Tag Archives: Public Relations

Another Worker Run Over By a Snow Cat At Sunshine Village

Sadly it’s happened again!  Another worker has been run over by a snow cat at Sunshine Village.  It’s not the first time.  It’s also just the latest in an ongoing litany of serious public and workplace safety incidents at Sunshine Village Ski Resort.

A snow groomer machine similar to those used at Sunshine Village

The Rocky Mountain Outlook has reported that on Friday (May 16, 2014) a 25-year old male employee fell from the rear deck of a snow groomer and was run over by the machine.

The Calgary Herald reports the following statement was issued by Alberta Occupational Health & Safety.

“A snow cat operator was performing grooming duties on the lower park area at about 4 a.m. and some workers were riding outside on the deck of the grooming machine,” Lisa Glover, Alberta Occupational Health and Safety spokeswoman, said in an email.  “One of those workers (on the deck) fell off and was run over by the snowcat.”

Neither the media, Sunshine Village nor OH&S have mentioned the fact that this is not the first time a worker has been run over by a snowcat at Sunshine Village.  In the last incident of this type a young female worker attempted to jump from an operating snowcat and was seriously injured when it ran over her.

On a standard snow groomer there is no secure position on the outside rear deck for a passenger to ride safely.  According to OH&S statement there was more than one worker riding on the outside of the machine and the groomer was actively working in the terrain park at the time.  The injured worker is an employee of the on-site food and beverage contractor Aramark.  He was transported to Banff Mineral Springs Hospital and then flown to Foothills Hospital in Calgary and is apparently in stable condition.  He’s very lucky he’s not dead and certainly it was only luck saved him from that fate.

Ten Years Since Fatal Workplace Accident at Sunshine Village

Karl Stunt - Young worker killed on the job at Sunshine Village in 2004.  Has anything changed since?
Karl Stunt – Young worker killed on the job at Sunshine Village in 2004. Has anything changed since?

This latest serious incident comes almost 10 years after the fatal workplace accident that took the life of Sunshine Village employee Karl Stunt.  As a result of that workplace fatality Sunshine Village Corporation was found guilty of failing to ensure the health & safety of its workers.  Sunshine Village was fined and ordered to pay an additional $250,000 to Selkirk College in BC as a legacy to Stunt. 

In 2010 Sunshine Village paid a fortune in legal fees to successfully overturn the guilty verdict for Stunt’s death.  Sunshine’s  spokesperson Doug Firby stated that Stunt’s fatality “had a profound effect on the ownership and the staff at Sunshine. We want to make sure it never happens again.”   At much the same time however Sunshine Village was intentionally breaching the OH&S Fall Protection Code.  The legacy donation was also overturned.  Sunshine subsequently made a smaller donation to Selkirk College but failed to mention Karl Stunt or workplace safety.

A Workplace Safety Record That Speaks For Itself

There are simply too many serious workplace and/or public safety incidents at Sunshine Village.  Since the Karl Stunt fatality hearings there have been many examples including: A new employee left trapped on the shut-down 5 km gondola in freezing temperatures and only survived because someone heard his faint cries for help; a new security employee working alone nearly died after-hours on a snowmobile, another employee was hit and thrown from a platform by an accelerating gondola cabin.  Last spring a roof on the hotel suddenly avalanched onto guests below causing injuries.  This season an avalanche within the ski area boundary buried two guests. And in March 2012 a massive avalanche hit the Sunshine access road forcing Parks Canada to prohibit Sunshine’s ad-hoc parking operation in the vicinity.  Despite the obvious hazard Sunshine took Parks Canada to court attempting to have the safety-driven prohibition lifted so that customer’s cars could again be parked there.

Sunshine’s overall workplace safety record hit an all time low in 2011.  The latest stats released in 2014 (below) show a marginal statistical improvement but still a shamefully dismal record with a disabling injury rate at Sunshine Village that is just shy of TWICE the industry average and almost FIVE times greater than the provincial average. In the most recent annual statistics available Sunshine Village accounted for 30% of the disabling injuries in the Ski Resorts and Gondolas industry category.  That category includes a total of 57 other employers.

