Nirmal Singh Takhar sentenced in provincial court for offences under the Workers Compensation Act and Occupational Health and Safety Regulation

WORKSAFEBC on Monday provided comment on the sentencing of Nirmal Singh Takhar for workplace safety violations.

WorkSafeBC’s investigation into 1108178 BC Ltd., operating as Phoenix Homes Ltd., found that its owner and director, Takhar, violated multiple provisions of the Workers Compensation Act by directing unsafe work and disregarding a stop-work order at a construction site in Abbotsford.

On January 25, 2023, WorkSafeBC’s investigation found that Takhar instructed workers to pour concrete for a suspended slab ramp without the required prior inspection and written approval from a professional engineer, contrary to section 20.26 of the Occupational Health and Safety Regulation (OHSR).

During the concrete pour, a WorkSafeBC occupational safety officer attended the site and observed workers pouring concrete while others removed shoring beneath the ramp. Shoring acts as a temporary support system critical to maintaining structural stability.

The officer immediately ordered work to stop and removed workers from the hazard area. Shortly afterward, a portion of the ramp collapsed, sending concrete and debris to the floor below. A stop-work order was issued and posted at the site, and the affected area was restricted with caution tape.

Despite the order, WorkSafeBC found that Takhar later directed three workers to enter the restricted area to clean up wet concrete and remove broken shoring and reinforcing steel. By doing so, Takhar failed to comply with a stop-work order, exposed workers to a risk of serious injury or death and disturbed the scene of a reportable workplace incident.

As a result of the investigation, numerous violations of the Occupational Health and Safety Regulation (OHSR) were identified and charges were laid on January 22, 2025, under the Workers Compensation Act (WCA).

Approved charges: 

• Failure to ensure proper site-specific planning for formwork and falsework (section 20.17, OHS Regulation)

• Failure to obtain professional engineering certification before concrete placement (section 20.26(1), OHS Regulation)

• Failure to comply with a stop-work order (section 90(4), WCA)

• Disturbing the scene of a reportable workplace accident (section 68(2), WCA)

Takhar pleaded guilty to all charges on March 19, 2025.

A hearing took place in provincial court on December 10 and the following sentence was imposed on Takhar:

• $80,500 total fine ($70,000 fine plus a $10,500 victim surcharge)

• Two-year probation order, including the following conditions:

• Retaining a qualified health and safety consultant to create a compliant safety program.

• Ensuring all companies under Takhar’s ownership comply with OHSR and WCA requirements.

• Prohibiting Takhar from acting as a site safety officer at any construction workplace.

• Other court-imposed conditions, such as keeping the peace, reporting to a probation officer, and notifying authorities of changes in employment or business interests.

This landmark case sets an important precedent for worker safety enforcement in B.C.’s construction sector.

“This sentencing sends a clear message: workplace safety is a legal obligation for employers,” said Todd McDonald, Head of Prevention Services at WorkSafeBC. “Employers who disregard their legal obligations and put workers at serious risk of injury or death are subject to escalating enforcement and may face legal consequences.”