Appeals and other matters

Appeals and other matters

Read the list of appeals and other matters resulting from violations of Alberta OHS law.

2017

Show Answer Charged is: Capital Steel Inc.

Date charges laid:
May 11, 2016
Date of alleged offence:
August 1, 2014
Description:
A worker employed as general labourer was hand loading solid steel rod onto an outside cantilever steel storage rack. The rack collapsed/tipped over onto the worker, crushing the worker. The worker sustained fatal injuries.
Contravention:
Capital Steel Inc. was charged with 2 counts
  • Section 2(1)(a)(i) of the Occupational Health and Safety Act, failure to protect the health and safety of a worker.
  • Section 187(2)(a) of the Occupational Health and Safety Code, failure to ensure that storage racks were designed, constructed and maintained to support the load placed on them.
Status:
All charges were stayed May 16, 2017.

Show Answer Charged is: Grey’s Paper Recycling Industries Limited Partnership, Grey’s Paper Recycling Industries Ltd., Grey’s Paper Recycling Industries Limited Operating as Greys Recycling

Date charges laid:
August 17, 2016
Date of alleged offence:
September 19, 2014
Description:
An operator was attempting to remove a piece of pulp debris from a paper press.  The worker suffered serious injuries when his arm was caught in the rotating press.
Contravention:
Grey’s Paper Recycling Industries Limited Partnership, Grey’s Paper Recycling Industries Ltd., and Grey’s Paper Recycling Industries Limited Operating as Greys Recycling were charged jointly with 4 counts:
  • Section 2(1)(a)(i) of the Occupational Health and Safety Act
  • Section 310(2)(a) of the Occupational Health and Safety Code
  • Section 13(1)(a) of the Occupational Health And Safety Regulation
  • Section 15(1) of the Occupational Health And Safety Regulation
Status:
All charges were stayed January 23, 2017.

2016

Show Answer Charged is: Western Rock Products Ltd.

Date charges laid:
April 20, 2016
Date of alleged offence:
June 6, 2014
Description:
A worker employed as a rock truck driver was attempting to repair the driveshaft on a bus at a quarry site. When the driveshaft was disconnected, the bus rolled down an incline, fatally crushing the worker.
Contravention:
Western Rock Products Ltd. was charged with 2 counts
  • Section 2(1)(a)(i) of the Occupational Health and Safety Act
  • Section 9(1)(b) of the Occupational Health and Safety Code
Status:
All charges were withdrawn on October 25, 2016. There was a change in circumstances such that it was no longer in the public interest to continue the prosecution.

2015

Show Answer Charged is: Samuel, Son & Co., Ltd/Samuel & Fils & Cie Ltee; Omega Joists Inc.

Date charges laid:
December 11, 2015
Date of alleged offence:
January 23, 2014
Description:
A worker was walking by a rolling mill, and heard a "bearing grinding" in or around the 2nd roller. At this time, the worker entered into the rolling mill area through an unguarded area, stepped up on the platform, and put his right hand down to "feel" which roller was making the grinding noise. The worker's gloved hand was rolled into the mill. The worker suffered serious injuries to his hand as a result of the incident.
Contravention:
Samuel, Son & Co., Ltd/Samuel & Fils & Cie Ltee and Omega Joists Inc. were charged with 3 counts: :
  • Section 2(1)(a)(i)of the Occupational Health and Safety Act
  • Section 310(2)(a) of the Occupational Health and Safety
  • Section 212(A), Section 212(1) of the Occupational Health and Safety Code
Status:
All charges were withdrawn September 21, 2016.

Show Answer Charged is: Clean Harbors Energy and Industrial Service LP; Clean Harbors Energy and Industrial Services Corp.; Clean Harbors Industrial Services Canada, Inc.; and Clean Harbors Surface Rentals, Ltd.

