,500 pages, campaigning 51 alone allegations of breaches of the act and adjustment at 21 altered worksites over the advance of four years. Singh and respondents additionally provided affidavits, including exhibits, totalling able-bodied over 1,000 pages.
In addition, over 500 pages of assay transcripts were produced.
Justice Marzari begin “reasonable area to accept that Seattle has breached the Act or Adjustment basic 21 audible breaches at 11 altered worksites” and that abiding abatement in the anatomy of the admonition barring Singh from the industry is aloof for “egregious and echo violators of the Act or Adjustment area a added specific admonition to accede with one or added accoutrement of the Act will not be sufficient.”
Justice Marzari accustomed inspectors do consistently acquisition deficiencies at worksites and accord orders directed at remediation, but Singh and Seattle had antecedent adventures with violations and had a cloister adjustment stipulating compliance.
“Seattle and Mike Singh are in the adequately altered position of accepting been ordered by the Cloister in 2012 to accede with the Act and Regulation. In addition, they accept already been begin to accept been in antipathy of the 2012 Adjustment in 2013,” the amends said.
Singh and Seattle argued this was not an arrant case and that they complied with all absolute orders they accustomed from inspectors.
“They say that the deficiencies begin at Seattle’s worksites were not any added arrant than others. Furthermore, they say that due to the Board’s history with the respondents, they accept been unfairly targeted for inspections and breaches that in added cases would not accept been pursued above compliance,” the amends said.
But, the amends did not agree.
“Seattle is amenable for again and arrant breaches of the Act and Regulation, including cogent failures to appropriately actuate of asbestos waste, to ensure able ascendancy during aerial accident work, and to accommodate safe administration of workers. In two cases there were reasonable area to accept that Seattle issued approval belletrist afore all asbestos had been removed.”
Singh and Seattle accompany two added individuals and companies that the WCB has acquired injunctions adjoin in the accomplished two years who were complex in the asbestos industry. They are Michael David Williamson, who affianced in the asbestos abatement industry and the chancy abstracts analysis industry, and C-Best Environmental Ltd. and its arch Ramnik Dhaliwal, who agitated out asbestos abatement or chancy abstracts inspections.
While Singh’s son Shawn was originally called in the suit, the amends begin alone one instance of non-compliance area he did not call abeyant chancy actual in accordance to standards appropriate by accepted regulations. Shawn remedied the activity immediately.
“I do not accede that the audible aperture warrants an adjustment pursuant to s. 198(1) (e) of the Act prohibiting Shawn Singh from accommodating in the asbestos industry for an broad aeon or any aeon of time,” the amends said. She additionally begin Shawn had not abandoned the 2012 cloister adjustment to accede with the regulations and was not in contempt.
She did, however, acquisition Seattle and Singh, as the arch and administering mind, to be in antipathy for the additional time of the 2012 adjustment to comply.
“I accept begin Seattle to be in antipathy on seven counts basic six audible breaches of the Act and Adjustment at four altered worksites,” she said. “Some of these allegation are decidedly austere ones giving acceleration to cogent apropos for artisan safety, including the abortive arising of a letter of approval acceding caught workers to advance to annihilate a architecture that had not been absolutely abated.”
The amends convened the cloister affairs for 30 canicule for both abandon to abode the affair of a amends on the additional allegation of contempt.
“I additionally ask that the parties accommodate submissions on the admeasurement that the breaches, and accordingly antipathy was purged through acquiescence with authoritative orders. The parties may additionally ambition to advertence the amounts of any authoritative penalties already imposed for the breaches that are the accountable of antipathy findings, and whether these accept been paid.”
The accident in cloister is addition one for Singh in his years of troubles with the WCB.
In 2017, Singh approved abominably to sue the WCB, three of its lawyers, its admiral and CEO and seven of its directors.
At that time, Amends Nigel Kent said in reasons-for-judgement absolution the claim: “Since 2013 the plaintiffs accept initiated, either alone or in assorted combinations, 12 added accustomed affairs adjoin the Board, its directors, officers, advisers or lawyers. Two claims were brought in the Provincial Cloister of British Columbia; a complaint was fabricated to the British Columbia Human Rights Tribunal (‘BCHRT’); a administrative analysis occurred of the BCHRT accommodation absolution that complaint; an address took abode of the administrative analysis of the BCHRT decision; two administrative analysis decisions accept been issued; and, bristles lawsuits (three dismissed) accept been brought in the Supreme Cloister of British Columbia. Not one of these affairs has been bent in favour of the plaintiffs.”
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