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Hefty Fines Recently Imposed for Safety Violations

January 28th, 2010
As you know, the typical penalty for a safety violation is a fine (or under “creative sentencing,” a payment to a safety-related organization or project). In general, there’s a very big disparity among the amount of fines imposed across the country. But recently some hefty fines were imposed in a few jurisdictions. Alberta: Deaths of Two Welders Cost Company $375,000 Two welders were welding the doors shut on a metal shipping container. When a welding arc struck the container’s door, a leaking propane cylinder inside exploded. Both welders died. The company pleaded guilty to a safety offence and was penalized $375,000, which included:
  • $5,000 fine
  • $250,000 to the Fox Creek Fire Department
  • $60,000 to the Fox Creek High School division to fund workplace health and safety training programs
  • $60,000 to NorQuest College to fund two memorial bursaries for students in the Occupational Health and Safety portions of the Business and Industry Careers Program [Alstar Oilfield Contractors Ltd., Govt. News Release, Jan. 11, 2010].
Ontario: $350,000 Fine Imposed after Worker Is Crushed to Death Cement plant workers were lining the inside of a kiln with bricks using a special rig made of a platform on four legs with an overhead arch supporting the bricks. As the workers were adjusting the platform’s legs to keep it level, the platform moved forward. The workers who’d been on the platform fell as did the 400 kg arch, which crushed one worker to death. A manufacturer’s sign on the rig barred workers from being on the rig when it moved. But the company didn’t have a written policy or procedure for moving and adjusting the rig in the kiln. The company pleaded guilty to a safety offence and was fined $350,000 [Lafarge Canada Inc., Govt. News Release, Jan. 20, 2010]. Ontario: Young Worker’s Death Costs Mine $285,000 A young talc mine worker was using equipment to fill bins with rock, sediment and water (“muck”), which were then sent to the surface to be emptied. Overnight, a worker on the surface heard strange sounds from the muck-loading area. A camera in the mine shaft showed that muck had overflowed. Workers tried to call the young worker but got no answer. A worker went down to investigate and found the young worker dead from asphyxiation. The MOL found that the young worker’s control station was right in front of the tunnel from which the muck ran, endangering the worker. In addition, he hadn’t been properly trained and was working alone. Plus, the mine’s policies didn’t adequately address control of muck runs. The mine pleaded guilty to a safety offence. Its fine: $285,000 [Sherritt International Corp., Govt. News Release, Jan. 19, 2010]. Other Penalty Related News Another way companies can be punished for safety offences is through so-called “administrative penalties,” which are essentially fines imposed by a government official rather than a court. In Nova Scotia, new regulations permitting administrative fines for safety violations took effect on Jan. 15th. The regulations, which were announced in September 2009, allow an administrator in the Department of Labour and Workforce Development’s occupational health and safety division to fine an employer after reviewing orders issued by a health and safety officer for violations in a workplace. Fines can be increased for repeat offences and appealed to the Occupational Health and Safety Appeal Panel.
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