Date charges laid:
November 20, 2015
Date of alleged offence:
November 26, 2013
Description:
Two workers were cleaning the interiors and exteriors of a pair of tanker trailers that were parked in the wash-bay at the Clean Harbors maintenance facility in Leduc. The trailers had most recently contained hexane. During the washing process, the tanker trailer compartments' contents drained into the open sump pit immediately below the tanker trailers. Flammable and explosive vapours from the hexane built up in the wash-bay and sump and came in contact with an ignition source in the wash-bay office immediately adjacent to the wash-bay. An explosion and fire started in the office and moved rapidly through the wash-bay, causing burns to the two workers.
Contravention:
Clean Harbors Energy and Industrial Service LP; Clean Harbors Energy and Industrial Services Corp.; Clean Harbors Industrial Services Canada, Inc.; and Clean Harbors Surface Rentals, Ltd. were charged with 9 Counts as follows:
  • Section 2(1)(a)(i) of the Occupational Health and Safety Act
  • Section 2(1)(a)(i) of the Occupational Health and Safety Act
  • Section 13(1)(a) of Alberta Regulation
  • Section 13(1)(b) of Alberta Regulation
  • Section 13(3) of the Occupational Health and Safety Regulation
  • Section 15(3)(a) of Alberta Regulation
  • Section 15(3)(a) of Alberta Regulation
  • Section 165(3)(a) of the Occupational Health and Safety Code
  • Section 407 of the Occupational Health and Safety Code
Status:
All charges withdrawn June 16, 2016.

Show Answer Charged is: Blacklaw Manufacturing Inc. and BP Machine Ltd.

Date charges laid:
May 1, 2015
Date of alleged offence:
May 24, 2013
Description:
A machinist was crushed between the turret housing and the rear door of an industrial lathe.
Contravention:
Both parties are charged with 3 counts each:
  • Section 2(1)(a)(i) of the Occupational Health and Safety Act, R.S.A. 2000, Chapter O-2, as amended.
  • Section 9(2) of the Occupational Health and Safety Code 2009 as adopted by the Occupational Health and Safety Code Order, Alberta Regulation 87/2009 pursuant to the Occupational Health and Safety Act, R.S.A. 2000, Chapter 0-2, as amended.
  • Section 310(2)(A) of the Occupational Health and Safety Code 2009 as adopted by the Occupational Health and Safety Code Order, Alberta regulation 97/2009 pursuant to the Occupational Health and Safety Act, R.S.A. 2000, Chapter 0-2, as amended.
Status:
All charges stayed on August 13, 2015.

Show Answer Charged is: Swab Master Ltd.

Date charges laid:
March 3, 2015
Date of alleged offence:
April 23, 2013
Description:
An explosion occurred while workers were preparing to clean the interior of a cargo tank mounted on a truck. The cargo tank last contained produced water and was identified by Class 3 flammable liquid placards with UN number 1267. Two workers suffered serious injuries.
Contravention:
Swab Master Ltd. was charged with 5 counts:
  • Section 2(1)(a)(i) of the Occupational Health and Safety Act
  • Section 165(3)(a) of the Occupational Health and Safety Code
  • Section 9(1) of the Occupational Health and Safety Code
  • Section 169(2)(b)(i) of the Occupational Health and Safety Code
  • Section 169(2)(d)(i) of the Occupational Health and Safety Code
Status:
All charges were withdrawn on June 23, 2016.

Show Answer Charged is: Promac Industries Ltd. and Promac Industries Limited Partnership

Date charges laid:
February 6, 2015
Date of alleged offence:
March 19, 2013
Description:
 A worker was seriously injured when his left arm became entangled in a CNC (computer numeric control) lathe.
Contravention:
Both parties are charged with 5 counts each:
  • Section 2(1)(a)(i) of the Occupational Health and Safety Act
  • Section 12(1)(a) Occupational Health and Safety Regulation
  • Section 12(1)(b) Occupational Health and Safety Regulation
  • Section 12(d) of the Occupational Health and Safety Code
  • Section 15(1) Occupational Health and Safety Regulation
Status:
All charges against Promac Industries Ltd. and Promac Industries Limited Partnership were withdrawn on December 18, 2015.

