Charges under the Occupational Health and Safety Act

Charges under the Occupational Health and Safety Act

List of alleged violation of OHS law yet to be proven in court.

The following cases are allegations yet to be proven in court. Please check with local courts as dates are subject to change at any time. Should charges be withdrawn or the individual, company or municipality charged be acquitted or found not guilty, the webpage will be updated to reflect that information. For more information, please contact the Communications Branch.

2017

Show Answer Charged is: Bluebird Contracting Services Ltd.

Date charges laid:
October 10, 2017
Location of alleged offence:
Calgary
Date of alleged offence:
October 23, 2015
Type:
Fatality
Description:
Two workers were preparing a concrete manhole cylinder for installation.  While operating an excavator, the operator struck one of the workers who was nearby. The worker was pinned between the counterweight of the excavator and the manhole cylinder and was fatally injured.
Contravention:
Bluebird Contracting Services Ltd. was charged with 6 counts:
  • Section 2(1)(a)(i) of the Occupational Health and Safety (OHS) Act, failure to ensure the health and safety of a worker engaged in the work of that employer.
  • Section 13(1) of the OHS Regulation, failure to ensure that work that may endanger a worker was done by a worker who was competent to do the work or was working under the direct supervision of a worker who was competent to do the work.
  • Section 13(2) of the OHS Regulation, failure to ensure that a worker affected by the employer’s measures respecting the safe operation of powered mobile equipment, was familiar with the measures before the work began.
  • Section 15(1) of the OHS Regulation, failure to ensure that a worker, engaged in the work of that employer, was trained in the safe operation of equipment the worker was required to operate.
  • Section 258(1)(a) of the OHS Code, permitting a worker to remain within range of a moving part of powered mobile equipment that created a danger to workers.
  • Section 258(3) of the OHS Code, failure to restrict entry by workers to an area where a worker could be caught between a moving part of a unit of powered mobile equipment and another object or requiring workers to maintain a clearance distance of at least 600 millimetres between the powered mobile equipment and the object.

Mark Dumont was charged with 5 counts:
  • Section 2(2)(a) of the OHS Act, being a worker engaged in an occupation, failed to protect the health and safety of another worker present while the worker was working.
  • Section 256(1)(b) of the OHS Code, operating equipment, without having demonstrated competency in operating the equipment to a competent worker designated by the employer.
  • Section 256(3)(b) of the OHS Code, failure to operate powered mobile equipment safely.
  • Section 257(4) of the OHS Code, failure, before operating powered mobile equipment, to complete a visual inspection of the equipment and surrounding area to ensure that the equipment was in safe operating condition and that no worker was endangered when the equipment was started up.
  • Section 258(1)(b) of the OHS Code, while operating powered mobile equipment, moved the equipment when that movement created a danger to another worker.

Show Answer Charged is: 1132734 Alberta Ltd. operating as Alta Injections Molding, Alta Machining & Mold Design, L & L Tool and Injection

Date charges laid:
August 29, 2017
Location of alleged offence:
Airdrie
Date of alleged offence:
September 14, 2015
Type:
Reportable Incident
Description:
A worker was attempting to unblock hardening plastic from a processing machine when built up pressure resulted in an explosion of molten plastic covering the workers face, hands and forearms. Worker was transported to hospital with serious injuries.
Contravention:
1132734 Alberta Ltd. operating as Alta Injections Molding, Alta Machining & Mold Design, and as L & L Tool and Injection were charged with 5 counts:
  • Section 2(1)(a)(i) of the Occupational Health and Safety (OHS) Act , failure to ensure the health and safety of a worker engaged in the work of that employer.
  • Section 212(1) of the OHS Code, failure to ensure that workers did not perform repair work on machinery until the machinery had come to a complete stop and was isolated by activating an energy-isolating device and the energy-isolating device was secured in accordance with section 214, 215, or 215.1 as designated by the employer.
  • Section 12(d) of the OHS Code, failure to ensure equipment and supplies were installed, assembled, operated, adjusted, repaired, etc. in accordance with the manufacturer`s specification or specifications certified by a professional engineer.
  • Section 7(4)(a) of the OHS Code, failure to ensure that a hazard assessment was repeated at intervals to prevent the development of unsafe and unhealthy working conditions.
  • Section 7(1) of the OHS Regulations, failure to ensure that workers responsible for work were familiar with manufacturer`s specifications or specifications certified by a professional engineer and that the specifications were readily available to the workers.

Show Answer Charged is: D & J Isley & Sons Contracting Ltd.

