Contractor Exercised Due Diligence as to Pipe Clearing Work

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A uranium mine hired a contractor to do pipe work. Workers were trying to clear a pipe of ice when the pipe whipped 41 feet and struck a worker in the face, killing him. The contractor was charged with various OHS violations. But the court dismissed all charges, ruling that the evidence showed that the dramatic movement of the pipe couldn’t have been reasonably expected. In addition, the court ruled that the contractor had taken all reasonable steps to ensure that workers were properly supervised, trained and experienced for the job [R. v. Robwel Constructors LP, [2011] SKPC 31 (CanLII), Feb. 11, 2011].