2014

Show Answer Charged is: ConocoPhillips Resources Corporation

Date charges laid:
October 3, 2014
Date of alleged offence:
October 7 & 8, 2012
Description:
The incident occurred when a welder was using a cutting torch on a well that was in the final stages of abandonment. An uncontrolled fire occurred and the welder sustained serious burn injuries.
Contravention:

ConocoPhillips Resources Corporation, noted as the Contractor and Prime Contractor, was charged with 6 counts:

October 7, 2012

  • Section 2(5) of the Occupational Health and Safety (OHS) Act, failure to ensure, as contractor directing the activities of an employer at a work site, that the employer complied with the OHS Act, the regulations and the code.
  • Section 3(3) of the OHS Act, failure to ensure, as prime contractor under subsection 1, that the OHS Act, regulations and adopted code were complied with in respect of the work site.
  • Section 18(1) of the OHS Act, failure to notify a Director of Inspection, as prime contractor, that an injury or accident occurred at a work site
  • Part 2, Section 7(5) of the OHS Code, failure to ensure that an employer on the work site was made aware of any existing or potential work site hazards

October 8, 2012

  • Section 2(5) of the OHS Act (please refer to Oct 7, 2012)
  • Section 3(3) of the OHS Act (please refer to Oct 7, 2012)
Status:
All charges were withdrawn May 1, 2017.

Show Answer Charged is: Strategic Oil & Gas Ltd.; Dale’s Trucking Inc.; 1564132 Alberta Ltd.

Date charges laid:
September 24, 2014
Date of alleged offence:
September 28, 2012
Description:
A worker was connecting sump piping from a sleeper shack on a drilling site to a septic life pump when he was fatally injured.
Contravention:

Strategic Oil & Gas Ltd.

  • AB OHS Act Section 3 – Prime Contractor
  • AB OHS Act Section 2(1)(a)(i) – Obligations of Employers (to their own workers)
  • AB OHS Act Section 2(1)(a)(ii) – Obligations of Employers (to other workers at the work site)
  • AB OHS Code Section 7 – Hazard Assessment

Dale’s Trucking Inc.

  • AB OHS Act Section 2(2) – Worker Obligations
  • AB OHS Act 2(3) – Supplier Obligations

1564132 Alberta Ltd.

  • AB OHS Act Section 2(1)(a)(i) – Obligations of Employers (to their own workers)
  • AB OHS Act Section 2(1)(a)(ii) – Obligations of Employers (to other workers at the work site)
  • AB OHS Code Section 7 – Hazard Assessment
Status:
All charges stayed on April 20, 2015.

Show Answer Charged is: CWC Well Services Corp.

Date charges laid:
August 15, 2014
Location of alleged offence:
Wainwright
Date of alleged offence:
September 9, 2012
Type:
Serious Injury
Description:
A worker seriously injured when he fell down the stairs accessing the rig floor on a service rig. He was attempting to avoid falling equipment.
Contravention:
CWC Energy Services Corp. was charged with 3 counts:
  • Section 2(1)(a)(i) of the Occupational Health and Safety Act, R.S.A 2000, Chapter O-2, as amended.
  • Section 7(4) of the Occupational Health and Safety Code 2009, as adopted by the Occupational Health and Safety Code Order, Alberta Regulation 87/2009 pursuant to the Occupational Health and Safety Act, R.S.A. 2000, Chapter 0-2, as amended.
  • Section 189 of the Occupational Health and Safety Code 2009, as adopted by the Occupational Health and Safety Code Order, Alberta Regulation 87/2009 pursuant to the Occupational Health and Safety Act, R.S.A. 2000, Chapter 0-2, as amended.
Status:
CWC Well Services Corp. was acquitted on all counts June 6, 2016

Show Answer Charged is: United Rentals of Canada, Inc.

Date charges laid:
June 26, 2014
Date of alleged offence:
June 29, 2012
Description:
A truck driver went to the aid of a skid steer operator when the cab door of the loader that he was operating dislodged from the door support tracks and fell on top of the loader operator. The bucket was raised at the time. As the truck driver reached in to assist the loader operator, the bucket fell, crushing the truck driver underneath the bucket and between the right bucket boom arm and the cab of the loader.
Contravention:
United Rentals of Canada was charged with one count:
  • Section 2(3) of the Occupational Health and Safety Act
Status:
Charges were withdrawn May 25, 2016.

