Workplace safety penalties too weak: critic

A young man who witnessed the death of a friend in a horrific workplace fire18 monthsago says the penalties for employers who violate safety rules should be much higher.

On March 13, 2008, a barrel of solvents exploded at the O'Regan's Kia body shop on Wyse Road in Dartmouth, N.S. Kyle Hickey, 22, who prepared vehicles for painting and bodywork, was caught in the flames. He died the next day in hospital.

O'Regan Chevrolet Cadillac Ltd. has pleaded guilty to one count of providing an unsafe workplace under the province's Occupational Health and Safety Act.

When a judge rules on the case next month, themaximum fine under the act is$250,000. But Todd Rudolph, a friend and co-worker of Kyle Hickey, who witnessed the fire and narrowly escaped himself, said that's not nearly enough.

"I remember the change in pressure in the room and I turned around tofind out what the commotion was and the wall that was normally white was completely orange," said Rudolph, who was working in a paint booth adjacent to the explosion.

Then he saw his friend stumble out of the flames.

"I couldn't see him. He was invisible, all in flames," Rudolph said.

Another colleague dragged Hickey outside, and Rudolph said he extinguished the flames with a hose. Despite the extensive burns to his friend's body, Rudolph held out hope that he would survive.

"I spent the night in the ER and all I could think about was how he was going to live his life afterwards," Rudolph said.

However, hewas told the next morning that Hickey had died.

"It didn't seem real. It still doesn't seem real," Rudolph said.

The loss of his friend and his own narrow escape has set Rudolph on a mission he wants justice for Hickey and a stiff penalty for O'Regan's.

He said he decided to speak out when he learned four charges had been dropped after the company pleaded guilty to a single charge of failing to provide a safe workplace.

That ruling "says a lot of things, among them we are going to let people slide under the ropes," Rudolph said.

Fines not under review

While themaximum fine in Nova Scotia is $250,000, the biggest penalty ever handed out to a company for a workplace death in the province is $125,000.In Ontario, British Columbia and Alberta the maximum fine is$500,000

Nova Scotia Minister of Labour Marilyn More said the fines are not under review.

"It's certainly in line with what is happening and what is in the legislation for other Atlantic provinces," she said.

Rudolph said he feels betrayed by the government.

"[Premier Darrell] Dexter spoke to a crowd on April 28, 2009 all of which were people who were affected by workplace fatalities and injuries and he promised them it was time to crack down on employers who kill, and I don't feel he's sending that message today," Rudolph said.

Rudolph works in another auto body shop now,with the added responsiblility of beingits safety representative. He said he's doing it for Kyle, so his death won't be in vain.

Rudolph also has permanent reminder of his friend on his right arm a tattoo that says "Living the Dream."

"It was his answer to every question," Rudolph said. "It means that I'm going to keep living the dream because he can't anymore."