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Post by Retrovision on Oct 13, 2006 16:17:47 GMT -8
Former safety director drops lawsuit against BC Ferries
Last Updated: Friday, October 13, 2006 | 3:47 PM PT
CBC News
The former safety director of BC Ferries has dropped the wrongful dismissal lawsuit he filed after the Queen of the North sank earlier this year, but he still wants the corporation to deal with his safety concerns.
But it doesn't appear likely that Capt. Darin Bowland will get his wish, as BC Ferries president David Hahn has rejected his appeal.
Bowland quit after six weeks on the job, just days after the ferry crashed into Gil Island south of Prince Rupert in March. Two people are missing and believed to be dead.
In June, Bowland filed suit against the corporation alleging wrongful dismissal, swearing a 32-page affidavit in support of his claim.
He said the document describes conversations he had with senior BC Ferries officers detailing his safety concerns.
"In that affidavit, I've outlined all of the concerns, all of the warnings, everything that I've laid out in my original pleading, in detail," he said Friday, adding that a confidentiality agreement he signed prevents him from making the affidavit public.
But BC Ferries president David Hahn can release the document, Bowland said. "And I'm asking Mr. Hahn, if he wants to get the safety issues out in the open, to release that to the public, and then we can have a really good debate."
Not going to happen, says Hahn
However, Hahn rejects Bowland's appeal for a public debate, saying that the affidavit is nothing more than allegations that are not backed by fact.
"If there was fact, if they were credible allegations, why would he drop the lawsuit? It's very clear that if someone had the smoking gun stuff he's talking about, they would continue with this."
Hahn had said earlier this year he never heard any safety concerns raised by Bowland before the sinking of the Queen of the North.
Bowland said he decided to drop the lawsuit for a variety of reasons, including a desire to move on with his life. He said it was never about money.
Copyright © CBC 2006
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Post by Low Light Mike on Oct 13, 2006 17:34:46 GMT -8
The article is confusing in that it says that Bowland "quit his job", and then it says that he was suing for "wrongful dismissal".
Contradictory, or typo, or just too complicated for me to understand?
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Post by dualcitizen on Oct 14, 2006 7:07:27 GMT -8
Mr. Bowland claims he was subject to Constructive Dismissal. Essentially, Mr. Bowland quit his job at BCF because he felt that the conditions at BCF forced him to do so.
In my experience, most claims of constructive dismissal are merely soupr grapes or opportunistic people looking for a handout. May not be the case here, and we'll never know.
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Post by Low Light Mike on Oct 14, 2006 8:17:29 GMT -8
Thank you for the clarification.
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Post by yvr on Oct 14, 2006 18:30:37 GMT -8
I would imagine Mr. Bowland had accumulated various safety discrepancies, during his short tenure with BCF. As the new safety officer he most probably advised senior management of short comings. However as a 6 week employee no senior exec is going to pay serious attention to him until he proves his worth. Then the QON accident occurs. Hahn is going to say, you were hired as the Safety Director. How come you didn't tell us the QOPR crew wasn't certified for the new bridge equipment on the QON. However senior officials were, and probably still are doing a good job of cover up, and management circle the wagons. On the day of the sinking Bowland probably said I told you so. Senior execs most probably went to Hahn and said the new guy didn't tell us (for fear of losing their positions). Being a senior exec on the "outside" is not a good place to be. The resultant was Bowland's expeditious removal out the door.
One can only hope that the Transportation Safety Board asks for, and receives a copy of Mr. Bowland's affidavit. Personally I believe their is a lot of damning evidence that BCF does not want the public to see. The other people who would be interested in the affidavit are the legal teams for both the operating crew, and the missing passengers families of Gerald Foisy, and Shirley Rosette.
To have the operating crew of the QON shoulder full blame when they were not trained on new equipment, is a fault of senior management.
Mr. Hahn - show us Bowland's affidavits! Lets see the dirt your hiding.
