The employer ‘failed to provide its workers with the information, instruction, training, and supervision necessary to ensure their health and safety’
WorkSafeBC has issued a fine of $759,000 against the British Columbia government following the death of a young wildfire firefighter and a separate incident that endangered five others.
The fine stems in part from the death of 25-year-old Zak Muise, a firefighter with Bigcat Wildfire, who was killed in July 2023 when his all-terrain vehicle rolled over a steep drop while battling the Donnie Creek wildfire — the largest ever recorded in the province.
WorkSafeBC’s investigation revealed that neither Muise nor his supervisor was wearing a helmet at the time, and that critical safety equipment, including a passenger seatbelt and retention netting, was either unused or damaged, according to a CBC report.
WorkSafeBC stated, “The statutory maximum penalty reflects the seriousness of the violations,” and emphasised that such fines are intended to “motivate the employer receiving the penalty — and other employers — to comply with occupational health and safety legislation and regulation, and to keep their workplaces safe.”
The penalty also covers a second incident in which five Brazilian firefighters were trapped by flames during a planned burn in the Shuswap region.
During the burn in the Shuswap region on Aug. 17 that year, a team of Brazilian firefighters became trapped by "extreme fire behaviour" following a controlled burn operation conducted by the BC Wildfire Service, CBC previously noted, citing a report from WorkSafeBC.
With their escape route cut off, the crew was forced to shelter beneath power lines, burn off surrounding vegetation to protect their truck from ignition, and spend the night amid falling trees, heavy smoke, and flames. They were only rescued the following day after another crew “cut their way into the site” through hazardous terrain, according to the report.
“The employer failed to provide its workers with the information, instruction, training, and supervision necessary to ensure their health and safety, a repeated and high-risk violation,” according to the WorkSafeBC decision.
The Ministry of Forests has expressed “questions and concerns” about the findings and intends to request a review of the penalty decision, arguing that two unrelated incidents were bundled together, according to the CBC report. Still, Forests Minister Ravi Parmar publicly thanked wildfire crews for their dedication, acknowledging the risks they face daily.
Mike Smesman, owner of Bigcat Wildfire, told CBC News, “It was a hard thing to have to go through as a company. It's never easy when you lose anybody.” He added, “Obviously you can't put a price tag on anybody's life. I hope they just ... embrace it and move forward with it and try to be better.”
Wildfire safety tips for employers
There are several steps employers can take to protect workers when there is smoke in the air, according to the Canadian Centre for Occupational Health and Safety (CCOHS). Employers should:
- Monitor the Air Quality Health Index and other indicators of smoke levels.
- Ensure ventilation systems and air filters are maintained to remove smoke particulates, which will help provide clean air to work areas.
- Include wildland fires as a factor in emergency response and business continuity plans if wildland fires are common in the region.
- Implement procedures to monitor and respond to wildland fires and smoke, including the possibility of evacuation.
- Investigate any work-related incidents.
- Provide or call for medical assistance when workers have severe symptoms. Any worker who has difficulty breathing should reduce or stop their activities and notify their supervisor. It may become necessary to temporarily relocate the worker to an area with cleaner air or reschedule the work when the air quality improves.
