METRO VANCOUVER – Relatives of three men who died and two others who were severely disabled in a gas leak two years ago on a Langley mushroom farm are pleased that charges have been laid in the case – but said even the maximum penalty of six months against the farm operators wouldn’t be enough to end the pain caused by the tragedy.
Family members thanked government for proceeding with charges under the Workers’ Compensation Act and Occupational Health and Safety Regulations, but during brief comments at a news conference broke down as they told of the outrage and loss they continue to endure.
Tracey Phan, a 14-year-old student at Winston Churchill Secondary, said it’s heartbreaking for her and her sister to visit their father Michael Phan, who suffered irreversible brain damage and remains in hospital.
“˜It’s hard on us. We don’t know if he recognizes us or not. Or if he understands what we are trying to tell him. I would like to get justice back.”
A-1 Mushroom Substratum Ltd. and H.V. Troung Ltd., along with four individual employers and supervisors, could face a range of penalties, up to a maximum fine of $619,271 for a first offence and six months in jail.
For Phan and other relatives who spoke, the maximum penalties aren’t enough.
“I know that the law says that under that charge six months is the maximum. But I feel that six months is not enough because people that you love will never be given back to you. And six months sitting in that jail cell will never return any of the ones who you loved or cared about.”
The charges laid Monday stem from a 20-month investigation by WorkSafeBC into what went wrong at the mushroom composting facility at 23751 16th Avenue in Langley.
“We are pleased that the charges are proceeding,” said WorkSafeBC spokeswoman Donna Freeman. “This was a very serious incident in which three people lost their lives, two others were severely injured and the lives of all the family members were changed forever.”
Freeman described the agency’s probe as the “most complex investigation in WorkSafeBC’s history.”
Twenty-nine counts have been filed, including several alleging that the companies and their officials failed to ensure the health and safety of its workers and failed to remedy hazardous workplace conditions.
Freeman said the investigation report included tens of thousands of pages of documentation. She said the mushroom composting operation ceased after the accident but that the mushroom farm still operates at the same location.
The probe was delayed initially because of the presence of hazardous materials in the composting operation for seven months following the tragedy, she added.
Ut Tran, Jimmy Chan and Ham Pham died in the incident. Their colleagues, Phan and Thang Tchen, suffered irreversible brain damage after breathing in hydrogen sulphide and ammonia.
In addition to A-1 Mushroom Substratum Ltd. and H.V. Truong Ltd., Ha Qua Truong, Vy Tri Truong, Van Thi Truong and Thinh Huu Doan were charged in the information sworn in Provincial Court in Surrey.
B.C. Federation of Labour president Jim Sinclair said he hopes the charges will force other farm operations to fix unsafe conditions.
“Perhaps these charges will result in some other employers understanding that unsafe work conditions are not acceptable in B.C.,” said Sinclair.
The B.C. Fed president said that inspections on farm sites need to be stiffened to stop fatal accidents before they happen.
“The problem is that people think they can get away with this,” he added.
Labour Minister Murray Coell said he hopes the charges in the case will lead to an appropriate resolution, especially for the families of those who died.
“I understand how the families feel. I’ve met with them,” Coell told reporters in Victoria.
“I think what we want to see is to make sure that due process and justice is done and that’s best done through the courts,” he added.
“I think due process is now moving forward.”
dward@vancouversun.com
with files from Jonathan Fowlie
Click on the arrow below to watch a related video: Video: Mushroom Farm Accident. A policewoman explains the situation at the mushroom farm.
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Click on the arrow below to watch a related video: Video: Mushroom Farm Worksafe statement. Worksafe B.C.’s John Eldridge explains the situation as his crew investigates what killed three men at a Langley mushroom farm.b>
Click on the arrow below to watch a related video: Video: Farm worker speaks out Mariwin Aziz works at the Mushroom Farm where the three men were killed.b>
Click on the arrow below to watch a related video: Video: Mushroom farm friends. Anh Bahn, a friend of one of the deceased, explains what he knows of the situation that killed three men at a Langley mushroom farm Friday.
Click on the arrow below to watch a related video: Video: International Day of Mourning. Last year 121 workers died in B.C. These numbers do not reflect the real impact on family left behind or on those who have to look after seriously injured workers.
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