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Post by Barnacle on Oct 16, 2006 18:47:05 GMT -8
Doesn't everyone claim to run the safest fleet?
I think it might be more a question of manning; weren't there only two people on the bridge?
(Mind you, don't discount training... the Exxon Valdez happened because nobody knew to look for the little red light in the dark that indicated that the helm was on autopilot.)
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Neil
Voyager 
Posts: 7,311
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Post by Neil on Oct 19, 2006 9:07:35 GMT -8
Affidavit by former director blasts B.C. Ferries' safety regime
MARK HUME Globe and Mail
VANCOUVER -- The former director of safety for B.C. Ferries, who quit shortly after the Queen of the North sank on the Central Coast, prepared an affidavit for the Supreme Court of British Columbia in which he claims the corporation's safety regime was dangerously flawed.
Captain Darin Bowland, former director of health, safety and environment for B.C. Ferry Services Inc., also claims in the document that he resigned after he felt he'd been put under pressure to end an inquiry he'd just begun into the Queen of the North sinking, in which two passengers died.
"I believe that B.C. Ferries' faulty or insufficient bridge resource management training of the crew may have been the cause, or one of the causes, of the sinking of the Queen of the North," Capt. Bowland states in the affidavit, which was prepared for a wrongful dismissal suit that he dropped last week.
The affidavit was not filed with the Supreme Court. It contains allegations that have not been tested in court.
When he abandoned his suit against B.C. Ferries, Capt. Bowland said he could not release the affidavit because he was bound by a confidentiality agreement that he signed as an employee of the corporation. Yesterday, he said he was prepared to risk violation of that agreement so his statements could be shared with the public.
He said he felt compelled to release the document when David Hahn, B.C. Ferries president, dismissed his allegations as unfounded.
"The fact that he has withdrawn his actions proves our point that we made all along. There is no basis to it," Mr. Hahn said last week of Capt. Bowland's claim that B.C. Ferries had a faulty safety system.
"We conducted a thorough internal investigation with an outside law firm and I am advised by the firm that there is no merit to any of the contents in [Capt. Bowland's] affidavit," Mr. Hahn said.
He said the allegations have "no substance or form behind them," and he rejected a suggestion that B.C. Ferries release the affidavit.
"If there was credibility here, he would be pressing forward with his lawsuit. Why would I agree to somebody taking something they are not even willing to take to the next level, and let him publish it? I'd have to be crazy," Mr. Hahn said last week. He could not be reached for comment last night.
Capt. Bowland said that response -- and Mr. Hahn's refusal to release the affidavit -- prompted him to make the document public yesterday.
"I'm just trying to defend my honour," said Capt. Bowland, who worked for Royal Caribbean Cruise Lines for 11 years before joining BC Ferries. "There's a whole lot of validity and substance to this document. This is in the interest of the public."
In the affidavit, Capt. Bowland alleges that after he was appointed safety director, he had a series of clashes with senior managers because he was pointing out what he deemed serious safety deficiencies.
"While employed at BC Ferries, I created a document that compiled all of BC Ferries' outstanding safety deficiencies into one document. In total, there were more than 800 deficiencies -- or safety problems that had been identified but not fixed -- on the list," he states in the affidavit.
Capt. Bowland alleges he was reprimanded by one official after he circulated the list to the senior management team. "Mr. Marshall, who is the superintendent in charge of the entire South Coast, strongly challenged my decision to prepare and circulate the list and his complaint led to a heated argument between us. At the end of the argument, I told Mr. Marshall that given the state of the company's safety practices and protocols, the fleet was an 'accident waiting to happen.' "
The affidavit also claims Capt. Bowland told officials BC Ferries' safety organization "was dysfunctional and in a state of disarray." He states that during a conversation with a senior BC Ferries official, he warned that the "lack of proper bridge resource management could lead to catastrophic results."
