Excerpt from the OH&S Canada magazine
After years of legal wrangling, the Supreme Court of British Columbia ruled in April, 2011, that the captain of a ferry that sank five years earlier was not terminated because he raised safety concerns.
The decision was a judicial review of a March 11 ruling by the Workers’ Compensation Appeal Tribunal (WCAT) that concluded Vancouver-based British Columbia Ferry Services Inc. (BC Ferries) did not improperly terminate the worker.
In July of 2008, a WorkSafeBC officer determined that BC Ferries had terminated Captain Colin Henthorne as an exempt master of the Queen of the North ferry because he had raised oh&s concerns. The employer appealed the decision, resulting in the supreme court ruling, which upheld WCAT’s decision.
On the night of March 22, 2006, the ferry struck Gil Island and sank, claiming the lives of two passengers whose bodies were never found. Shortly thereafter, BC Ferries informed Henthorne and all other bridge team members on duty at the time that they would be removed from service, the ruling notes.
During divisional inquiry proceedings a couple of months following the incident, Henthorne raised a number of concerns related to the safety and seaworthiness of not only the Queen of the North, but other employer-owned vessels as well. At the request of the panel, he provided a written list of 58 safety concerns, none of which contributed to the sinking of the ferry. He was dismissed in January, 2007.
After finding that Henthorne was dismissed for raising oh&s concerns, workSafeBC ordered the employer in 2009 to reinstate the worker to his previous position as exempt master and to try to come to an agreement on what he was owed in terms of lost wages and benefits, as well as interest.
“I am satisfied that there was foundation in the evidence for the conclusions the [inquiry] panel reached and for the inferences it drew,” notes Justice Carol Ross of the Supreme Court. Quoting the inquiry ruling, she writes “the employer perceived that the worker, in raising the old safety concerns while at the same time failing to focus on safety concerns that led to the grounding and sinking of the ship, was avoiding his responsibility as master of the ship at the time of its final voyage.”
My opinion
This one was really hard to deal with for me. On one hand, the Captain was raising safety concerns about health and safety and then sank the ferry. He related safety concerns, BUT, none led directly, or indirectly, to the sinking of the ship. I understand the end result but I still wonder if any other captain will forward safety concerns so readily the next time. I would wager a guess he/she would not!
I do hope that legislation has changed, even in a minor role, to attempt to ensure this accident does not happen again.
My wife and I traveled the Mediterranean in November 2012, and the talk on the cruise line is that the accident at the time, the Costa Concordia ran aground off the coast of Tuscany in January of the same year. The captain of our vessel kept making jokes about the navigation of the one we were on but the issue still was on the back of our minds anyway. We discussed it at length with our dinner companions numerous times.
Remember – In Ontario, “ALL Accidents are Preventable”
HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Due Diligence’ and ‘Standard Operating Procedures’. Contact Deborah toll free at 1-877-907-7744 or locally at 705-749-1259.
We can also be reached at info@hrsgroup.com
‘Work’ and ‘Play’ safe.
Daniel L. Beal
CHSEP – Advanced Level
VP & Senior Trainer
HRS Group Inc.
I trust you will write more!
Excellent work!
Thank you for the good posting!
Your style is very unique compared to other people I have read stuff from.
You are incredible! Thank you!
Excellent blog here!
I want to learn more things about it!
We absolutely love your blog and find almost all of your post’s to be exactly what we are looking for.
I just could not leave your site without saying thanks!
Having read this I thought it was rather enlightening.
I found this article at this website.
It’s remarkable to go to see this web page and reading the views!
A fascinating discussion is worth a comment.
I love reading an article that will make men and women think.
Hello, I enjoy reading all of your article posts.
I’m hoping to contribute and help other customers like its aided me. Great job.
I really like it when folks come together and share thoughts.
Great blog, continue the good work!
I really needed this!
Thank you!
You are a very good blogger!
Many thanks!
That there is still value in reporting health and safety issues boggles the mind!
Many thanks!
I wanted to thank you for all the great information you are providing!
Great article!
I will follow you!
Great article!
Many thanks!
I have had the best day coming here!
Good for you!
More of the same!
Great article!
I really like this website!
Good for you!
Great information!
You have my attention!
You are so good at this!
You are one of the best!
Good for you!
Great article!
I really like this website!
Great article!
This has my attention!
One of your very best!
I cannot wait to read more!
I wanted to thank you for all the great information you are providing!
Nicely written!
Nice!
Beautiful!
Great article!
Keep me informed!
Yes, you may be right!
Yes, you have a point!
I cant seem to figure out why I have not been here before!
I really like this site!
More of the same!
Here’s a link to a wonderful blog!
Great article!
I will follow you!
Nicely written!
Good for you!
I, necessarily, think you are right!
You are the best!
Great article!
Awesome material!
Nicely written!
Good article!
Nicely written!
Many thanks!
Excellent!
I really love this site!
Good for you!
I really liked this!
You are one of the best!
I will follow you!
Awesome material!
I wanted this all along!
Good article!
Yes, you may be right!
I really needed this!
You keep me informed!
You are real good!
I go to see your site almost every day!
You are one of the best!
More of the same!
Nicely done!
Great article!
More of the same!
Great talent!
You are the best!
I love this site!
More of the same!
Greatly appreciated!
I will come back!
Good for you!
Yes, you have a valid argument!
Wonderful!
You are the very best!
Yes, you have a point!
Many thanks!
You are real good at this!
Great article!
I will return!
You are the best!
Good article!
Good for you!
Many thanks!
More of the same!
I wanted to thank you for all the great information you are providing!
Many thanks!
Many thanks!
One of your best!
You make a good case!
More of the same!
You are the best!
I will follow you!
I will follow you!
I wanted to thank you for all the great information you are providing!
More of the same!
Great article!
World class!
Good for you!
I really needed this!
Thank you!
World class!
Yes, you have a point!
You are a special writer!
Great article!
More of the same!
Excellent review!
Good point!
Many thanks!
This is really good stuff!
You are one of the best!
Excellent work!
So many nice stories!
I really needed this!
So many fine stories!
So fine!
Many thanks!
Well done!
Great way to put things!
Awesome material!
So many fine stories!
More of the very same!
You are the best!
Im really impressed by it.
Howdy! I know this is kinda off topic however I’d figured I’d ask. Would you be interested in exchanging links or maybe guest authoring a blog post or vice-versa?
Thanks a lot for sharing with us your web page.
Hi, I think your blog might be having browser compatibility issues.
Excellent post.
Thank you and good luck.
I’d like to thank you for the efforts you’ve put in writing this blog.
I’m amazed, I must say.