Convictions under the Occupational Health and Safety Act

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Convicted is: I.D. Oilfield Services Ltd.
Date of conviction: January 16, 2014
Location of offence: Sundre
Date of offence: September 20, 2011
Type: Fatality
Description: A worker received fatal injuries when a steel man basket fell on him.
Conviction: On January 16, 2014, I.D. Oilfield Services entered a guilty plea to Section 2(1)(a)(i) of the Occupational Health and Safety Act. I.D. Oilfield Services Ltd. was fined $275,000 inclusive of the victim fine surcharge.

2013 Convictions

Convicted is: Sureway Construction Ltd.
Date of conviction: December 18, 2013
Location of offence: Edmonton
Date of offence: November 17, 2010
Type: Fatality
Description: Workers were installing a vertical portion of a manhole. One worker suffered fatal injuries when the suspended load crushed him against the excavation wall.
Conviction:

On December 2, 2013, Sureway Construction Ltd. plead guilty to Section 70(1)(c) of the Occupational Health and Safety Code, Tag and hoisting lines, for failing to ensure a tag line is used when it allows worker separation from the load. Christopher Dennis Clelland plead guilty to Section 2(2)(a) of the Occupational Health and Safety Act, Obligations of employers, workers, etc., for failing to ensure that every worker shall, while engaged in an occupation take reasonable care to protect the health and safety of the worker and of other workers present while the worker is working.

On December 18, 2013, a penalty of $275,000 (inclusive of victim fine surcharge) was imposed on Sureway Construction Ltd. A penalty of $7,000 (inclusive of victim fine surcharge) was imposed on Christopher Dennis Clelland. All other charges against Sureway Construction Ltd. were withdrawn upon acceptance of their guilty plea.


Convicted is: XI Technologies Inc. (XI Tech)
Date of conviction: October 31, 2013
Location of offence: Calgary
Date of offence: July 12, 2007
Type: Fatality
Description: A worker was fatally injured when he was struck on the head by a steel lever as he was assisting with a calf roping machine (CRM) set up by his employer, XI Technologies Inc., in order to entertain clients during a Calgary Stampede party.
Conviction:

On October 31, 2013, the Court of Queen’s Bench of Alberta imposed a fine of $275,000 inclusive of the 15% victim fine surcharge on XI Technologies Inc. (XI Tech) apportioned as follows: $100,000 to Count 1: Failing to ensure, as far as it was reasonably practicable to do so, the health and safety of a worker, engaged in the work of that employer, contrary to Section 2(1)(a)(i) of the Occupational Health and Safety Act, R.S.A. 2000, Chapter 0-2, as amended. $175,000 to Count 2: As an employer, failing to ensure that all equipment used at a work site would safely perform the function for which it was intended or designed contrary to Section 12(1)(b) of Alberta Regulation 62/2003, Occupational Health and Safety Regulation Pursuant to the Occupational Health and Safety Act, R.S.A. 2000, Chapter 0-2, as amended.

XI Tech was initially acquitted on both charges: 2011 ABPC 313, overturned on appeal: 2012 ABQB 549, 548 AR 203 and the convictions upheld on further appeal: 2013 ABCA 282.


Convicted is: Les Structures De Beauce Inc.
Date of conviction: October 16, 2013
Location of offence: Edmonton
Date of offence: October 23, 2010
Type: Serious Injury
Description: A young labourer fell over 9 m from the roof structure of a commercial building under construction and sustained multiple fracture and other serious injuries.
Conviction:

On October 16, 2013, Les Structures De Beauce Inc. plead guilty to Section 139(1)(a) of the Occupational Health and Safety Code, for failing to ensure that a worker is protected from falling at a temporary or permanent work area if a worker may fall a vertical distance of 3 meters or more.

On October 16, 2013, a penalty of $90,000 was imposed on Les Structures De Beauce Inc. by the Court. The penalty was comprised of a $5,000 fine inclusive of the victim fine surcharge and a Section 41.1 Order in the amount of $85,000 paid to Pembina Hills Regional Division No. 7 for the creation of an online safety course.

The safety course will teach a wide range of basic work site safety practices, particularly core safety skills and knowledge. It will specifically address the work site with respect to fall protection, floor openings, trenches, excavations, ladders and scaffolds. This online safety course will be readily accessible to high school students, adults in general, pre-employment adults and first year apprentices in the construction industry.