2013

Show Answer Charged is: Ensign Drilling Inc., Ensign Drilling Partnership, Ensign Drilling Inc., operating as Ensign Canadian Drilling, Ensign Drilling Inc. and Artisan Corporation, carrying on business under the firm name and style of Ensign Drilling Partnership and Artisan Corporation AND Encana Corporation

Date charges laid:
December 17, 2013
Date of alleged offence:
December 26, 2011
Description:
A Leasehand and a Floorhand were on the rig floor measuring a drill pipe when the Leasehand fell down the V-door landing on the catwalk and seriously injured himself.
Contravention:

Ensign Drilling Inc., Ensign Drilling Partnership, Ensign Drilling Inc., operating as Ensign Canadian Drilling, Ensign Drilling Inc. and Artisan Corporation, carrying on business under the firm name and style of Ensign Drilling Partnership and Artisan Corporation were charged with 4 counts each:

  • Section 2(1)(a)(i) of the Occupational Health and Safety Act
  • Section 185 of the Occupational Health and Safety Code
  • Section 139(a) of the Occupational Health and Safety Code
  • Section 140(1) of the Occupational Health and Safety Code

Encana Corporation was charged was 1 count:

  • Section 2(5) of the Occupational Health and Safety Act
Status:
All charges withdrawn on April 27, 2015.

Show Answer Charged is: Gasfrac Services GP Inc., Isolation Equipment Services Inc., Husky Oil Operations Limited

Date charges laid:
March 6, 2013
Date of alleged offence:
March 7, 2011
Description:
Two workers were seriously injured, while several other workers sustained minor injuries when propane and other fluids escaped from a well bore and a flash fire occurred.
Contravention:

Husky Oil Operations was charged with 9 counts:

  • Section 2(1)(a)(ii) of the Occupational Health and Safety Act
  • Section 2(5) of the Occupational Health and Safety Act
  • Section 3(3) of the Occupational Health and Safety Act
  • Section 7(1) of the Occupational Health and Safety Code
  • Section 7(4) of the Occupational Health and Safety Code
  • Section 162.1(1)(a) of the Occupational Health and Safety Code
  • Section 162.1(1)(b) of the Occupational Health and Safety Code
  • Section 162.1(1)(d) of the Occupational Health and Safety Code
  • Section 165(3)(a) of the Occupational Health and Safety Code

Gasfrac Services GP Inc was charged with 7 counts:

  • Section 2(1)(a)(ii) of the Occupational Health and Safety Act
  • Section 7(1) of the Occupational Health and Safety Code
  • Section 7(4) of the Occupational Health and Safety Code
  • Section 162.1(1)(a) of the Occupational Health and Safety Code
  • Section 162.1(1)(b) of the Occupational Health and Safety Code
  • Section 162.1(1)(d) of the Occupational Health and Safety Code
  • Section 165 (3)(a) of the Occupational Health and Safety Code

Isolation Equipment Services Inc. was charged with 3 counts:

  • Section 2(1)(a)(ii) of the Occupational Health and Safety Act
  • Section 7(1) of the Occupational Health and Safety Code
  • Section 7(4) of the Occupational Health and Safety Code
Status:
Charges withdrawn. Case closed March 16, 2015.

2012

Show Answer Charged is: Weatherford Canada Partnership, Weatherford Artificial Lift Systems Canada Ltd., Weatherford Canada Ltd., and Precision Energy Services ULC

Date charges laid:
December 14, 2012
Date of alleged offence:
January 14, 2011
Description:
Workers were in the process of fishing out a logging tool string which had become stuck in a wellbore. One worker was seriously injured when a wire rope sling failed. The sling and pieces of equipment fell, striking the worker.
Contravention:
Weatherford Canada Partnership, Weatherford Artificial Lift Systems Canada Ltd., Weatherford Canada Ltd. And Precision Energy Services ULC, all carrying on business under the name and style of Weatherford Canada Partnership were charged with 4 counts:
  • Section 2(1)(a)(i) Occupational Health and Safety Act
  • Section 2(1)(a)(ii) Occupational Health and Safety Act
  • Section 13(2) Occupational Health and Safety Regulation
  • Section 9(1) Occupational Health and Safety Code
Status:
Charges were stayed on May 16, 2014.

