Operator travelled 100 miles an hour, says coworker
A long-time employee at Canadian Forest Products’ Elko, B.C., mine drove his forklift too quickly on snowy roads and slammed into another driver, damaging both vehicles.
Robert Williams had 18 years of experience but on Feb. 26, 2018, he was working as a forklift operator. Light snow covered the yard that day over an icy surface. Sand had not been done since the previous week, making the on-site conditions slick.
Williams drove to one end of the yard to figure out where to place his next load of planer wood. After he found a suitable spot, he turned around to collect the wood.
Williams heard on the radio that two other employees were travelling down one alleyway, so he chose an adjoining lane to avoid the traffic. He approached an intersection but did not see another operator, Rick Boekestyn, coming from another direction.
Williams slammed on the brakes and turned to avoid Boekestyn but Williams skidded and collided with his forklift.
“Rob coming 100 miles an hour around the corner,” said Boekestyn about the incident in a supervisor’s notes. Boekestyn said he was travelling between slow and medium speeds.
Neither worker was injured in the incident but damage both forklifts were damaged.
Shaun Fox, finishing superintendent, immediately conducted an investigation along with Ben Hark, another shipping supervisor. They collected data from the GPS system, which was used to calculate speeds, and they also measured Williams’ skid mark as 35 feet long before the crash.
After the crash, Williams’ skid mark was a further four to six feet. Boekestyn had no skid mark beforehand but registered a six-feet mark afterward.
Williams said he was driving eight to 10 kilometres per hour before the incident. He also said the forklift can only travel maximum 17 kilometres per hour but the GPS data showed that he was travelling 25 kilometres per hour.
On March 2, 2018, Williams’ employment was terminated. Five previous actions were listed on the letter that indicated progressive discipline was being implemented.
The union, United Steelworkers (USW), Local 1-405, grieved the firing.
During testimony, Williams admitted he had travelled too fast, especially considering the conditions. He said he acted like a “dumb ass” on that day. Williams admitted he didn’t apologize right away, but later he said he did.
Williams said the dismissal caused him great financial harm and it also strained his common-law relationship. Williams said if reinstated, he would work on any non-mobile job on the site.
Arbitrator John Kinzie was not convinced and he dismissed the grievance.
“(Williams) was travelling too fast for the road conditions, which were snowy to a degree and icy underneath, to stop and it was that conduct that caused the collision that occurred. (Williams) was solely responsible for the collision because he was driving his forklift at too fast a speed to permit a controlled stop in all the circumstances.”
And Williams’ past record showed that he would not be suitable for another position, he said. “What (Williams’) conduct demonstrates to me is that he can be careless or negligent in performing his assigned duties. Further, I am of the view that there is no compelling reason to think that that would not also be the case if he was transferred to a production job in the sawmill or planer mill” said Kinzie.
“(Williams’) operation of his forklift has not improved despite the progressive, corrective discipline imposed by the employer. Progressive corrective discipline has not worked in this case,” said Kinzie.
Reference: Canadian Forest Products and the United Steelworkers, Local 1-405. John Kinzie — arbitrator. Michael Wagner for the employer. Sandra Banister for the employee. March 22, 2019. 2019 CarswellBC 640
Robert Williams had 18 years of experience but on Feb. 26, 2018, he was working as a forklift operator. Light snow covered the yard that day over an icy surface. Sand had not been done since the previous week, making the on-site conditions slick.
Williams drove to one end of the yard to figure out where to place his next load of planer wood. After he found a suitable spot, he turned around to collect the wood.
Williams heard on the radio that two other employees were travelling down one alleyway, so he chose an adjoining lane to avoid the traffic. He approached an intersection but did not see another operator, Rick Boekestyn, coming from another direction.
Williams slammed on the brakes and turned to avoid Boekestyn but Williams skidded and collided with his forklift.
“Rob coming 100 miles an hour around the corner,” said Boekestyn about the incident in a supervisor’s notes. Boekestyn said he was travelling between slow and medium speeds.
Neither worker was injured in the incident but damage both forklifts were damaged.
Shaun Fox, finishing superintendent, immediately conducted an investigation along with Ben Hark, another shipping supervisor. They collected data from the GPS system, which was used to calculate speeds, and they also measured Williams’ skid mark as 35 feet long before the crash.
After the crash, Williams’ skid mark was a further four to six feet. Boekestyn had no skid mark beforehand but registered a six-feet mark afterward.
Williams said he was driving eight to 10 kilometres per hour before the incident. He also said the forklift can only travel maximum 17 kilometres per hour but the GPS data showed that he was travelling 25 kilometres per hour.
On March 2, 2018, Williams’ employment was terminated. Five previous actions were listed on the letter that indicated progressive discipline was being implemented.
The union, United Steelworkers (USW), Local 1-405, grieved the firing.
During testimony, Williams admitted he had travelled too fast, especially considering the conditions. He said he acted like a “dumb ass” on that day. Williams admitted he didn’t apologize right away, but later he said he did.
Williams said the dismissal caused him great financial harm and it also strained his common-law relationship. Williams said if reinstated, he would work on any non-mobile job on the site.
Arbitrator John Kinzie was not convinced and he dismissed the grievance.
“(Williams) was travelling too fast for the road conditions, which were snowy to a degree and icy underneath, to stop and it was that conduct that caused the collision that occurred. (Williams) was solely responsible for the collision because he was driving his forklift at too fast a speed to permit a controlled stop in all the circumstances.”
And Williams’ past record showed that he would not be suitable for another position, he said. “What (Williams’) conduct demonstrates to me is that he can be careless or negligent in performing his assigned duties. Further, I am of the view that there is no compelling reason to think that that would not also be the case if he was transferred to a production job in the sawmill or planer mill” said Kinzie.
“(Williams’) operation of his forklift has not improved despite the progressive, corrective discipline imposed by the employer. Progressive corrective discipline has not worked in this case,” said Kinzie.
Reference: Canadian Forest Products and the United Steelworkers, Local 1-405. John Kinzie — arbitrator. Michael Wagner for the employer. Sandra Banister for the employee. March 22, 2019. 2019 CarswellBC 640