Convicted is: Eco-Industrial Park Inc. (formerly Worthington Properties) and Canadian Consolidated Salvage Ltd. (operating as Clearway Recycling)
Date of conviction: March 8, 2011 | May 6, 2013
Location of offence: Edmonton
Date of offence: August 15, 2008
Type: Injury
Description: A labourer fell from a second storey mezzanine onto a pile of scrap metal and sustained multiple broken bones and body trauma. Workers employed by Eco-Industrial Park Inc. and Canadian Consolidated Salvage Ltd. and Diversified Staffing Services Ltd. were also exposed to an environment that had asbestos containing materials.
Conviction:

On March 8, 2011, Eco-Industrial Park Inc. pled guilty to Section 3(3) of the Occupational Health and Safety Act. A total penalty of $35,750 was imposed, which included a $5,000 fine, a 15 per cent Victim Fine Surcharge of $750 and an order of $30,000 to the Alberta Worker’s Health Centre.

On May 6, 2013, Canadian Consolidate Salvage Ltd. was found guilty on Section 2(1)(a)(i) of the Occupational Health and Safety Act, Section 7(1), 7(2), Section 115(1), and Section 143 (1) of the Occupational Health and Safety Code. The total penalty imposed was $140,000, plus a 15 per cent Victim Fine Surcharge.


Convicted is: Armtec Holdings Limited
Date of conviction: March 4, 2013
Location of offence: Near Spruce Grove
Date of offence: May 16, 2010
Type: Fatality
Description: A labourer was stuck in the head by a launched sheave assembly (that had been under tension by a hoisting mechanism) that became detached from the concrete floor.
Conviction:

On March 4, 2013, Armtec Holdings Limited plead guilty to Section 12(a) of the Occupational Health and Safety Code, for failing to ensure equipment is of sufficient size, strength and design and made of suitable materials to withstand the stresses imposed on it during its operation and to perform the function for which it is intended or was designed.

On September 24, 2013, a penalty of $300,000 was imposed on Armtec Holdings Limited by the Court. The penalty was comprised of a $5,000 fine inclusive of the victim fine surcharge and a Section 41.1 Order in the amount of $295,000 in favor of the Manufacturers’ Health and Safety Association of Alberta (MHSA) in partnership with Cranemaster Overhead Crane Consulting Inc.

The MHSA will create an on-line resource center which will provide industry with the tools to assess and understand limitations and uses of rigging products they use. This website program will provide the users with information necessary to guide them in legislative requirements, safe inspections and the application and maintenance of rigging products.


Convicted is: Division 6 Contracting Ltd
Date of conviction: February 5, 2013
Location of offence: Calgary
Date of offence: August 13, 2009
Type: Injury
Description: A carpenter and framer were removing a wooden beam when the apprentice carpenter fell approximately seven metres from a scaffold. The apprentice carpenter landed in an open excavation hitting his head on a concrete footing. He received serious head injuries.
Conviction: On February 5, 2013, Division 6 Contracting Ltd. plead guilty to Section 139(1)(a) of the Occupational Health and Safety Code. The total penalty imposed was $75,000 plus a 15% victim fine surcharge.

Convicted is: SSEC Canada Ltd.
Date of conviction: January 24, 2013
Location of offence: CNRL Horizon Site
Date of offence: April 24, 2007
Type: Fatality
Description: Two workers were fatally injured when a tank roof support structure collapsed at the west tank farm at the CNRL Horizon site. Two Sinopec Shanghai Engineering Company (SSEC) Canada Ltd. workers were seriously injured and three SSEC Canada Ltd. workers received minor injuries.
Conviction:

On September 5, 2012 SSEC Canada Ltd. pled guilty to three charges under Section 2(1)(a)(i) of the Occupational Health and Safety Act, for failing to ensure, as far as reasonably practicable, the health and safety of a worker engaged in the work of that employer.

On January 24, 2013, SSEC Canada Ltd. was sentenced to a $1.5 million penalty. The penalty comprised of a $200,000 fine and $1.3 million payment to the Alberta Law Foundation to be used to support an outreach and education program, to be developed by the Alberta Workers’ Health Centre, the Edmonton Multicultural Health Brokers and the Calgary Workers’ Resource Centre.


2012 Convictions

Convicted is: North Star Contracting Inc
Date of conviction: October 23, 2012
Location of offence: Fish Creek Provincial Park
Date of offence: November 16, 2009
Type: Injury
Description: A worker received serious injuries to the jaw and right eye when a saw kicked back and struck him in the face as he was cutting a piece of pipe.
Conviction: North Star Contracting Inc pled guilty to section 12(d) of the Code for failing to ensure that equipment was used, handled or operated in accordance with the manufacturer’s specifications. A total penalty of $80,000 was imposed including a $53,000 creative sentence for Quickie Saw Training Program to Olds College. The balance of the penalty is a fine of $27,000 inclusive of surcharge.