He said he told others that BC Ferries International Safety Management (an internationally developed code concerning the safety culture of an organization) had serious flaws.
Capt. Bowland states his simmering dispute within BC Ferries came to a head in the days after the Queen of the North sank, March 22, while in transit from Prince Rupert to northern Vancouver Island.
He states he was not part of the initial accident response team sent to Prince Rupert, but was sent later that day. Soon after he arrived, he alleges, he was called to a meeting.
"At the meeting, the lawyers suggested that the cause of the sinking was crew negligence. I pointed out that it was necessary to recognize that BC Ferries had serious systemic safety problems, including the fact that, as I had advised members of the executive team and senior management previously, the ISM system was 'broken.'
"They then moved the meeting from the restaurant to a private conference room. Once in the conference room they suggested that the way for me to conduct the inquiry was to not focus on what BC Ferries had done wrong, but rather on 'opportunities' for BC Ferries to improve. They also suggested that a better way of conducting the inquiry might be for the lawyers hired by BC Ferries to conduct the interviews and then to pass the information obtained on to the divisional inquiry board."
Capt. Bowland alleges that he repeatedly asked if he should suspend the inquiry, but each time, "my question was met with silence. Their silence, however, spoke volumes to me and clearly indicated that it had been decided that I should end the inquiry."
Capt. Bowland said that after he quit, BC Ferries advised news media he had left for personal reasons -- but the real reason was contained in an e-mail he sent at the time to another BC Ferries official. He says he stated in it: "Bottom line -- the company scares me and I am not willing to carry on within the current culture and organization."
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Post by yvr on Oct 19, 2006 9:37:30 GMT -8
This could get interesting! The ball is now in Hahn's court, and the gloves are coming off.
Perhaps Mr. Bowland has been reading this thread and that's why he decided to tell all! Hats off to you Darin.
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Post by Political Incorrectness on Oct 19, 2006 12:30:33 GMT -8
I don't believe you need to ask insiders and it is a manner of logic based on the recent events. On the contrary, to get more details, it would be best to ask insiders.
BC Ferries has been out of control ever since Hahn took hands. Now why is that? and hear this key word that you will be seeing alot about. PROFIT That is why BCFS has done what it has when it comes to maintenance to keep the public eye unaware. Now if safety is becoming a concern, better raise the yellow flag on the double.
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Post by Low Light Mike on Oct 19, 2006 17:29:32 GMT -8
If BCFS is really making a profit Dan, let me know where I can sign up to invest.
(ignoring the fact that as a BC Taxpayer, I'm already heavily invested).
"Profit" seems to be a crusading buzzword of rhetoric, but I don't think it applies to BC Ferries.
Quasi-Private? Yes
Profit driven? - No, I don't think it could ever realize a true economic profit from operations.
All that's happened is a greater focus on cost-control, since the open-cheque policy is no longer in effect. That new focus on cost-control may be related to the recent safety problems.
(all of the above is just my opinion)
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Post by yvr on Oct 19, 2006 21:48:54 GMT -8
When the TSB report is finally issued there will surely be a statement regarding lack of training. A google search under Darin Bowland (The ex Safety Director) finds an interesting article under the "Nautical Institute". The March 14th 2006 monthly meeting of the B.C. chapter was held in the training room at Tsawwssen Terminal. Darin attended that meeting. As per item 10 (of the minutes) Any other Business: Darin was quoted as saying "He cited the example of immense complexity of todays bridge equipment and concerns some officers have that training standards have by no means kept up with the rapid change that is occurring." This statement was made only 8 days prior to the tragic sinking of the Queen of the North.
It appears QON had new navigation equipment fitted during a refit a couple of weeks prior. What is unclear is, did the operating crew from the Queen of Prince Rupert who were operating QON that evening, receive formal training on the newly fitted equipment? Based on statements in the press it appears not!
