WorkSafeBC investigation alleges ‘systemic failure’ to manage workplace safety at multibillion-dollar worksite in Vancouver

Jason Proctor · CBC News

· Posted: Nov 01, 2024 8:00 AM EDT | Last Updated: November 1

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 storeys to 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 document — sworn 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 the employer 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 EllisDon denied the allegations and said the company “is committed to the highest level of safety, not only on this job site but on all of our projects.”

“We continue to co-operate fully with WorkSafeBC in all respects,” a spokesperson wrote.

The $6.5-billion redevelopment of the 11-hectare Oakridge site occupies roughly eight city blocks and includes 14 towers that are being built to provide 3,000 homes for nearly 6,000 residents.

Developers Westbank and Quadreal describe the 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 a steel 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 allegation against EllisDon is baseless’

The information sworn to obtain the warrant was written by Special Provincial Const. Jordan McLellan, a former RCMP officer who works with WorkSafeBC’s Occupational Health And Safety Investigations team  — 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 warrant says 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, rather than 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, EllisDon denied the claim regarding a sanction.

“The allegation against EllisDon is 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 involves possible contraventions of the Workers Compensation Act or 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 safety in British Columbia.”

According to the search warrant, an EllisDon representative reported the scaffolding incident to a WorkSafeBC occupational safety officer, who then met with representatives 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 slab when 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 company is 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, WorkSafeBC said there are currently three investigations underway related to incidents at the Oakridge worksite, noting that “crane safety is a priority” for the agency.