Convicted is: Cee Cee Roofing
Date of conviction: October 15, 2012
Location of offence: Fort Assiniboine
Date of offence: November 8, 2009
Type: Injury
Description: A worker was seriously injured when he fell from the roof of the fire hall in Fort Assiniboine. The worker was part of a four worker crew that was in the process of applying additional roofing and insulation material to the roof of the fire hall.
Conviction: 1147509 Alberta Ltd., operating as Cee Cee Roofing, plead guilty to Section 2(1)(a)(i) of the Occupational Health and Safety Act, for failing to ensure, as far as reasonably practicable, the health and safety of a worker engaged in the work of that employer. Cee Cee Roofing, was sentenced to a total penalty of $85,000 inclusive of the victim fine surcharge.

Convicted is: Taber Truck and Trailer Repair Ltd.
Date of conviction: August 7, 2012
Location of offence: Taber
Date of offence: February 1, 2010
Type: Injury
Description: A worker received serious burn injuries as a result of an explosion that occurred while he was cleaning the inside of the tank portion of a tanker trailer unit that had been used to haul hydrocarbons.
Conviction: Taber Truck and Trailer Repair Ltd. pleaded guilty to section 2(1)(a)(i) of the Occupational Health and Safety Act. Taber Truck and Trailer Repair Ltd. was fined $75,000.

Convicted is: Perera Development Corporation, Perera Shawnee Ltd.
Date of conviction: June 4, 2012
Location of offence: Calgary
Date of offence: February 14, 2008
Type: Fatality
Description: An excavation wall collapsed, burying a dump truck. The dump truck operator was fatally crushed inside the cab of the truck.
Conviction: Perera Development Corporation was fined a total of $1.25 million plus a 15 per cent victim fine surcharge of $187,500. Perera Shawnee Ltd. was fined a total of $900,000 plus a 15 per cent victim fine surcharge of $120,000.

Convicted is: CCS Contracting Ltd.
Date of conviction: May 30, 2012
Location of offence: Edmonton
Date of offence: January 21, 2009
Type: Injury
Description: A worker was seriously injured when he fell 12 metres from a roof while helping a co-worker operate a roof cutting machine.
Conviction: A total penalty of $70,000 was imposed, of which $5,000 was a fine inclusive of the victim fine surcharge. The remaining $65,000 is a creative sentence directed to the Bent Arrow program ($25,000) and the Alberta Roofing Construction Safety Association ($40,000).

Convicted is: Clayton Construction Company Ltd
Date of conviction: May 23, 2012
Location of offence: North of Fort McMurray
Date of offence: September 3, 2008
Type: Fatality
Description: On the property of Canadian Natural Resources Limited, Horizon Oil Sands Mine site (Tailings Pond) north of Fort McMurray, the operator of a Floatation Excavator drowned when his machine overturned in deep water and he was not able to exit the cab of the machine.
Conviction: Clayton Construction Company Ltd. plead guilty to Section 2(1)(a)(i) of the Occupational Health and Safety Act, for failing to ensure, as far as reasonably practicable, the health and safety of a worker engaged in the work of that employer. Clayton Construction Company Ltd. was sentenced to a total penalty of $272,500 inclusive of the victim fine surcharge of $5,500. The remaining $267,000 is a creative sentence of which $25,000 will go to Keyano College for the purpose of funding a Memorial Endowment in honour of the deceased worker, and $242,000 for research into heavy equipment safety around waterways, development of program curriculum to be included in current heavy equipment courses offered at Keyano College, and development of mini courses for heavy equipment safety around waterways to be available free of charge to on-line public users.

Convicted is: Finning International Inc. (Finning)
Date of conviction: February 16, 2012
Location of offence: Fort McMurray
Date of offence: July 8, 2008
Type: Fatality
Description: A third-year apprentice heavy duty mechanic was run over by a Caterpillar 797F heavy haul truck while attempting to tow the disabled haul truck to the maintenance shop.
Conviction: A total penalty of $275,000 was imposed, of which $2,500 was a fine inclusive of victim fine surcharge. The remaining $272,500 is a creative sentence of which $212,500 is directed to Injury Alberta and $60,000 is directed to the Alberta Worker’s Health Centre.

Convicted is: Settlement Transportation Services Inc.
Date of conviction: January 26, 2012
Location of offence: Fishing Lake Métis Settlement
Date of offence: July 15, 2006
Type: Fatality
Description: A Caterpillar Dozer operator was assisting another Caterpillar Dozer operator to attach two fallen trees to the rear ripper shank of the Caterpillar Dozer. The worker was crushed between the ripper framework and the tree root ball as the Caterpillar Dozer was backing up.
Conviction: Settlement Transportation Services pleaded guilty to section 2(1)(a)(i) of the Occupational Health and Safety Act. A total penalty of $250,000 was imposed, of which $1,000 was a fine inclusive of victim fine surcharge and the remaining $249,000 is a creative sentence for the establishment of a health and safety management system for the Fishing Lake Métis Settlement.