SSV OHS 2012 stats
Sunshine Village Workplace Safety statistics – dismally shameful. (Click to enlarge)

The Legal Duty To Protect Worker’s Safety

Ralph Scurfield - President of Sunshine Village - has a legal duty to protect the health and safety of all workers at Sunshine Village.
Ralph Scurfield – President of Sunshine Village – has a legal duty to protect the health and safety of all workers at Sunshine Village.

These are not isolated and unfortunate accidents. They are repetitive examples of an ineffectual workplace safety culture that is in a tail-spin and the statistics confirm it is a systemic management failure.   Sunshine has a tendency to blame its workers rather than look to its senior management team and culture.  Ten years after the Karl Stunt fatality there is simply no excuse anymore. The buck stops with Sunshine’s majority shareholder, president and CEO Ralph Scurfield  and the entire senior management team which has a legal duty to protect the health and safety of the young, transient, low-paid workers they hire from all over the world, who then come to work in Banff National Park expecting a world-standard safe workplace.

The duty, and the consequences for failing to perform this duty, have been enshrined, though rarely applied, in the Criminal Code of Canada.

Corporations are operated by senior officers who are responsible for establishing policies and managing the work to be done.  Those officers who undertake or have the authority to direct how work is done are under a legal duty to take reasonable steps towards protecting people from bodily harm. If senior officers do not carry out their duty according to their role in the company and act with a wanton and reckless disregard for the safety of employees
and others, the corporation and the officers may be guilty of criminal negligence

 

(Excerpted from A Criminal Code offence – Death and Injury at Work - A guide to investigating corporate criminal negligence in the event of a serious injury or fatality in a workplace).

It’s ten years since Stunt was killed on the job at Sunshine Village.  If Sunshine Village’s workplace safety record since that day is deemed indicative of “reasonable steps” to protect its workers then the standard that is being applied falls far short of the one that is needed.

Where is the Alberta Government and Alberta Workplace Safety ?

The Alberta Government talks a lot about workplace safety but its record is consistently lackluster.  Alberta OH&S has repeatedly failed to protect workers or respond diligently to worker concerns.  Despite a high profile workplace fatality at Sunshine Village and the subsequent legal battle, which the government eventually walked away from;  And despite the fact that Sunshine employs hundreds of vulnerable young, non-union and, in many cases foreign, transient workers, Alberta OH&S has taken a superficial and ineffective response to the on-going series of major incidents.   The law is ineffectual if it is not applied.

Call For Action

Despite all the empty promises, all the management spin, all the government hot air, all the high-priced lawyers and all the time wasted – has anything really changed to better protect young workers at Sunshine Village since Karl Stunt’s death?  It’s time someone stepped up to the plate to do something.  The incident rate is too high.  If Alberta OH&S can’t enforce workplace safety at Sunshine Village then maybe it’s time for a union to step in and bring some collective muscle to the problem.

Meanwhile Sunshine Village spokesperson Tanya Otis has stated in the media that  “Our thoughts are with this individual, his family and friends, and we hope for a speedy recovery.”   They are nice words indeed, but it’s a predictable spokesperson-type platitude and it’s not good enough.  It is long past time (10 years at least) that Sunshine Village stopped “hoping” for the recovery of its injured young workers and instead act to substantively decrease the rate at which workers get injured.  Workers don’t recover from being killed on the job and in this incident, avoiding that result was just pure luck.  Now the glaring question remains – will the next one be so lucky?

 Note:  An invitation has been extended to Sunshine Village’s legal counsel to provide a comment on this story.  At the time of publication none had been received.  Sunshine Village Watch welcomes any response from the company.  This page will be updated if a comment from Sunshine Village or its lawyers is made available for publication.

