B.C. Developer Fined $80K After Concrete Safety Violation

The owner of a British Columbia development firm has been fined a total of $80,500 and placed on probation following a serious workplace safety breach. Nirmal Singh Takhar, director and owner of Phoenix Homes Ltd., was found guilty of multiple violations of the Workers’ Compensation Act as a result of a concrete pour accident at a construction site in Abbotsford.

According to a statement from WorkSafeBC, Takhar failed to adhere to safety regulations by instructing workers to pour concrete for a suspended slab ramp without obtaining necessary inspections or written approval from a professional engineer. This action violated crucial sections of the Occupational Health and Safety Regulation (OHSR). The incident was investigated on January 25, 2023, when a WorkSafeBC safety officer was present at the site.

During the concrete pour, the officer observed workers performing the task while others removed shoring from beneath the ramp. The shoring is essential as it provides temporary support necessary to maintain structural stability. The officer immediately ordered a halt to the work and evacuated workers from the hazardous area. Shortly after this intervention, a portion of the ramp collapsed, sending concrete and debris crashing to the floor below.

Following this incident, a stop-work order was issued and prominently posted at the site, with the affected area secured using caution tape. Despite this, Takhar directed three workers to enter the restricted area to remove broken shoring and reinforcing steel. Such actions not only disregarded the stop-work order but also exposed workers to potential serious injury or death, while disturbing the scene of a reportable workplace incident.

As a consequence of his actions, Takhar faces a fine of $70,000 along with a $10,500 victim surcharge. He has also been placed on a two-year probation, which includes conditions requiring him to engage a qualified health and safety consultant to develop a compliant safety program. Additionally, Takhar must ensure that all companies under his ownership meet OHSR and Workers’ Compensation Act (WCA) requirements. Furthermore, he is barred from serving as a safety officer at any construction workplace.

WorkSafeBC emphasized the significance of this case, stating, “This landmark case sets an important precedent for worker safety enforcement in B.C.’s construction sector.” Todd McDonald, head of prevention services at WorkSafeBC, remarked on the implications of the ruling, stating, “This sentencing sends a clear message: workplace safety is a legal obligation for employers. Employers who disregard their legal obligations and put workers at serious risk of injury or death are subject to escalating enforcement and may face legal consequences.”

The ruling against Takhar underscores the critical importance of compliance with safety regulations in the construction industry, reinforcing that the safety of workers must always be a priority.