Asbestos contractor botched Ladysmith & Chemainus projects

Judge Alexander Wolf’s judgment was published online following his recent verdict.

The veteran judge referenced the dangers exposed to several people, including contactors at the homes.

“These hazards are not just theoretical. Asbestos-related disease is the leading cause of workplace-related death in British Columbia,” the judge said.

Several witnesses, including on-scene contractors and investigators, testified during a three-day trial.

A carpenter assigned to a Fourth Ave. Extension home testified that he almost fell through sawed-out floor.

The worker observed a pile of dust and old flooring, telling the court there was no signage posted, as well as no reports to indicate the level of on-site safety hazards.

Drywall dust was reported all over the place and an air machine was not turned on, the trial was told.

The Ladysmith home was considered a high-risk abatement site.

WorkSafe BC officer at the Ladysmith property testified to debris labelled ‘asbestos’ outside the worksite and that proper protocols were not followed.

Open joists and lots of dust was present, with the WorkSafeBC official describing the overall condition of the site as “fairly egregious.”

Forged clearance certificate

Young presented an asbestos clearance report, required prior to work being undertaken at the Ladysmith home.

A witness who does asbestos sampling testified her records confirmed the Ladysmith property had not been cleared and that her signature had been forged on the tampered document traced to previously served Delta home.

“The evidence is clear that the lab work indicated on the certificate had never been done on the Ladysmith property. The information on the reports was from a totally different site,” judge Wolf said.

Chemainus asbestos removal

Another home in Chemainus on Douglas St., proven to also have been overseen by the company and Young, was deemed a moderate abatement risk.

A worker was seen on site not wearing protective gear, who reported he was only removing non-asbestos material.

The worker was described as uneducated regarding precautions required and dangers presented from asbestos.

When asked why an air machine was not turned on, the worker told a witness.

“We could not fit it in the truck.”

Young, who was represented by legal counsel, elected not to produce any evidence.

Judge Wolf found there was no evidence indicating the defendants acted with any degree of due diligence to avoid foreseeable risk to workers.

“To the contrary, the lack of precautions taken, the forged lab information, and utter disregard for adherence to even the most basic regulations show that very little to no effort was made to adhere to the asbestos abatement standards in British Columbia as they existed at the time.”

Workers Compensation Act violations typically lead to fines as opposed to jail sentences.

Young has not yet been sentenced on the matter.

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by Ian Holmes

Asbestos contractor botched Ladysmith & Chemainus projects

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