Convicted is: K-Tec Industries (2005) Inc.
Date of conviction: January 16, 2012
Location of offence: Fort McMurray
Date of offence: February 6, 2008
Type: Injury
Description: A worker received serious head injuries when a drilling line was inadvertently rotated while work was being carried out on the equipment.
Conviction: K-Tec Industries (2005) Inc. pleaded guilty to Section 212(1) of the Occupational Health and Safety (OHS) Code, for failing to ensure that no worker performs such work on the machinery, equipment or powered mobile equipment until it has come to a complete stop if machinery, equipment or powered mobile equipment is to be serviced, repaired, tested, adjusted or inspected, and was sentenced to a total penalty of $75,000.00 inclusive of the victim fine surcharge.

2011 Convictions

Convicted is: Dreco Energy Services Ltd.
Date of conviction: December 15, 2011
Location of offence: Nisku
Date of offence: October 17, 2008
Type: Fatality
Description: While welding from an aerial platform, the moving platform struck and severed the rubbing insulating coating of the welding current conductor cable, energizing the platform, and electrocuting the worker.
Conviction: Dreco Energy Services Ltd. entered a guilty plea to Section 12(D) of the Occupational Health and Safety Code and received a total penalty of $365,500, including a $10,500 fine (inclusive of victim fine surcharge). Of that total, $240,000 is payable to NAIT for the development of an aerial platform course and the establishment of a Trades Apprenticeship Endowment in honour of the deceased worker. Also, $115,000 is payable to Norquest College for the development of a safety course on intercultural communications for on-site workers.

Convicted is: Bonterra Energy Corp.
Date of conviction: December 5, 2011
Location of offence: Drayton Valley
Date of offence: May 14, 2009
Type: Fatality
Description: A worker contracted to Bonterra Energy Corp., was struck by a rotating counterweight of an oilwell pumpjack, resulting in fatal injuries.
Conviction: Bonterra Energy Corp. entered a guilty plea to Section 310(2)(a) of the Occupational Health and Safety Code and received a total penalty of $275,000, including a $2,500 fine. Of that total, $250,000 will be directed to Enform and the Alberta Workers’ Health Centre, and $22,500 will be directed to the Work Plays School Program (a program of the Alberta Workers’ Health Centre).

Convicted is: GLP Instrumentation Inc. and Mr. Sebastien Berube
Date of conviction: November 22, 2011
Location of offence: Aldersyde
Date of offence: April 15, 2008
Type: Fatality
Description: A worker was welding a fitting on the top of a biodiesel settling tank. While he was welding, the biodiesel settling tank exploded.
Conviction: GLP Instrumentation Inc. entered a guilty plea to Section (1)(a)(i) of the Occupational Health and Safety Act and received a total penalty of $431,250 ($375,000 fine and a victim fine surcharge of $56,250). Sebastian Berube entered a guilty plea to Section 2(2)(a) of the Occupational Health and Safety Act and received a total penalty of $17,250 ($15,000 fine and a victim fine surcharge of $2,250).

Convicted is: Roofmart Alberta Inc.
Date of conviction: November 14, 2011
Location of offence: Fort McMurray
Date of offence: May 21, 2009
Type: Fatality
Description: A boom truck operator was fatally injured when an elevated section of an articulating boom crane collapsed and pinned him against another section of the articulating boom crane as he was attempting to repair the crane.
Conviction: Roofmart Alberta Inc. entered a guilty plea to s. 261 of the Occupational Health and Safety Code. A total penalty of $350,000 includes a fine of $10,000 and a victim fine surcharge of $1500. The remaining $338,500 will be directed to the Fort McMurray/Wood Buffalo office of St. John Ambulance to provide first aid education and a training classroom facility in Fort McMurray ($200,000 allocated to the classroom facility, $138,500 to train and certify approximately 1000 high school students from the Fort McMurray area in Standard First Aid).

Convicted is: Clean Harbors Energy and Industrial Services Corp.
Date of conviction: November 9, 2011
Location of offence: Northeast of Fort McMurray
Date of offence: February 4, 2009
Type: Injury
Description: A vacuum truck operator fell approximately five metres off the truck’s beavertail into a sump pit while cleaning out the back of his vacuum truck. The worker sustained a broken clavicle, fractured ribs, a fractured orbital socket, and bruising to his head, as a result of the fall.
Conviction: Clean Harbors Energy and Industrial Services Corp., formerly known as Eveready Energy Services Corp. entered a guilty plea to s. 2(1)(a)(i) of the Occupational Health and Safety Act. A total penalty of $85,000 includes a fine of $5,000 inclusive of the victim fine surcharge, and payment of $80,000 to the Keyano College Occupational Health and Safety Certificate program for course upgrading and development.

