WorkSafeBC imposed a record total penalty amount of more than $4.4 million in 2009 against employers for violations of the Occupational Health and Safety Regulation and the Workers Compensation Act.

Key facts set out in the News Release, 2009 Penalty Report and Backgrounder issued by WorkSafeBC on March 11, 2010, include:

2009 Penalty Report

• 211 penalties were imposed against 190 employers, totalling $4,465,313.40.
• The previous record amount was a total of $4,256,516 for 221 penalties imposed in 2007.
• Individual penalties ranged from $1,000 up to $250,000. 
• The highest penalty - $250,000 - was imposed against Canadian Natural Resources Limited for an incident in which a young worker fell from a work platform on a drilling rig after it was engulfed in flames following an uncontrolled release of gas from a wellbore.
• Employers from 67 industry classifications received penalties.
• Companies in five construction-related classifications accounted for more than half (58.7%) of the penalties imposed.

WorkSafeBC's Ability to Impose Penalties

• WorkSafeBC will consider imposing an administrative penalty when an employer:

-Commits a violation resulting in high risk of serious injury, serious illness, or death

-Violates the same section of the Act or the Regulation on more than one occasion

-Violates different sections of the Act or the Regulation on more than one occasion, where the number of violations indicates a general lack of commitment to compliance

-Fails to comply with a previous order within a reasonable time

-Knowingly or with reckless disregard violates one or more sections of the Act or the Regulation 

• WorkSafeBC determine penalty amounts in part, based on the size of the employer (larger payrolls are assessed higher penalties) and seriousness of the violations determine the amount of the penalty. In certain circumstances, claim costs may also be applied to the penalty. In extraordinary circumstances, WorkSafeBC has the ability to go beyond prescribed limits and increase the penalty amount.
• The maximum penalty amount is adjusted yearly. The maximum penalty amount for 2009 was $565,329.86.
• Penalties imposed may be appealed to the Review Division of WorkSafeBC and employers can appeal Review Division decisions to an external and independent appeal body - the Workers' Compensation Appeal Tribunal.
• Approximately 90 percent of penalties are upheld on appeal.

Prosecutions

• WorkSafeBC can refer cases to Crown Counsel to consider for prosecution. Prosecutions are infrequent, however, because significant financial penalties may be imposed under the Act to address serious non-compliance issues. Where there is evidence of such misconduct, the Crown may consider it in the public interest to pursue formal charges rather than administrative remedies.
• Since 1999, WorkSafeBC has imposed 1,644 administrative penalties totaling over $23.6 million. There have been 17 penalties imposed of over more than $100,000 - the largest being $297,120.
• From 1995 to 2000, WorkSafeBC referred 28 cases to the Crown to consider for prosecution. Of these 21 resulted in convictions and 7 in acquittals or stays of charges. The total amount of fines imposed from the prosecutions in this period was $534,500. The highest fine imposed was $85,000 and one case resulted in imprisonment for 45 days.