Yet here was the safety officer raising this very concern prior to the sinking. If he was raising it verbally at the Nautical Institute surely he had given written warnings / findings to BCF. Why was corrective action to remedy a systemic problem not actioned. It all points to a foot dragging corporate culture.
Perhaps a ships officer from BCF would like to expound on the training issue? (Make sure not to use specific instances that could identify you)
"Darin" - you did the right thing releasing your statement, and I for one support you.
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Post by Low Light Mike on Oct 20, 2006 6:10:41 GMT -8
re the news reporting of the story of the dropped lawsuit:
I was watching "CTV News at 6:00" and their 2nd lead story was this ferry matter.
While interviewing Mr. Hahn in his office, you could see a "David Hahn bobble-head doll" on the side of his desk. I kid you not.
For me, that was the highlight of the story. ;D
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Post by Retrovision on Oct 23, 2006 21:38:46 GMT -8
"Darin" - you did the right thing releasing your statement, and I for one support you. If it hasn't already been posted, here is Darin Bowland's sworn affiidavit: www.cbc.ca/bc/news/061019_affidavit.pdf |
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Post by Political Incorrectness on Oct 24, 2006 15:41:45 GMT -8
Depends on who is running the government of BC, the Liberals will keep him in, the NDP may just kick him out. Remember that the government is still in control of the system indirectly.
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Post by Retrovision on Oct 25, 2006 8:59:20 GMT -8
We should run a book on who get the axe - what odds for Hahn staying on to see in the first Super C ? Wasn't that why Hahn was brought up from the 'States in the first place, as an expendable scapegoat/figurehead? |
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Post by yvr on Oct 25, 2006 15:30:11 GMT -8
After reading Darin Bowland's affidavit, it appears that BC Ferries swept numerous safety concerns under the carpet. If asked, most British Columbian's would believe his statements. Thus why has this careless attitude towards safety become the way BCF operates? Reading between the lines from Darin's affidavit, it appears that Hahn is only a figurehead. If he's truly the President, one would think he would have dumped many of these bungling senior managers long ago!
It appears that a major house cleaning is needed at BCF, and soon!!
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Post by Political Incorrectness on Oct 25, 2006 16:27:06 GMT -8
yvr, if you want a solution, vote NDP
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Post by WettCoast on Oct 26, 2006 9:29:39 GMT -8
This just in from CBC News OnlineSuper ferry almost ran aground: report Last Updated: Thursday, October 26, 2006 | 9:58 AM PT CBC News A B.C. super ferry veered off course and almost ran aground in the Gulf Islands in 2004 following a series of mistakes on the bridge, says an internal BC Ferries report. The report obtained by CBC News describes a near crisis aboard the Spirit of British Columbia on Dec. 14, 2004, as it left Active Pass en route to Swartz Bay on Vancouver Island. The Spirit of British Columbia is one of the two largest vessels in the BC Ferries fleet. (BC Ferries) It says there was confusion on the bridge, as none of the officers had confirmed the setting on the 171-metre ferry's rudder control. The chief officer didn't realize the huge vessel was on autopilot when he changed the steering mode. The vessel then veered off course for as long as 40 seconds, almost making a complete circle, coming within 365 metres of Prevost Island. The report says the captain was unaware of the unfolding crisis until he glanced over his shoulder and saw trees looming. He then cut the speed and turned the vessel hard to starboard. 'Unintended and large deviation' BC Ferries calls the incident an "unintended and large deviation." BC Ferries' former safety director Darin Bowland calls it a "near miss." "Another 15 or 20 seconds down that route and they most likely would have put the ship aground. It was that close." The report's existence came to light last week, mentioned in an affidavit released by Bowland, a document that he had intended to use in a wrongful dismissal suit against BC Ferries. The company released the results of its internal inquiry to CBC News on Wednesday. It notes the chief officer, with five years in the job, didn't know how to confirm the autopilot was engaged. The report says there was a "lack of effective bridge resource management" — the same problem Bowland noted after the Queen of the North sank earlier this year, 15 months after the Spirit of British Columbia incident. The Queen of the North went down in March after striking rocks on Gil Island south of Prince Rupert. Two passengers are missing and presumed dead. For original story go towww.cbc.ca/canada/british-columbia/story/2006/10/26/bc-ferries-incident.html
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Post by Retrovision on Oct 26, 2006 10:36:42 GMT -8
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Neil
Voyager
Posts: 7,311
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Post by Neil on Oct 26, 2006 11:13:40 GMT -8
Just to play 'devil's advocate' here for a moment....
