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Surrey company appealing $64K in WorkSafe fines for asbestos violations in Burnaby

WorkSafeBC fined Phoenix Enterprises Ltd. nearly $64,000 in September for 'high-risk safety violations' and ignoring a stop-work order at a Burnaby construction site.
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WorkSafeBC has fined a Surrey company for asbestos violations during renovations at this Sperling Avenue house.

A Surrey restoration company specializing in asbestos removal is appealing nearly $64,000 in WorkSafeBC fines for "high-risk safety violations" and ignoring a stop-work order at a Burnaby construction site.

WorkSafe imposed two fines on Phoenix Enterprises Ltd. in September, both related to the same worksite at 5971 Sperling Ave., according to inspection reports obtained by the NOW.

Major renovations at the 1965 house were shut down in April after a WorkSafe inspector determined there had been no hazardous materials inspection done.

Once an assessment was completed, it found asbestos in the ceiling, walls, floor, drywall joint compound, stucco and laundry sink – and assumed asbestos in multiple other areas, including the furnace duct tape, chimney and roof vent flashing mastic and roof shingles.

The assessment deemed the inside of the building contaminated with asbestos fibres and a "high-risk work area."

A stop-work order was still in place at the site a couple months later when Phoenix began clean-up and abatement, and WorkSafe says the company didn't get permission before starting the work, according a July 4 inspection report.

"There were no control measures such as containment, ventilation, decontamination with shower facility, or air sampling in place," stated the report.  

Phoenix had gone ahead and conducted its own separate risk assessment and "performed the clean-up without any of the protective measures required for high-risk abatement work," according to the report

"I explained to (name redacted) that clean-up of significant quantities of friable asbestos dust, waste, and debris, especially when contaminated with asbestos-containing texture coat, requires high risk control measures," stated the report.

WorkSafe slapped Phoenix with a $21,303.27 fine for failing to take the necessary precautions to protect workers before allowing work that would disturb asbestos-containing materials (a "repeated violation," according to WorkSafe) and for failing to provide workers with the proper information, instruction, training and supervision to ensure their health and safety.

WorkSafe also issued Phoenix a $42,606.54 fine for violating the stop-work order.

Phoenix specializes in asbestos abatement, and its website cites a Globe and Mail article naming asbestos – a highly toxic material that can cause mesothelioma, asbestosis and lung cancer – the leading cause of workplace deaths in Canada.

"We have a deep understanding of the rules and regulations surrounding asbestos, and we've developed innovative technologies and methods of removal that give our clients total satisfaction and peace of mind," states the Phoenix website.

The WorkSafe penalties were imposed in September, but Phoenix has requested a review by WorkSafe's review division.

Follow Cornelia Naylor on X/Twitter @CorNaylor
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