The British Columbia Coroners Service will hold a public inquest into the deaths of two workers who died at a northern B.C. sawmill in January 2012.
Robert Luggi Jr. and Carl Charlie died when a fire and explosion destroyed the Babine Forest Products sawmill in Burns Lake on January 20, 2012. Twenty other workers were injured.
B.C. Coroner Lisa Lapointe said that there would be a benefit to holding an inquest to publically examine the circumstances of the explosion and fire.
Coroner Chico Newell and a jury will hear evidence from subpoenaed witnesses during the inquest. The inquest jury cannot make any findings of fault or legal responsibility, but can make recommendations to improve worker safety.
On January 10, B.C.'s Criminal Justice Branch announced it would not approve the regulatory charges WorkSafeBC had recommended under the Worker's Compensation Act, meaning there would be no public court case.
In a statement outlining the reasons for its decision, the Criminal Justice Branch said problems with WorkSafeBC's investigation — such as failing to get search warrants or inform those being interviewed of their Charter rights — meant a successful prosecution would be unlikely.
WorkSafeBC's report on the mill explosion, released on January 16, detailed serious problems with high sawdust levels at the mill in the months leading up to the incident.
The report concluded the fire was most likely caused by dust buildup in the motor of a conveyor system. Tests conducted by WorkSafeBC in 2012 showed that very dry dust from pine beetle-killed wood could be more explosive than other types of sawdust.
The date and location of the inquest have yet to be announced.
Babine Forest Products (BFP) filed suit against Toshiba in BC Supreme Court January 20, claiming a fault with a motor manufactured by sub-contractors of Toshiba caused the explosion.
BFP alleges that "the explosion was caused by electrical arcing in component parts of the motor that ignited combustible material."
The suit alleges that Toshiba and its subcontractors owed a "duty of care" to BFP to manufacture an industrial motor that would hold up under industrial conditions.
BFP alleges the companies failed to use proper materials, do adequate testing or inspection, or warn that electrical arcing could occur within the motor.
BFP is seeking damages for loss of profits and damage to property.
Babine Forest Products is jointly owned by Portland, Oregon-based Hampton Affiliates and Burns Lake Native Development Corporation.
None of the allegations has been proven in court.
