A Fraser Valley property developer has been hit with a significant financial penalty and a probation order after a WorkSafeBC investigation found he put construction workers at serious risk on an Abbotsford job site.
Serious Safety Violations Uncovered
In a sentencing earlier this month, Nirmal Singh Takhar, the operator of Phoenix Homes Ltd., was ordered to pay an $80,500 fine and was placed on a two-year probation. The penalties stem from incidents in January 2023, when WorkSafeBC launched an investigation into unsafe practices at a construction project.
The investigation revealed that Takhar directed workers to pour concrete for a suspended slab ramp without the mandatory prior inspection and written approval from a professional engineer. This critical step is a fundamental safety requirement in construction to ensure structural integrity.
A Dangerous Collapse and Disregard for Orders
The situation escalated when a WorkSafeBC officer arrived on site. The officer witnessed workers actively pouring concrete while others were simultaneously removing the temporary shoring supports beneath the same ramp. Shoring is a vital temporary support system that holds structures in place until concrete sets.
The officer immediately issued a stop-work order and had workers evacuated from the hazardous area. Shortly after this evacuation, a portion of the unsecured ramp collapsed, sending concrete and debris crashing to the floor below. The area was secured with caution tape.
Despite the clear danger and the official stop-work order, Takhar allegedly instructed three workers to enter the restricted zone to clean up wet concrete and remove broken shoring, further defying safety protocols.
Guilty Plea and Stringent Probation Terms
Takhar pleaded guilty to multiple charges under both the Occupational Health and Safety Regulations and the Workers Compensation Act. The charges included:
- Failing to ensure proper site-specific planning for formwork and falsework.
- Failing to obtain professional engineering certification before concrete placement.
- Failing to comply with a stop-work order.
- Disturbing the scene of a reportable workplace accident.
In addition to the fine, the terms of his two-year probation are stringent. He is required to retain a qualified health and safety consultant to develop and implement a comprehensive safety program for his operations. He must also ensure all companies under his control comply with safety laws, is prohibited from serving as a site safety officer, and must report to a probation officer.
Todd McDonald of WorkSafeBC stated that the sentencing sends an unequivocal message. "Workplace safety is a legal obligation for employers," McDonald said. "Employers who disregard their legal obligations and put workers at serious risk of injury or death are subject to escalating enforcement and may face legal consequences."
The case underscores the regulatory body's commitment to holding employers accountable for maintaining safe worksites, particularly in the high-risk construction industry.