Update (May 30, 2014):

Sunshine Village was invited to respond to this story.  On Friday May 30, 2014 the following one-line response was received from Sunshine Village’s legal counsel Frank Molnar of Calgary law firm Field Law.

“The article is defamatory and you publish it and similar articles at your peril.”

L. Frank Molnar, QC, MIR

Field Law LLP

Mr. Molnar has been asked to identify his areas of concern in the above commentary. Any further comments or response will be updated here.

Parks Canada Should Investigate the Inbounds Avalanche at Sunshine Village

Sometimes there are deep-seated instabilities in the snowpack that lie dormant, while all appears normal, waiting for just the right trigger to unleash disaster.  Likewise sometimes there are deep-seated and well-hidden flaws in safety management systems that have very much the same effect.  It will take an independent and objective investigation to see if that is what played any part in last Monday’s almost-killer avalanche at Sunshine Village.

In December 2010 Sunshine Village embarked on a labour relations strategy that was associated, to some extent, with an almost 100% turnover of the Snow Safety department responsible for avalanche forecasting and avalanche control.  It is this department that is responsible for the management of the avalanche hazard in the Delirium Dive area as well as the other big avalanche paths that affect the in-bounds advanced terrain at Sunshine Village.

At the commencement of the 2011/12 season only one avalanche technician remained on the Snow Safety team from the start of the previous season.  This was the result of a massive and wholly unprecedented turnover that included firings and resignations.

Normally employee turnover in the Snow Safety department is minimal with only one or two changes per season, if that.  This minimal turnover rate allows for gradual and progressive training and mentoring of new Snow Safety team members to develop the specialized skills, knowledge and judgement that are essential for the safe management of areas such as Delirium Dive.  It also allows for effective supervisory oversight and review of all information and an effective and essential well-informed, team-based, decision making process.

To compound matters, during the 2010/11 and subsequent season there was also considerable turnover within the Ski Patrol department which works very closely with the Snow Safety team.  Again this turnover was closely related to the labour relations strategy that affected the Snow Safety department.  Typically Snow Safety team members are chosen from  experienced senior ski patrol staff and both departments rely heavily upon each other.  At the commencement of the 2011/12 ski season the Ski Patrol department also experienced an unprecedented high turnover of staff and a large influx of very new and inexperienced ski patrollers.

The combined effect of this turnover was a massive loss of skills, knowledge and experience on both the Snow Safety and Ski Patrol teams.

Avalanche forecasting is as much art and judgement as it is science.  It relies on teamwork and a constant flow of information and observation and even “gut-feelings” from experienced personnel who are highly familiar with the area and the terrain and who know its history.  Employee certification is just the very start of this process.  Certification does not make anyone an expert, in fact there are very few lone “experts” in avalanche forecasting.  Team input, evaluation and critique is essential to sound decision making.

On March 31, 2014 two guests were caught and injured in a very large avalanche in Delirium Dive.   According to various news stories one guest was completely buried and both were seriously injured.

Milky Way (centre) - scene of the March 31, 2014 in-bounds avalanche at Sunshine Village that caught and injured two guests
Milky Way (centre) – scene of the March 31, 2014 in-bounds avalanche at Sunshine Village that caught and injured two guests. This was not the first time Milky Way slid while the Dive was open.

Sunshine Village says that everything possible was done to make sure the area was safe. Sunshine Village also says that it is investigating the incident.

The question that arises is will Sunshine Village honestly and objectively investigate to what extent the massive Snow Safety and Ski Patrol staff turnover may have weakened the training, mentoring and staff development of the departments responsible for managing the big avalanche terrain like Delirium Dive.

The next question that arises is, if that turnover did create weaknesses in the team, did that weakness play any part in the factors leading up to the serious avalanche incident on March 31, 2014.  If it did, would Sunshine Village admit it?