Convicted is: Denel Trucking (335590 Alberta Ltd.) and Keith Hargrave
Date of conviction: October 24, 2011
Location of offence: Calgary
Date of offence: August 8, 2008
Type: Fatality
Description: A driver was slowly moving a truck with two attached trailers to a wash in the back yard. A worker was steering the rear trailer from controls located on the side of the trailer. He was walking beside the trailer while operating the controls and was run over by the rear wheels of the trailer.
Conviction: Denel Trucking entered a guilty plea to Section 2 (1)(a)(i) of the Occupational Health and Safety Act and was sentenced to pay a total penalty of $286,500. This includes $144,000 to the Job Safety Skills Society ($109,000 to be allocated for the JobSafe Program and $35,000 to establish a scholarship program in honour of the deceased worker), $131,000 to the Alberta Motor Transport Association for the development of a course for the safe operation of specialized long combination vehicles, a $10,000 fine and a $1500 victim surcharge. Mr. Keith Hargrave, a worker for Denel Trucking, entered a guilty plea to section 2(2) of the Occupational Health and Safety Act and was ordered to pay a $10,000 fine.

Convicted is: Westcan Stucco Wire Ltd.
Date of conviction: September 12, 2011
Location of offence: Calgary
Date of offence: September 11, 2007
Type: Fatality
Description: A worker fell from scaffolding and was fatally injured.
Conviction: Westcan Stucco Wire Ltd. entered a guilty plea to Section 323 of the Occupational Health and Safety Code. Westcan was ordered to pay a fine of $300,000 and $45,000 as a victim fine surcharge, for a total penalty of $345,000.

Convicted is: Telba Oilfield Rentals Ltd.
Date of conviction: September 6, 2011
Location of offence: Rainbow Lake
Date of offence: March 19, 2008
Type: Injury
Description: Maintenance workers were assisting with the shut down of an oil battery facility, when a worker was seriously injured in an explosion and fire.
Conviction: Telba Oilfield Rentals Ltd. entered a guilty plea to Section 2 (1)(a)(i) of the Occupational Health and Safety Act and received a total penalty of $100,000. The sentence includes a $5000 fine, and an order under Section 41.1 of the OHS Act to pay $29,525 to Hilltop High School in Whitecourt for facilitation of student safety training and safety equipment enhancements, and $65,475 to the Grande Prairie Composite High School Career, Health and Safety Wellness Centre.

Convicted is: Gordon Buchanan Enterprises Ltd.
Date of conviction: August 22, 2011
Location of offence: High Prairie
Date of offence: December 19, 2008
Type: Injury
Description: On December 19, 2008 at the Gordon Buchanan Enterprises Ltd. log yard located at High Prairie, Alberta, a worker employed by Gordon Buchanan Enterprises Ltd. was seriously injured after a fall of approximately 25 metres when the portal crane he was operating partially collapsed. The worker sustained serious, life altering injuries.
Conviction: Gordon Buchanan Enterprises Ltd. pleaded guilty to Section 2(1)(a)(i) of the Occupational Health and Safety Act. The company was ordered to pay a total penalty of $100,000, which includes a fine of $10,000 inclusive of a victim fine surcharge and, under Section 41.1 of the Occupational Health and Safety Act, $90,000 in favour of the Alberta Forest Products Association for the development of a training program for the inspection, use, and maintenance of portal cranes.

Convicted is: Agra Foundations Ltd.
Date of conviction: July 19, 2011
Location of offence: Balzac
Date of offence: July 28, 2007
Type: Injury
Description: A crane operator’s left leg was drawn into the rotating drums of the draw works of a crane and the crane operator sustained serious leg injuries. His left leg required amputation.
Conviction: Agra Foundations Ltd. pleaded guilty to Section 7(1) of the Occupational Health and Safety Code, failing to assess a worksite and identify existing or potential hazards before work began. The company was ordered to pay a fine of $5000, plus a Victim Fine Surcharge of $750. In addition, under Section 41.1 of the Occupational Health and Safety Act, the company was ordered to pay $85,000 to the Alberta Construction Safety Association to develop two safety courses.

Convicted is: Garda Canada Security Corp.
Date of conviction: July 8, 2011
Location of offence: Calgary
Date of offence: November 1, 2006
Type: Injury
Description: A female security guard was sexually assaulted. On September 8, 2008, the intruder was sentenced to serve eight years. Occupational Health and Safety conducted its investigation with regard to OHS issues.
Conviction: Garda Canada Security Corporation entered a guilty plea to Section 2(1)(a)(i) of the Occupational Health and Safety Act and was fined $5000 plus a Victim Fine Surcharge of $750. In addition, under Section 41.1 of the Occupational Health and Safety Act, the company was ordered to pay $87,000 to the Southern Alberta Institute of Technology (SAIT) for the development of a hazard assessment education program for working alone. The order was paid to SAIT on July 11, 2011.

