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Fines have been levied after tug sinking in 2021

Fines totalling $310,000, have been levied in Prince Rupert Provincial Court on Sep 21, 2023, in the case involving sinking of the 'Ingenika' one Feb. 10, 2021, a and the loss of two crew members, one of whom was from Tsawwassen. The crew member Charley Cragg, 25, from Tsawwassen, and the tug master Troy Pearson,58, were killed, while a third crew member survived. It was Cragg’s first day on the job.James Geoffrey Bates pleaded guilty to a Workers Compensation Act violation for failing to provide training and supervision to ensure the safety of the workers. He was fined $15,000. Bates’s company, Wainwright Marine Services, also pleaded guilty to three other counts under the Workers Compensation Act, of failing to ensure the health and safety of workers, failing to provide safety training and failing to provide safety training on using immersion suits. The company was fined a total of $295,000 based on a joint submission from both defence and prosecution. The tug had been towing the loaded barge 'Miller 204' in the Gardner Canal when it sank, about 16 nautical miles southwest of Kemano Bay, near Kitimat, in stormy waters. According to a Transportation Safety Board, bad weather impacted the tug’s ability to tow and maintain speed, and led to the vessel taking on water. The master and the two deckhands were able to exit the sinking vessel; however, only one was able to swim and climb aboard the life raft. SAR resources located the sole surviving crew member on land 10 hours later. The bodies of the master and second deckhand were also recovered. Bates has been in the marine industry since his youth and had worked in the Howe Sound area and had only recently acquired Wainwright Marine Services. At the time, he was not running the day-to-day operations and was still living in Vancouver and had never been to Kemano before the incident. He had come up to give another person a break. As well, both Wainwright Marine and Bates agreed that they had no systems in place to conduct safety training and there was nothing in place to check if training was being updated and if new hires were following protocols. However, since then, Wainwright Marine and Bates have taken responsibility and taken steps to address safety issues, the judge noted. Bates expressed remorse for his actions, pleaded guilty early, had no prior related record, and honestly thought he was doing the right thing by deferring to Pearson, and that the company didn’t profit Bates has agreed to do 100 hours of community service because it’s meaningful to the families, rather than pay the fine. A decision will be made in January, after consultation with the families, about where the fines will be allocated.

Tug owners plead guilty to safety charges connected to fatal sinking near Kitimat, B.C.

The owners ofthe 'Ingenika' that sank in the Gadner Canal south of Kitimat, British Columbia, on Feb 10, 2021, causing the death of captain Troy Pearson, 58, and crew member Charley Cragg, 25, have pleaded guilty to safety charges under the Workers Compensation Act. Wainwright Marine Services and James Geoffrey Bates, the president of parent company Bates Properties Ltd., were each charged in Feb 2023 with eight counts of violating occupational health and safety provisions, according to court records. On Aug 16, a lawyer representing Wainwright Marine Services and Bates entered guilty pleas for some, but not all, of the charges. Wainwright pleaded guilty to three of the eight charges against the company, and Bates pleaded guilty to one. The Crown agreed to stay the remaining charges. The 'Ingenika' was towing a barge toward the Rio Tinto Kemano Generating Station south of Kitimat when bad weather affected its ability to tow and maintain speed. It began taking on water and then sank, claiming the lives of Pearson and Cragg. A third crewman, Zac Dolan, made it to a life raft and was rescued hours later. Pearson had many years of experience on the water. He started working on fishing boats at age eight, was hired by Wainwright in 2017, and had successfully completed the same trip as master of the 'Ingenika' approximately 22 times. The eight charges Bates and Wainwright Marine were facing were not criminal charges. Each carries a maximum fine of $777,601.27 and/or a jail term of up to six months for a first conviction. They include: - Failure to maintain protective equipment and devices in good working order. - Failure to ensure the tow abort system and immersion suits were capable of performing their functions. - Failure to provide workers with training, instruction and supervision necessary for the job. - Failure to ensure new workers were given training specific to the use of personal protective equipment. - Failure to hold annual drills to ensure awareness of emergency procedures. An investigation by the Transportation Safety Board (TSB) found the tug had no records showing it had ever been inspected in its 50 years of service, something that's not required by Transport Canada for tugs weighing 15 gross tonnes or less. The TSB also found the crew had not practised using the lifesaving equipment. It said Pearson and Cragg drowned because they were weighed down by immersion suits that were only partially done up. An immersion suit that's not worn properly can take on water, restricting movement and increasing the chance of hypothermia. Last fall, Transport Canada handed Wainwright Marine a $52,000 fine after finding that the Prince Rupert, B.C., company failed to ensure the vessel was staffed with a sufficient and competent crew, did not make sure those employed on board held certificates for their positions and jeopardized the safety of the vessel and those on board. Bates Properties, the parent company of Wainwright Marine, was also fined $10,000 for failing to ensure the vessel met regulatory requirements.

Report: Sinking of the 'Ingenika' highlighted major systemic issues

The Transportation Safety Board concluded the sinking of the 'Ingenika' highlighted major systemic issues in the transportation industry. Troy Pearson, the 58-year-old pilot, and 25-year-old crew member Charley Cragg died when the tug sank in February 2021. A third crewman made it to the life raft and was rescued hours later. In a report released on March 8, 2023, the safety board issued four recommendations, including that Transport Canada begin regular inspections of tugs of 15 gross tonnesor less and require risk assessments on the smaller boats. It also called for improvements to the waiver system required to pilot a tug. The Pacific Pilot Authority, the Crown corporation that maintains safe pilot service in B.C.’s coastal waters, had implemented a process where some vessels, mostly tugs and barges, could obtain a pilotage waiver, if the operator met certain requirements. However, the authority does not verify that the information submitted meets regulatory requirements, and safety board chair The pilot didn’t hold the required certificate for competency and should not have been given a waiver. The safety board is recommending the authority verify eligibility requirements before issuing waivers and implement a process for verifying ongoing compliance. In its more than 50 years in operation, the 'Ingenika' had never been inspected by regulators. Currently, Transport Canada does not require inspections of tugs that are under 15 gross tonnes, and while the department has a goal of inspecting 3 % of vessels per year, most will go years without inspections or are never inspected at all which leaves compliance with the law up to representatives, often the owners of the vessels, who may not be aware of the rules. The probe into the 'Ingenika' sinking determined there were inconsistencies in the way safety drills were conducted and they weren't done in accordance with regulations. The men who died had only partially put on their immersion suits, allowing cold water in, causing hypothermia and their drownings. The registration for the 'Ingenika's emergency radio beacon was not up-to-date, which meant rescuers were not able to immediately contact the tug's owner. The tug and barge departed in adverse weather conditions unsuitable for the operation. Transportation Canada introduced a small vessel compliance program for tugs in 2022 to help owners understand their regulatory requirements, but the program is voluntary. The Pacific Pilotage Authority will work closely with Transport Canada to review the recommendations and "implement corrective actions where appropriate.