Vancouver Sun | JENNIFER SALTMAN | Published on: September 26, 2016
A Lower Mainland asbestos-removal contractor said he plans to continue fighting the almost $280,000 in penalties he has been ordered to pay after being found in contravention of health and safety rules.
The fines, which were imposed on Seattle Environmental Consulting Ltd. in December and are related to incidents that took place from 2013 to 2015, were upheld last month by WorkSafe B.C.’s review division.
Seattle Environmental’s owner, Manoj (Mike) Singh said he’s planning to appeal to the Workers’ Compensation Appeal Tribunal, and will take the issue to court for a judicial review if necessary.
“The game’s not over yet,” said Singh. “They want to close me down for something that I have not done. All these fines are based on exposure (to asbestos), and to date there’s no exposure.”
According to the WorkSafe B.C. penalties database, the fines were assessed on Dec. 4 and 7 and related to work done at sites in Vancouver, Surrey, Richmond, Burnaby, Maple Ridge and North Vancouver where the firm was conducting hazardous materials surveys, removing asbestos-containing materials from houses or issuing clearance letters. The violations are described as “repeated” and “high risk.”
Al Johnson, vice-president of prevention services at WorkSafe B.C., called Seattle Environmental unusual, in that when faced with escalating fines and increased enforcement, the vast majority of employers comply with orders and pay their fines. He said Singh has done neither.
“For whatever reason, I would say this employer is an exception to us,” Johnson said. “We’re not overly pleased with his company’s actions and how they carry on business.”
That’s why WorkSafe has added Singh’s company to a “focus list” and inspectors go out of their way to find Seattle Environmental’s work sites and conduct inspections.
Singh maintains that his sites are safe and he is following all of the rules and regulations. He claims that he is the subject of racial discrimination because he is South Asian, and has filed a lawsuit to that effect. Johnson called the allegation “absolutely false.”
Singh has a long history with WorkSafe B.C. Seattle Environmental Consulting Ltd. was fined $75,000 in 2013 for violations.
A company where Singh was previously the manager and his son was an employee — Skylite Building Maintenance Ltd. — was issued more than 200 violations between 2007 and 2012 and assessed hundreds of thousands of dollars in penalties.
In February, a B.C. Supreme Court judge ruled the men were not in contempt of court for violating a 2012 court order. WorkSafe B.C. appealed the decision, and Singh has filed a cross-appeal to have the 2012 order nullified and his costs covered.
He has also filed a half dozen lawsuits against WorkSafe B.C., the most recent of which accuses the organization, its lawyers and its board of malicious prosecution.
“They say I’m litigious, but if you’re going to prosecute me for something that’s not true, that’s my right,” Singh said.
In a news release, the B.C. Insulators Union said it was “appalled” at the latest fines and called on the province to introduce mandatory licensing of asbestos removal and testing firms so that rule violators can have their operating licence suspended when breaches occur.