Convicted is: Steve’s Oilfield Services (Edson) Ltd.
Date of conviction: June 7, 2011
Location of offence: Grande Prairie
Date of offence: October 22, 2003
Type: Injury
Description: A worker received serious injuries when run over by a bobcat he was exiting. On February 12, 2007, the company entered into a joint submission under Section 41.1 of the Occupational Health and Safety Act.
Conviction: On June 7, 2011, the company was found guilty of failing to comply with an order made under Section 41.1 of the Occupational Health and Safety Act, and received a fine of $100,000.

Convicted is: Watts Projects Inc.
Date of conviction: April 27, 2011
Location of offence: Hinton
Date of offence: June 23, 2007
Type: Injury
Description: A backhoe operator suffered serious injuries including the loss of his right arm while working on a rotating drill pipe.
Conviction: Watts Projects Inc. entered a guilty plea to Section 212(1) of the Occupational Health and Safety (OHS) Code. Watts Project Inc. was sentenced to a fine of $2,500.00 inclusive of victim fine surcharge and directed to pay an additional $72,500.00 to the University of Alberta’s OHS Certificate Program to facilitate on-line delivery of two course’s, one with particular application to the circumstances of this case: Risk Management and Communication.

Convicted is: West Fraser Mills Ltd.
Date of conviction: April 18, 2011
Location of offence: Hinton
Date of offence: April 22, 2007
Type: Injury
Description: An operator was crushed and held against a concrete pillar by a Finger Assembly that had retracted while he was under the machine performing a maintenance procedure.
Conviction: West Fraser Mills Ltd. entered a guilty plea to Section 189 of the OHS Code resulting in a $75,000 penalty, including a fine of $5,000 inclusive of surcharge, and an order of $70,000 in favour of the Hinton Fire/Rescue Department.

Convicted is: Eco-Industrial Business Park Inc.
Date of conviction: March 8, 2011
Location of offence: Edmonton
Date of offence: August 22, 2008
Type: Possible exposure to asbestos
Description: After an OHS review of worker records following an unrelated worker injury, it was determined that several workers had potentially been working in the areas of a building where asbestos had been located. It is not possible to determine if any of the workers were exposed to asbestos. However, there were areas of the worksite wherein the hazard of asbestos fibres becoming airborne was present.
Conviction: Eco-Industrial Business Park Inc. entered a guilty plea to Section 3(3) of the Occupational Health and Safety Act. The penalty imposed was a $5000 fine plus 15% Victim Fine Surcharge of $750. Also an order of $30,000 to the Alberta Workers’ Health Centre (total penalty – $35,750).

Convicted is: AT Plastics Inc.
Date of conviction: February 22, 2011 (Sentenced March 2, 2011)
Location of offence: Edmonton
Date of offence: September 20, 2007
Type: Injury
Description: A worker operating a plastics extruder had his hand caught in a feeder resulting in the amputation of three fingers and a thumb.
Conviction: AT Plastics Inc. plead guilty to OHS Regulation, 15(1). A $5,000 fine plus 15% Victim Fine Surcharge of $750. Also an order of $65,000 in favour of NAIT to be used for an entrance bursary to the OHS program, and to purchase laboratory equipment for the OHS program.

Convicted is: Syncrude Canada Ltd.
Date of conviction: February 17, 2011
Location of offence: Mildred Lake processing facility near Fort McMurray
Date of offence: December 31, 2008
Type: Fatality
Description: A process operator clearing ice from a pipe rack at the Mildred Lake Processing Facility was fatally injured when he was struck by a large mass of falling ice.
Conviction: Syncrude Canada Ltd. entered a guilty plea to s. 189 of the Occupational Health and Safety Code. All other charges were withdrawn upon acceptance of the guilty plea.

Syncrude Canada Ltd. was fined $10,000 plus a surcharge of $1,500, and ordered to pay an additional $365,000 pursuant to s. 41.1 of the Occupational Health and Safety Act, in favour of Keyano College for the development and implementation of a safety module for the Process Operators, Power Engineering and Occupational Health and Safety programs respecting hazard assessments, awareness and control in relation to winter conditions and the formation of ice. The remaining $100,000 will be allocated to establish bursaries for students of these programs in memory of the worker.

Convicted is: Eugene Hausauer, Director of E.L.H. Enterprises Ltd.
Date of conviction: January 24, 2011
Location of offence: Fox Creek
Date of offence: March 7, 2008
Type: Fatally overcome by sour gas
Description: A worker was removing an orifice plate inside a group separator building at an Orleans Energy Ltd. sour gas production facility. While attempting to remove the orifice plate, the worker caused a sour gas release from the equipment and was fatally overcome by the toxic gas.
Conviction: Mr. Hausauer plead guilty to one count under section 2(1)(a)(i) of the Occupational Health and Safety (OHS) Act, and received a total penalty of $30,000, which included a fine of $1,000, inclusive of the victim fine surcharge, and $29,000 to Hilltop High School in Fox Creek for an Occupational Health and Safety Program in memory of the worker.