Show Answer Charged is: Precision Drilling Corporation, Precision Drilling Canada Limited Partnership, Precision Diversified Oilfield Services Corp and, Precision Diversified Oilfield Services Corp and Precision Drilling Corporation Operating as Precision Drilling, A Division of Precision Drilling Canada Limited

Date charges laid:
November 16, 2012
Date of alleged offence:
December 12, 2010
Description:
A worker was fatally injured on a drilling rig when he was struck by rotating equipment.
Contravention:
Precision Drilling Corporation, Precision Drilling Canada Limited Partnership, Precision Diversified Oilfield Services Corp And, Precision Diversified Oilfield Services Corp and Precision Drilling Corporation Operating as Precision Drilling, A Division of Precision Drilling Canada Limited Partnership were charged with two counts:
  • Section 2(1)(a)(i) of the Occupational Health and Safety Act
  • Section 9(1) of the Occupational Health and Safety Code
Status:
Appeal set for June 16 and 17, 2016.

Show Answer Charged is: Road Train Oilfield Transport Ltd.

Date charges laid:
September 19, 2012
Date of alleged offence:
September 24, 2010
Description:
A worker received fatal injuries when, during the winching of a well testing trailer onto the 5th wheel hitch of a winch truck, the winch cable and tail chain recoiled and struck the worker.
Contravention:
Road Train Oilfield Transport Ltd. is charged with two counts:
  • Section 2(1)(a)(i) of the Occupational Health and Safety Act
  • Section 310(2)(g) of the Occupational Health and Safety Code
Status:
Charges were stayed on March 25, 2013.

Show Answer Charged is: Myshak Crane and Rigging Ltd, Myshak Sales and Rentals Ltd.

Date charges laid:
May 4, 2012
Date of alleged offence:
June 10, 2010
Description:
A worker was fatally injured when a large metal cabinet fell on him from the rear of a tractor trailer van.
Contravention:

Myshak Crane and Rigging Ltd. was charged with two counts:

  • Section 2(1)(a)(i) of the OHS Act
  • Section 189 of the OHS Code

Myshak Sales and Rentals Ltd. was charged with two counts:

  • Section 2(1)(a)(i) of the OHS Act
  • Section 189 of the OHS Code
Status:
Both companies were acquitted on all charges after trial on November 15, 2013.

Show Answer Charged is: Dibco Underground Limited

Date charges laid:
May 4, 2012
Date of alleged offence:
May 5, 2010
Description:
A worker was seriously injured when he was pinned between a loaded bucket and the deck of a boom truck.
Contravention:
Dibco Underground Ltd. is charged with three counts:
  • Section 2(1)(a)(i) of the Occupational Health and Safety Act
  • Section 70(1)(a) of the Occupational Health and Safety Code
  • Section 189 of the Occupational Health and Safety Code
Status:
Charges were stayed on November 13, 2013.

2011

Show Answer Charged is: Bayview Constructors Inc.

Date charges laid:
October 14, 2011
Date of alleged offence:
November 18, 2009
Description:
Two workers were performing cleanup work on the second level of a school under renovation. One worker stepped back to avoid the dust being generated by the cleanup work and fell almost 4 metres through a partially covered floor opening.
Contravention:

Bayview Constructors Inc. was charged with two counts:

  • Section 2(1)(a)(i) of the OHS Act
  • Section 314(3)(a) of the OHS Code
Status:
Charges were stayed on February 21, 2013.

2010

Show Answer Charged is: Encana Corporation

Date charges laid:
October 1, 2010
Date of alleged offence:
October 3, 2008
Description:
A worker was at a natural gas separator/compressor facility when he was struck on the head and fatally injured by an unsecured discharge pipe.
Contravention:

Encana Corporation was charged with five counts:

  • Section 2(1)(a)(i) of the OHS Act
  • Section 2(1)(a)(ii) of the OHS Act
  • Section 2(5) of the OHS Act
  • Section 3(3) of the OHS Act
  • Section 189 of the OHS Code
Status:
Charges against Encana Corporate were stayed on November 20, 2012

Show Answer Charged is: Precision Drilling Corporation

Date charges laid:
July 12, 2010
Date of alleged offence:
July 14, 2008
Description:
A floorhand was seriously injured when he was working on a slant service rig. A power tong was dislodged from the tong cart while a tubing string was being lowered into an oil well. The power tong fell and landed on the worker’s leg.
Contravention:

Precision Drilling Corporation was charged with three counts:

  • Section 2(1)(a)(i) of the OHS Act
  • Section 774(b) of the OHS Code
  • Section 189 of the OHS Code
Status:
Charges against Precision Drilling Corporation were stayed on December 9, 2011.

