Owner of B.C. developer fined $80K, banned from being safety officer after concrete mishap
The owner and director of a B.C. development firm was placed on probation and fined $80,500 after a workplace safety violation involving a concrete pour accident.
Today, WorkSafeBC offered a statement on the sentencing of Nirmal Singh Takhar, the director and owner of Phoenix Homes Ltd.
The statement said that Takhar was guilty of multiple violations of the Workers’ Compensation Act and directed unsafe work at a construction site in Abbotsford. Takhar also disregarded a stop-work order.
WorkSafeBC’s Jan. 25, 2023, investigation found that Takhar had instructed workers to pour concrete for a suspended slab ramp without a required inspection and written approval from a professional engineer, which contravened a section of the Occupational Health and Safety Regulation (OHSR).
During the pour, a WorkSafeBC safety officer attended the site. The officer observed the workers pouring concrete while others removed shoring beneath the ramp.
“Shoring acts as a temporary support system critical to maintaining structural stability,” the statement said.
“The officer immediately ordered work to stop and removed workers from the hazard area. Shortly afterward, a portion of the ramp collapsed, sending concrete and debris to the floor below. A stop-work order was issued and posted at the site, and the affected area was restricted with caution tape,” WorkSafeBC’s statement adds.
Despite the stop-work order, WorkSafeBC discovered that Takhar had later directed three workers to enter the restricted area to remove broken shoring and reinforcing steel.
“By doing so, Mr. Takhar failed to comply with a stop-work order, exposed workers to a risk of serious injury or death and disturbed the scene of a reportable workplace incident.”
The consequences of Takhar’s actions include a fine of $70,000 fine and a $10,500 victim surcharge. He also faces a two-year probation order, which has several conditions, including retaining a qualified health and safety consultant to create a compliant safety program and ensure all companies under Takhar’s ownership comply with OHSR and WCA requirements.
Takhar is also prohibited from being a site safety officer at any construction workplace.
WorkSafeBC says, “This landmark case sets an important precedent for worker safety enforcement in B.C.’s construction sector.”
“This sentencing sends a clear message: workplace safety is a legal obligation for employers,” said Todd McDonald, head of prevention services at WorkSafeBC, in a statement.
“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.”