What is the case law on access to the milling machine at a milling facility where a worker has developed a procedure for accessing the machine using a six-foot ladder?

British Columbia, Canada


The following excerpt is from A2100583 (Re), 2021 CanLII 137806 (BC WCAT):

I accept the worker’s evidence. In line with Faryna v. Chorny, I consider it reasonable that the worker, in his circumstances of having developed a procedure for accessing the milling machine after injuring himself on the same machine in December 2019, felt embarrassed about sustaining a further injury while not using the six-foot ladder, and thinking his back injury would resolve in a short period of time, took a chance, so to speak, by reporting an injury that occurred underneath the shearing machine, which was the source of an earlier injury.

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