2009

Show Answer Charged is:  Procrane Inc. Operating as Sterling Crane and Nabors Drilling Limited 

Date charges laid:
February 23, 2009
Date of alleged offence:
February 27, 2007
Description:
A load from a crane fell and fatally injured a worker in Calgary.
Contravention:

Procrane Inc. operating as Sterling Crane and Nabors Drilling Limited were charged with two counts:

  • Section 2(1)(a)(i) of the OHS Act
  • Section 189 of the OHS Code

Nabors Drilling Limited was also charged with one additional count:

  • Section 3(3) of the OHS Act
Status:
Charges stayed against Nabors Drilling Ltd. in September 2010, prior to the trial. Sterling Crane found not guilty on both counts January 26, 2011.

2008

Show Answer Charged is:  936923 Alberta Ltd., 936923 Alberta Ltd. o/a Avalon Master Builder and GNH Construction Ltd. 

Date charges laid:
October 8, 2008
Date of alleged offence:
October 12, 2006
Description:
A worker fell approximately 5.80 metres through the stairwell openings and landed in the basement in Airdrie.
Contravention:

936923 Alberta Ltd was charged with one count:

  • Section 3(3) of the OHS Act

936923 Alberta Ltd o/a Avalon Master Builder was charged with two counts:

  • Section 2(1)(a)(ii) of the OHS Act
  • Section 2(5) of the OHS Act

GNH Construction Ltd was charged with two counts:

  • Section 2(5) of the OHS Act
  • Section 2(1)(a)(ii) of the OHS Act
Status:
Charges stayed against Avalon Master Builder, GNH Construction and 936923 Alberta Ltd., on January 27, 2011.

Show Answer Charged is: Begg Industrial

Date charges laid:
May 9, 2008
Date of alleged offence:
May 10, 2006
Description:
A worker fell an undetermined height striking the back of his head onto a wash bay concrete floor and sustained serious head injuries at the J. H. Begg Construction Ltd. truck washing facility in Edson.
Contravention:
  • Section 18(1) of the OHS Act
Status:
Charges Dismissed November 27, 2008
Appeal filed December 22, 2008
Stay of Proceedings March 13, 2009

Show Answer Charged is: Nexen Inc.

Date charges laid:
April 9, 2008
Date of alleged offence:
April 10, 2006
Description:
A worker on a drilling rig had his left hand amputated while up in the rig’s derrick.
Contravention:

Nexen Inc. was charged with two counts:

  • Section 3(3) of the OHS Act
  • Section 2(5) of the OHS Act
Status:
Stay of Proceedings November 14, 2008

Show Answer Charged is: Northern Forage

Date charges laid:
Date of alleged offence:
January 6, 2004
Description:
Worker fell head first into a hay bale de-stacking machine.
Contravention:
  • Section 2(1)(a)(i) of the OHS Act
  • Section 37(1)(a) of the OHS Act
Status:
Stay of Proceedings March 13, 2009

2007

Show Answer Charged is: Precision Drilling Corporation and Celtic Exploration Ltd.

Date charges laid:
August 8, 2007
Date of alleged offence:
August 9, 2005
Description:
A worker was fatally injured and two workers were injured by an explosion at the well site near Brooks.
Contravention:

Precision Drilling Corporation was charged with five counts:

  • Section 2(1)(a)(i) of the OHS Act
  • Section 2(1)(a)(ii) of the OHS Act
  • Section 13(2) of the OHS Regulation
  • Section 7(1) of the OHS Code
  • Section 163(1) of the OHS Code pursuant to the OHS Act

Celtic Exploration Ltd. was charged with one count:

  • Section 3(3) of the OHS Act
Status:
Stay of Proceedings September 14, 2009
Created:
Modified: 2017-09-13
PID: 6829