Convicted is: Arrow Crane Ltd.
Date of conviction: October 18, 2010*
Location of offence: Red Deer
Date of offence: May 29, 2007
Type: Crane upset
Description: A boom truck operator was lifting a load of roof trusses when the bottom of the trusses came into contact with a roof frame. As it was being pulled off the roof, the load bounced, causing the crane to jerk and tip the boom truck. The load dislodged and landed in the front yard of the home while the boom crashed through the roof of an adjacent occupied house. No workers or members of the public were injured in the incident.
Conviction: Arrow Crane Ltd. pleaded guilty to Section 12(1)(b) of the OHS Regulation. The company was ordered to pay a fine of $80,000.

* The fine for Arrow Crane Ltd. will be reflected in the 2011 tally as sentencing occurred on January 24, 2011


Convicted is: Charlton & Hill Limited
Date of conviction: December 15, 2010*
Location of offence: Lethbridge
Date of offence: March 24, 2008
Type: Injury
Description: A worker was using a wheelbarrow to dump gravel from the roof of a warehouse when he fell approximately 8.53 meters. The worker sustained serious injuries.
Conviction: Charlton & Hill Limited entered a guilty plea to Section 139(1)(a) of the OHS Code. The company was ordered to pay a total penalty of $65,750, including a $5,000 fine, $750 victim fine surcharge and $60,000 creative sentence payable to the Occupational Health and Safety Program at the Southern Alberta Institute of Technology (SAIT).

* The total penalty for Charlton & Hill Limited will be reflected in the 2011 tally as sentencing occurred on January 19, 2011


2010 Convictions

Convicted is: Beck Drilling and Environmental Services Ltd.
Date of conviction: December 8, 2010
Location of offence: Fox Creek
Date of offence: April 7, 2008
Type: Injury
Description: A worker was using an oxy-acetylene torch to cut a steel plate. The oxy-acetylene flame punctured a hose and hydraulic fluid sprayed into the flame creating a fire. The worker received serious burn injuries.
Conviction: Beck Drilling and Environmental Services Ltd. entered a guilty plea to Section 7(1) of the OHS Code. The company was ordered to pay a total penalty of $90,000, including a $5,000 fine and $85,000 creative sentence payable to SAIT’s Health and Safety Kiosk Program.

Convicted is: 864899 Alberta Ltd. o/a KCB Excavating and Calgary Tunnelling & Horizontal Augering Ltd.
Date of conviction: December 3, 2010
Location of offence: Medicine Hat
Date of offence: December 12, 2007
Type: Injury
Description: A track hoe operator moved his track hoe boom close to an augering machine. The track hoe boom end struck a worker and pinned him against the augering machine. The worker sustained serious injuries.
Conviction: 864899 Alberta Ltd. (operating as KCB Excavating and Calgary Tunnelling & Horizontal Augering Ltd.) entered a guilty plea to Section 2(1)(a)(ii) of the OHS Act. The company was ordered to pay a total penalty of $75,750, including a $5,000 fine, $750 victim fine surcharge and $70,000 creative sentence payable to the Southern Alberta MedicAir Society, Helicopter Air Lift Operation (HALO).

Convicted is: 876434 Alberta Ltd. o/a High Mark Vacuum Services
Date of conviction: November 15, 2010
Location of offence: Torrington
Date of offence: December 23, 2006
Type: Fatality
Description: A worker received fatal head injuries after being struck by the rear door of the vacuum tank.
Conviction: 876434 Alberta Ltd. (operating as High Mark Vacuum Services) was convicted of violations under Section 2(1)(a)(i) of the OHS Act and Section 7(1) of the OHS Code. The company was ordered to pay $200,000 for each count for a total of $400,000.

Convicted is: Viper Concrete 2000 Limited Partnership
Date of conviction: September 13, 2010
Location of offence: Calgary
Date of offence: March 31, 2007
Type: Injury
Description: A worker was pre-raking the concrete poured on a 12th floor of a construction site. The worker fell through an uncovered floor opening and landed on a partially covered floor opening on the 10th floor. The worker received serious injuries.
Conviction: Viper Concrete 2000 Limited Partnership entered a guilty plea to Section 7(2) of the Occupational Health and Safety Code and received a total penalty of $85,750 incuding a $5,000.00 fine $750.00 Victim Fine Surcharge, as well as a $80,000 creative sentence payable to the Women Building Futures Society.

