British Columbia Federation of Labour

Despite a tragic death, warnings, and WCB inspections, the Maple Ridge gas station, where last year Grant DePatie lost his life is still failing to abide by BC's Health and Safety laws, said B.C. Federation of Labour President Jim Sinclair.

"Despite Grant's death and despite previous inspections and orders, this employer is allowed to remain out of compliance without any penalty or meaningful action from WorkSafeBC," Sinclair said.

In the last week, the Federation visited the operation twice after 11:00 pm to learn that not only is the station ignoring its late night pay before you pump policy, it's also failing to ensure the doors are locked after 11:00 pm, contradictory to the employer's health and safety plan.

An investigation by WorkSafeBC into Grant DePatie's death determined that had they been enforced, "the late night payment policies would have prevented this fatality."

"The employer only filed a plan after Grant's death, but the plan means nothing if the employer isn't following it," Sinclair stated. "A worker's death shouldn't be the needed wakeup call to employers about the importance of health and safety standards, but when even that's not enough we have a huge problem on our hands.

"Employer self policing isn't working," said Sinclair. "Any employer who is failing to protect nightshift workers employed in gas stations and convenience stores, should face an immediate crackdown from WorkSafeBC."

In January, the B.C. Federation of Labour conducted an informal survey of gas stations operating in the Lower Mainland. Of the 12 stations surveyed, only one appeared to have implemented a Working Alone Policy as outlined by WorkSafeBC regulations.

"Our survey showed employers haven't put in place the rules to protect workers' health and safety," Sinclair stated. "That's why we're calling on the provincial government and WorkSafeBC to ensure that within 30 days, employers register their plan for working alone or risk being shutdown for late-night operations."

While regulations currently require employers to have a plan in place for people working alone, there is no mechanism to ensure that this law is being followed.

Sinclair has previously called on Labour Minister Mike de Jong and Solicitor-General John Les to implement new measures in response to continued reports of violence and threats of physical harm to nightshift workers employed in the service industry.

These measures include:

• Requiring all employers open to the public with 24-hour or late-night operating hours, to file, within 30 days, with the Workers' Compensation Board the employers' plans for employees working alone. Any employer who fails to file such a plan should be barred from operating in these hours;
• Implementing regulations that would require customers to pay for gasoline before they pump, in an effort to prevent violent crimes occurring;
• An education and awareness campaign for both workers and employers, advising them of the risks, rights and obligations in the service sector;
• Greater enforcement by the WCB and Ministry of Labour, Employment Standards Branch, of current laws and standards; and
• Ensuring that at least two workers are on shift together during late night hours.

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For more information contact: Jessie Uppal 604-430-1421 or 604-220-0739

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