'In cases like this, there are often low- or mid-level managers who have no idea what the regulations require, and they delegate tasks without knowing the risks'
A WorkSafeBC investigation has found multiple safety violations at Cypress Mountain Resort following the death of a heavy equipment operator in October 2023.
The resort has now been fined more than $100,000 for its failure to implement proper safety protocols, a case that highlights how gaps in training and supervision can lead to fatal consequences.
According to a report released to North Shore News (NSN), the incident occurred as workers were disassembling the resort’s Eagle Coaster for the season. The 26-year-old telehandler operator was transporting a loaded pallet down the mountain when the equipment began rolling down a steep slope. In an attempt to regain control, the worker managed to grab onto the cab, but the machine tipped over, crushing him.
WorkSafeBC’s findings paint a troubling picture of inadequate training and supervision – the investigation revealed that the machine’s parking brake was not engaged, and neither Cypress Mountain supervisors nor workers had reviewed the manufacturer’s manual, which outlines critical safety procedures.
David Brown, partner at Ascent Employment Law in Kelowna, underscores the legal responsibilities of employers in cases like this.
“Under BC’s occupational health and safety regulations, ultimate responsibility for the workplace rests with the employer; they have to start by knowing what the legal and regulatory requirements are for maintaining a safe workspace,” he says.
“That can be quite a burden, because very rarely does WorkSafeBC reach out to employers to educate them—there’s an onus on companies to know this, and often they don’t even realize the regulations exist.”
Failure to follow protocol and inadequate training
As reported by NSN, the WorkSafeBC report details numerous breaches in safety protocol.
Investigators determined that the operator’s training did not meet provincial standards, and supervisors were unaware of the necessary regulations. The manufacturer’s manual clearly stated that loads should be transported downhill in reverse—this procedure was not followed on the day of the accident.
“The telehandler was not rated to safely operate on the slopes encountered at the workplace, nor was it operated and inspected as recommended by the manufacturer. Cypress did not ensure its supervisors on the coaster project were aware of the hazards of the workplace and the limitations of the telehandler.”
The maximum slope grade for safe operation of the telehandler was 15%, yet in some areas the access road’s incline reached as steep as 34%.
“When you start looking into higher-risk industries like construction or heavy equipment operation, there are very specific regulations that speak to those dangers,” said Brown, highlighting the impact of regulatory lapses in high-risk industries.
“The problem is, in cases like this, there are often low- or mid-level managers who have no idea what those regulations require, and they delegate tasks without knowing the risks.”
Role of safety culture in preventing incidents
According to Alissa Demerse, partner and workplace safety practice lead at Roper Greyell, workplace safety failures often stem from a lack of ongoing safety training and a weak safety culture. Plus, many companies rely on outdated training methods, leading to procedural drift.
“The training gets passed on by person to person in a sense o, ‘Jim did it this way, so he trained Dave to do it this way, and then Rob did it this way,’” she says. “But three transitions of training through the supervisor, no one read the manual, right? Maybe nobody went back to the manual to see if it was updated.”
Demerse stresses the importance of periodic regulatory refreshers for supervisors.
“Some recommendations would be to have a system in place that requires your supervisors to go back to the regulations every so often to refresh themselves... you'll have these hazard assessments and these job evaluations, and then underneath that, you have the training components, which in the system, they will have those regular check-ins.”
Brown agrees, emphasizing the need for continuous education: “One of the conclusions from WorkSafeBC was that this worker was improperly trained,” he says.
“The tragedy of this is that it resulted in a death. Employers often do a one-time training session and think they’ve done enough. But in high-risk environments, training has to be ongoing, reinforced at regular safety meetings.”
He points to an industry best practice: “In trades, they have what’s called ‘toolbox talks’—quick discussions before a shift where workers highlight a specific safety concern. That should be standard in any workplace dealing with heavy equipment.”
The WorkSafeBC fine of $132,369 is based on several high-risk violations, including failure to ensure the load was properly restrained, failure to ensure the equipment was suitable for the terrain, and failure to adequately train and supervise workers.
Responsibilities of employers and workers
While employers bear the primary responsibility for workplace safety, Demerse reminds employers that employee responsibility also plays a crucial role.
“Workers in British Columbia also hold an equal responsibility. So if there's a changed circumstance, like I’ve just been instructed to start going up that hill, and I don't have either job instructions or safety instructions on how to operate that piece of machinery while going up the hill, they should be asking for that.”
Signs of a failing safety culture often include work refusals and complaints of harassment or bullying from supervisors enforcing unsafe practices.
“Where you have a true culture of silence, you don’t hear about it at all,” Demerse says.
“The more important point is that organizations and employers need to cultivate that safety culture within their organization, because we don’t know what we don’t know.”
Brown questions whether the resort should have hired specialists instead of relying on seasonal staff.
“It seems like this was a high-risk job, yet a seasonal worker was assigned to do it. Why not bring in an experienced team to handle it safely? This isn’t just about training—it’s about knowing when to call in experts.”
Lessons from safety protocol failures: up-to-date training
Seasonal workers, who may be unfamiliar with safety protocols, require additional training and oversight; Demerse warns against assuming past training is sufficient for returning staff.
“A mistake that employers often do is they train employees on one thing and then they never train them again. Again, human nature – so we don’t remember in five years.”
In addition to implementing ongoing refresher training, especially when tasks, equipment, or workplace conditions change, Demerse stresses the importance of learning from accidents so they don’t happen again.
“Accidents are inevitable — we would all strive and love to have no injuries in the workplace, but accidents happen, and we learn a lot from accidents,” she says.
“And it’s often accidents that [happen] the first time it’s occurred, and it’s the first time that management’s ever seen this kind of thing occur, and so there’s a lot of learnings that come from that.”
