Employer Used Due Diligence to Prevent Mill Worker’s Machine Death

Three workers who should have known better failed to follow a lockout procedure resulting in the death of a feed mill worker who was seeking to unclog a mixing machine. Of the 24 OHS charges laid, the Crown withdrew 4 and the Alberta court tossed 6. The remaining 14 charges went to trial. Result: Not guilty on all counts, either because the Crown couldn’t prove them or because the employer exercised due diligence in implementing a safety training, lockout and confined spaces program that were ultimately defeated by the unforeseen safety violations committed by the workers involved in the operation [R v Taurus Natural Inc, 2021 ABPC 100 (CanLII), March 18, 2021].