Worker injured in explosion at mine
The Environmental Appeal Board (EAB) of British Columbia has upheld a $140,000 fine against Teck Coal after a mechanic suffered severe injuries in an explosion.
The incident happened on Jan. 28, 2019 at a Greenhills mine workshop in Elkford.
Maxam Explosives Inc. transports and mixes components of explosives in “prill” trucks. The contractor employs drivers to operate the trucks, and mechanics to maintain and service the trucks.
According to the EAB, on the day of the incident, a truck driver drove into the contractor's workshop with a flat tire. The mechanic proceeded to change the wheel on the truck using the replacement wheel delivered by the tire company. During installation, the replacement wheel exploded.
Two other employees of the contractor who were in an adjacent room heard the explosion and ran into the workshop to find the mechanic on the workshop floor with severe injuries.
They initiated an emergency response, as required for a critical incident by Teck Coal’s documented emergency response procedures. Once the mechanic was cared for and transported off-site, Teck Coal and Maxam began investigations and reporting to the Ministry of Energy, Mines and Low Carbon Innovation, as required.
The Chief Inspector of Mines imposed an administrative penalty of $140,000 on the Appellant for contravening section 37(2) of the Act by failing to comply with part 1.11.1(1) of the Health, Safety and Reclamation Code for Mines in BC.
Part 1.11.1(1) of the Code provides that the manager shall ensure that workers are “adequately trained to do their job or are working under the guidance of someone who has competency both in the job and in giving instruction”.
Teck Coal’s appeal
In its appeal, Teck Coal – now operating as Elk Valley Resources, according to CBC – requested that the Determination to the Environmental Appeal Board set aside the initial decision pertaining to its violation of part 1.11.1(1) of the code.
Should the board decide a penalty is to be imposed, Teck Coal wants them to quash the penalty determination and remit it for redetermination on the basis that the contravention is “minor” due to the steps the steps took to prevent the contravention. Alternatively, if the finding of contravention is upheld, the employer helps for a reduction in the $140,000 fine.
However, the EAB found that the Mechanic earned red-seal certification to work as a heavy-duty mechanic in both British Columbia and Alberta and had worked in the trade for at least nine years at the time of the injury. The employer argues that because of that training and experience, the mechanic should have been familiar with how to safely change wheels, and would therefore not require training as anticipated by part 1.11.1(1) of the code.
Several months after his injury, however, the mechanic informed the inspector that he had not received warnings about the hazards associated with the types of wheels used on the contractor’s trucks and had not received training about how to change wheels to avoid those hazards.
Daphne Stancil, panel chair, EAB, denied Teck Coal’s appeal, upholding the original fine.
“In making this decision, I have considered all the evidence before me, and the parties’ submissions, whether or not I specifically refer to them in these reasons,” she said. “Taking into account all the findings in this decision, I dismiss the appeal. I make no order for costs.”