Convicted is: M & H WOOD SPECIALTIES LTD.
Date of conviction: March 1, 2010
Location of offence: Bragg Creek
Date of offence: December 4, 2006
Type: Injury
Description: A worker was walking on the floor joist. He lost his balance and fell approximately 3.10 metres into the basement.
Conviction: M & H Wood Specialties Ltd. entered a guilty plea to a violation of Section 7(1) of the Occupational Health and Safety Code and was fined $1,000.00 plus a $150.00 victim fine surcharge and ordered to make payment of $98,850 to Professional Medical Associates.

Convicted is: Tesco Corporation
Date of conviction: February 22, 2010
Location of offence: Fort McMurray
Date of offence: September 10, 2006
Type: Injury
Description: A worker employed by Tesco Corporation was seriously injured when he was pinned between two sections of oil well casing.
Conviction: Tesco Corporation entered a guilty plea to a charge under section 189 of the Occupational Health and Safety Code.

Court accepted a joint submission of a total penalty of $125,000.00 comprised of a fine of $5,000.00 inclusive of surcharge, and a section 41.1 Order in favour of Enform for $120,000.00.


Convicted is: Chinook Drilling, a division of Total Energy Services Ltd.
Date of conviction: February 19, 2010
Location of offence: Cold Lake
Date of offence: July 16, 2005
Type: Injury
Description: A worker was injured by a hydraulic lifting arm.
Conviction: Chinook Drilling entered a guilty plea to a charge under Section 212(1) of the Occupational Health and Safety Code. The court accepted a joint submission of a total penalty of $85,000.00 comprised of a fine of $5,000.00 inclusive of surcharge, and a s.41.1 Order in favour of STARS and Cold Lake Ambulance Society for $80,000.00.

Convicted is: Earl Rockerfeller Rutherford o/a R-K Construction
Date of conviction: February 12, 2010
Location of offence: Hythe
Date of offence: June 28, 2006
Type: Fatality
Description: A sheet metal worker, working for Earl Rockefeller Rutherford (operating as R-K construction), was installing roofing materials on an 18 metre high fabrication shop when he fell and was fatally injured.
Conviction: Mr. Rutherford entered a guilty plea to Section 2(2)(a) as a worker. The Judge accepted a joint submission and sentenced Mr. Rutherford to a fine of $10,000.00 inclusive of the surcharge, in default 142 days incarceration.

Convicted is: Alstar Oilfield Contractors Ltd.
Date of conviction: January 11, 2010
Location of offence: Fox Creek
Date of offence: June 30, 2006
Type: Fatality
Description: A contract welder and an Alstar Oilfield Contractors Ltd.’s worker were welding the doors shut on a metal shipping container. When a welding arc was struck on the door of the container, a leaking propane cylinder inside exploded. Both workers suffered fatal injuries.
Conviction: Pleaded guilty to section 2(1)(a)(i) under the Occupational Health and Safety Act. Alstar Oilfield Contractors Ltd. received a total penalty of $375,000.00. The penalty included a fine of $5,000.00, inclusive of the victim fine surcharge, $250,000.00 to the Fox Creek Fire Department for purchasing equipment for work site fire and other emergency operations, $60,000.00 to the Fox Creek High School division for funding programs for students in areas of workplace health and safety training, and $60,000.00 to NorQuest College for the purpose of funding two memorial bursaries for students in the Occupational Health and Safety portions of the NorQuest College’s Business and Industry Careers Program.

Convicted is: Ensign Drilling Inc.
Date of conviction: January 11, 2010
Location of offence: Grande Prairie
Date of offence: August 17, 2006
Type: Injury
Description: A drilling rig vibrated, causing a rig worker to lose his balance and fall into the moving parts of the rig which amputated his arm.
Conviction: Guilty plea to Section 310(2)(a) of the Occupational Health and Safety Code. The court imposed a total penalty of $90,750.00, including a $5,000.00 fine plus a victim fine surcharge of $750.00 and $85,000.00 to the Alberta Workers' Health Centre.

Convicted is: Garneau Inc.
Date of conviction: December 16, 2009*
Location of offence: Camrose
Date of offence: June 13, 2006
Type: Fatality
Description: A 56-year-old employee of Garneau Inc. died after his head was caught between two large pipes.
Conviction: Guilty plea to Section 2(1)(a)(i) of the Occupational Health and Safety Act for failing to ensure the health and safety of the worker. Garneau Inc. received a total penalty of $300,000 that included a fine of $10,000 inclusive of victim fine surcharge and the remaining amount of $290,000 to the University of Alberta Engineering Program.
* The total penalty for Garneau Inc. is reflected in the 2010 tally as sentencing occurred on February 10, 2010.
Created: 2009-04-15
Modified: 2014-04-16
PID: 6752