WorkSafeBC has fined the Ministry of Transportation and Infrastructure $783,068.26 for unsafe practices related to traffic control at last summer's Shambhala Music Festival near Salmo.
The ministry however, does not agree with WorkSafeBC's analysis of the incident and is considering requesting a review of the decision.
The Shambhala Music Festival is an annual electronic music festival held on a farm with upwards of 20,000 attendees.
According to a summary published by WorkSafeBC online, the festival contracted with Safe Start Safety Ltd., a traffic control company, to direct vehicles between Highway 3A and the festival. The plan had been approved by the ministry.
On July 29 two ministry staff members intervened in Safe Start's work and began directing traffic themselves when they noticed vehicles backing up on the highway. Safe Start withdrew their workers as they did not believe this work was safe to perform in the way that ministry staff was directing them.
This was later reported to WorkSafeBC, who investigated and determined that the two ministry workers were not trained, equipped, or qualified to direct traffic.
"WorkSafeBC determined the ministry workers were not trained TCPs (Traffic Control Persons) and had been directing traffic from an unsafe position on the highway," the summary states.
"In addition, the employer (the ministry) had not provided specific direction to its workers on how, and under what circumstances, they should perform traffic control. The employer failed to ensure that workers did not direct traffic contrary to a control device or from a position open to traffic flow."
The summary states that these actions constituted a "high-risk violation."
The ministry, in an email to the Nelson Star, acknowledged that its workers did not have the requisite training and equipment. But the workers were justified, the ministry said, in stepping in to "an emergency situation that quickly arose when a designated traffic control person from a private company failed to perform their duties."
The email goes on to say that the ministry employees' actions were "driven by the need to address the imminent safety risk to the travelling public, and to ensure highway access for emergency vehicles and first responders. Ministry staff were able to successfully clear the traffic without incident to themselves or the travelling public."
WorkSafeBC in its email called the fine an administrative penalty whose purpose is 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 amount of a penalty is usually based on the size of the employer’s payroll, and the nature of the violation, WorkSafeBC said.