It could be said that Darin Bowland came in to his job like the proverbial bull in a china shop. After only three weeks, he was demanding major changes to the Occupational health& safety program, and pronouncing that the International Safety Management was 'f----d'. With all he had to learn about BC Ferries, could he really gain the experience in such a short time to make such sweeping statements? Did he actually have the knowledge, again in such a short time, to properly document 800 safety deficiencies? And isn't it at least a bit understandable that some senior people might have looked askance at the 'new kid' being such an instant expert? Also, in his affidavit, it was amusing to see him refer more than once to 'Stanton Island'- how much insight could he really have into the Staten Island ferry disaster when he didn't even know the actual name of the place?
The affidavit is not without specifics, but a lot of it is simply accounts of BC Ferries officials disagreeing with Bowland's views on safety procedures. It does, in places, reflect badly on management, but not enough to allow him to go through with his suit.
I'm not defending BC Ferries in this- they don't look very conscientious in some of Bowland's affidavit. Maybe his allegations might have been more credible if he'd been with the company longer. Perhaps we'll see.
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Post by Retrovision on Oct 26, 2006 14:18:56 GMT -8
Just to play 'devil's advocate' here for a moment.... It could be said that Darin Bowland came in to his job like the proverbial bull in a china shop. Finally! Someone sates the obvious to make a point! |
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Post by kylefossett on Oct 27, 2006 9:58:24 GMT -8
Just to play 'devil's advocate' here for a moment.... It could be said that Darin Bowland came in to his job like the proverbial bull in a china shop. Finally! Someone sates the obvious to make a point! gee was he not hired to run the safety programs for bcfc. if they were almost non-existant before he came along then it sounds like they needed a bull in a china shop. |
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Neil
Voyager
Posts: 7,311
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Post by Neil on Oct 27, 2006 11:48:46 GMT -8
Cascade- Keep in mind, Bowland wasn't fired, 'Trump style', or any style. No one even threatened him with dismissal. He resigned; they accepted.
I don't disbelieve Bowland. A lot of his charges might turn out to be accurate. It's just that this case is unfolding daily, and it's good to question both sides.
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Neil
Voyager
Posts: 7,311
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Post by Neil on Oct 29, 2006 19:27:12 GMT -8
George Morfitt, the former Provincial Auditor General, is supposed to be finished his very in depth review of BC Ferries' safety record, safety magement systems, and Transport Canada compliance, by the end of November. He is said to be getting information from sources outside of BC Ferries as well, so perhaps Captain Bowland will have some input. Should answer a lot of our questions, and since BC Ferries have pledged that they will be making his findings public, I think we have to give them some credit for not doing any big cover up.
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Post by Barnacle on Oct 31, 2006 7:55:36 GMT -8
Well, I'm sitting on the fence on this issue... 800 issues does seem like a lot, I'll admit, but then, I'm also a crew member with WSF, so I do know that the staff down here are encouraged to call shortcomings to the attention of the safety office. And "issues" could be as simple as a loose floor tile, so I'm taking that word with a grain of salt.
Ugh. Too mcuh thinking before my second cup of coffee... one of the great reasons for me to spend my vacation time in Your Beautiful Country is before I leave, I invariably dump the last of my cash at Tim Horton's... three big tins to go please!
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