Aircraft accident investigators know that almost any incident is caused by a chain of factors and not one single factor.  Often those factors include human error, training issues and failures in the safety management system. This even occurs with highly professional and well-trained pilots and maintenance technicians.  That fact is not just applicable to aircraft incidents.

Air crash investigators leave no stone unturned to discover all the factors that lead to an incident.  That is the process that leads to true learning and true safety.

Will Sunshine Village conduct such an investigation?  More to the point – should Sunshine Village conduct such an investigation?  Sunshine Village has yet to complete any sort of investigation and make the results public but the company is already making public relations statements that appear biased and which raise more questions.

The CBC reports the following comments from Sunshine Village’s  spokesperson:

Over the past week, the resort used explosives and helicopter bombing to stabilize the snow and skiers criss-crossed the area to check the stability, said spokesman Crosbie Cotton.“In fact, on the morning of the incident, two trained avalanche experts were in Milky Way checking it, cutting it, criss-crossing it and they deemed it safe.”

Can the public trust this company statement as an objective and informed investigative conclusion or is it just more PR and marketing?  Is Sunshine Village’s spokesperson saying that this huge in-bounds avalanche slope was not checked and/or evaluated since that morning?  Hopefully that was not the case.

An avalanche area deemed as safe in the morning may not be safe in the afternoon.  This is especially true in spring conditions when mid-day solar heating often plays a significant role in snowpack stability. An avalanche path like Milky Way needs more than just a morning check.  It needs regular evaluation during the day by knowledgeable staff who can feed pertinent information to the decision process. Sunshine’s statement, at least as reported by the CBC, leaves this in doubt and it needs to be clarified.

It’s not the first time that Milky Way has avalanched while Delirium Dive was open to the public.  Was this fact known and taken into account by all the ski patrol and snow safety staff on March 31, 2014?  History and experience matters and it takes time to pass that on and time to learn it too.  A ski area can’t turnover snow safety and ski patrol staff the way it does ticket sellers and lift operators – not when it routinely opens big avalanche terrain like Delirium Dive.

This is no small thing.  People nearly died.  A near miss doesn’t get any closer than this.  It is Parks Canada that is ultimately responsible for public safety within Banff National Park.  Parks Canada should independently and diligently investigate the incident and publish its findings in a formal and reviewable report to the public.  This is not a matter than can be left to a private corporation with a vested interest in the outcome.

How long does it take to replace the combined effectiveness of decades of experience, skill, knowledge and cross-departmental teamwork? Quite possibly an objective investigation will find that the massive loss of experienced Snow Safety technicians. ski patrollers and senior mountain operations staff during and shortly after the 2010/11 season played no part in the incident that occurred on March 31, 2014.   But the point is, we won’t know unless someone takes an honest and objective look at that particular factor as part of an independent and thorough investigation.

This was not just a public safety incident but also a workplace safety incident.  It may not have directly affected any workers but it affected their workplace and their work tasks and process.  Accordingly Alberta OH&S should also take a close look at this incident.

Media Update:  Avalanche survivor owes rescuers ‘the world’ (Calgary Herald – April 4, 2014)

Access Road Parking – Avalanche Path Public Safety Decision by Federal Court

In December 2012, Sunshine Village Corporation filed an application for an injunction against Parks Canada.  The application sought to overturn Parks Canada’s public safety prohibition regarding Sunshine’s parking operations in the vicinity of the large avalanche paths along the access road, including the avalanche path that hit the road in March 2012.

Sunshine’s application was denied by the Federal Court for reasons of public safety and the public interest.

The December 21, 2012 decision of the Federal Court may be found here.

This video (below) shows the disputed area of road hit by the March 2012 avalanche and the location of Sunshine’s previous parking operations in the avalanche path.

Post-avalanche clean up of road(below). The area of avalanche debris in front of the loader is an area where parking had been permitted prior to the Parks Canada prohibition.

This video (below) shows the congestion and public safety issues caused by Sunshine’s parking operations elsewhere on the access road.