Whitehorse Daily Star

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SHOCKING INVASION - The living room of a Lobird Park mobile home was reduced to shambles after a boulder slammed through the roof in May 2008.

Blasting charges made public; Lang declines all discussion

Court documents outlining the nine charges Occupational Health and Safety charges stemming from last year's blasting incident that sent rocks into Lobird

By Stephanie Waddell on May 8, 2009

Court documents outlining the nine charges Occupational Health and Safety charges stemming from last year's blasting incident that sent rocks into Lobird Park - through residents' roofs, in some cases - were made public Thursday afternoon.

The charges were laid against the Yukon government, contractor P.S. Sidhu Trucking Ltd., project supervisor William Cratty and blaster Peter Hildebrand. Each charge points to the fly rock that "jeopardized the safety of persons at or near Lobrid Trailer Court ...."

On May 6, 2008 debris from the blasting of the Hamilton Boulevard extension soared into Lobird Park, damaging a number of homes and frightening many residents.

A blasting consultant brought in by the government following the incident said it was caused by a hole that was under-loaded.

It took a full year before charges would be laid, following a lengthy investigation.

While the details of the charges weren't immediately available at the courthouse Thursday morning, by Thursday afternoon, they were.

The territorial Department of Community Services faces two charges.

Court documents state that as the constructor on the project, the government failed to ensure its contractor and their supervisor and blaster carried out the procedures in the Occupational Health and Safety Act, which resulted in the fly rock cascading in the trailer park, jeopardizing the safety of people here or nearby.

The second charge against the government states it failed to ensure the contractor and its staff complied with the Occupational Health and Safety Act and its regulations when it allowed blasting to happen on a project in a way that caused the fly rock to fall in areas that jeopardized people's safety.

Liberal Leader Arthur Mitchell questioned Community Services Minister Archie Lang in the legislature about the charges Thursday. Lang said he would not speak to the charges because they are before the court.

"This government, at the point of the accident happening, was aware and jumped into the void and made sure that Lobird Trailer Court and the citizens that were affected were made whole again, and we certainly do not condone an unsafe situation," Lang said.

"But as far as me standing on the floor here today discussing something that's in a court - it's inappropriate."

Facing the largest number of charges, at four, from the matter is the contractor.

P.S. Sidhu Trucking, the charges say, failed to ensure processes under its control were safe and without risks to health when it allowed its workers to do blasting in a way that caused the rocks to fall in areas that jeopardized safety.

The other charges against the company allege it:

  • failed to ensure that work techniques and procedures were adopted and used to prevent or reduce the risk of occupational injury;

  • failed to take all reasonable precautions or implement measures to prevent occupational injury and diseases to workers by controlling hazards through engineering and administrative procedures and develop safe work procedures; and

  • failed to ensure that an "unusual occurrence with explosive materials involving fly rock falling" in areas that jeopardized safety was immediately reported to the director of Occupational Health and Safety.

The owner of Sidhu Trucking could not be reached for comment on the charges.

As supervisor, the two charges against Cratty allege, he failed to ensure a worker with a blaster's permit had proper instruction and performed work without undue risk; and failed to ensure the "unusual occurrence" was reported immediately to the director of Occupational Health and Safety.

Finally, Hildebrand faces one charge of authorizing or permitting work that jeopardized the safety of people.

Both he and Cratty declined to comment on the charges.

The first court appearance on the matter is set for May 26, not May 16, as reported Thursday.

While fines could be levied against all four parties if they're all found guilty, the territory would essentially end up paying itself with the fines going back to the Yukon government.

Kurt Dieckmann, director of occupational health and safety with the workers compensation board, said this morning any fines coming out of court over breaching the act or regulations go back to the territory. He noted the reason behind that is likely to pay for the cost of prosecuting.

While the board takes more serious matters to court, it can also levy its own administrative penalties for lesser contraventions that aren't an immediate danger.

Under the Occupational Health and Safety Act penalties in a court can be to a maximum of:

  • in the case of a first offence, $150,000, and in the case of an ongoing offence, to a further fine of up to $15,000 for each day when it continues after the first day or part of the day, or imprisonment of up to 12 months, or both the fine andimprisonment;

  • for further offenses, $300,000 and, in cases of continuing offenses $25,000 for each day or part of a day the offence continues after the first day or imprisonment for up to 24 months or both the fine and jail.

The blasting was part of the $15-million extension of Hamilton Boulevard to the Alaska Highway near the Robert Service Way intersection.

The incident contributed to delays in the project's conclusion until later this year.

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