Date charges laid:
July 14, 2017
Location of alleged offence:
Grande Prairie
Date of alleged offence:
August 7, 2015
Type:
Reportable Incident
Description:
An equipment operator and a second worker were travelling to their work site in an all-terrain vehicle when it stalled on a sloped road. The vehicle began to roll downhill and the brakes did not work so the equipment operator steered the vehicle into a washout ditch. The two workers were injured in the accident.
Contravention:
D & J Isley & Sons Contracting Ltd. was charged with 12 counts:
  • Section 2(1)(a)(i) of the Occupational Health and Safety (OHS) Act, failure to ensure the health and safety of worker 1.
  • Section 2(1)(a)(i) of the OHS Act, failure to ensure the health and safety of worker 2.
  • Section 12(1)(a) of the OHS Regulation, failure to ensure equipment used at a work site was maintained in a condition that would not compromise the safety of workers using or transporting it.
  • Section 12(1)(b) of the OHS Regulation, failure to ensure equipment used at a work site would safely perform the function for which it was intended or designed.
  • Section 12(1)(d) of the OHS Regulation, failure to ensure equipment used at a work site was free from obvious defects.
  • Section 15(1) of OHS Regulation, failure to ensure that worker 1 was trained in the safe operation of the equipment worker 1 was required to operate.
  • Section 7(4)(a) of the OHS Code, being an employer, failed to repeat its assessment of its work site to identify hazards at intervals to prevent the development of unsafe working conditions.
  • Section 9(1) of the OHS Code, being an employer where an existing or potential hazard to workers was identified during a hazard assessment, failed to take measures to eliminate or control the hazard.
  • Section 12(d) of the OHS Code, failure to ensure equipment was operated, handled or serviced in accordance with the manufacturer’s specifications.
  • Section 260(3)(a) of the OHS Code, being an employer where an inspection (under Section 260(1) of the OHS Code) of powered mobile equipment had indicated that the equipment was hazardous or potentially hazardous, failed to ensure the health and safety of workers who may be exposed to the danger were protected immediately.
  • Section 260(3)(b) of the OHS Code, being an employer where an inspection (under Section 260(1) of the OHS Code) of powered mobile equipment had indicated the equipment was hazardous or potentially hazardous, failed to ensure that the equipment was not operated until the defect was repaired.
  • Section 260(3)(c) of the OHS Code, being an employer where an inspection (under Section 260(1) of the OHS Code) of powered mobile equipment, had indicated that it was hazardous or potentially hazardous, failed to ensure the defect was repaired.

Show Answer Charged is: Nelson Lumber Company Ltd., operating as Kilian Industries

Date charges laid:
July 10, 2017
Location of alleged offence:
Morinville
Date of alleged offence:
July 14, 2015
Type:
Reportable Incident
Description:
A worker was using a pull saw to cut some pieces of lumber when the worker’s hand came into contact with the saw blade, causing a serious injury.
Contravention:
Nelson Lumber Company Ltd., operating as Kilian Industries, was charged with 8 counts: 
  • Section 2 (1) (a) (i) of the Occupational Health and Safety (OHS) Act, failure to ensure the health and safety of a worker.
  • Section 13 (1) (a) of Alberta Regulation, failure to ensure that work was done by a competent worker if the work may endanger a worker.
  • Section 13 (1)(b) of the Alberta Regulation failure to ensure where work was done that may endanger a worker, that the worker was working under the direct supervision of a competent worker.
  • Section 15 (1) of the Alberta Regulation, failure to ensure that a worker was trained in the safe operation of the equipment worker was required to operate.
  • Section 12 (d) of the OHS Code, failure to ensure that equipment was operated or handled in accordance with manufacturer’s specifications or specifications certified by a Professional Engineer.
  • Section 310 (2) (a) of the OHS Code, failure to provide safeguards to protect a worker from accidentally coming in to contact with moving parts of machinery.
  • Section 310 (2)(b) of the OHS Code, failure to provide  safeguards to protect a worker from accidentally coming in to contact with points of machinery or equipment at which material is cut.
  • Section 310 (2)(h) of the OHS Code, failure to provide  safeguards to protect a worker from accidentally coming in to contact with a hazard.

Show Answer Charged is: Goldec  Hamms Manufacturing Ltd., Roy Schmidt

Date charges laid:
July 4, 2017
Location of alleged offence:
Red Deer
Date of alleged offence:
August 11, 2015
Type:
Reportable Incident
Description:
A worker was welding a stud onto a hydraulic tank; the tank had been cleaned with a solvent.  A flash fire occurred causing serious injuries to the worker.
Contravention:
Goldec Hamm’s Manufacturing Ltd. was charged with 6 counts:
  • Section 2(1)(a)(i)of the Occupational Health and Safety (OHS) Act, failure to ensure the health and safety of a worker.
  • Section 7(4) of the OHS Code, failure to assess its work site and identify existing or potential hazards when a new work process was introduced or a work process was changed.
  • Section 12(d) of the OHS Code, failure to ensure welding equipment and/or a brake parts cleaner was operated or handled in accordance with manufacturer’s specifications.
  • Section 169(1) of the OHS code, being an employer, where the work area was not normally a hazardous location but an explosive atmosphere may have existed for a limited time as set out in section 169(1)(b) of the OHS Code, failed to ensure hot work, welding and /or grinding, was done in accordance with sections 169(2) and 169(3) of the OHS Code, contrary to Section 169(1) of the OHS code.
  • Section 171.1(1) of the OHS Code, failure to comply with requirements of CSA standard W117.2-06, safety in welding, cutting and allied processes.
  • Section 171.1(3) of the OHS Code, failure to inspect the surrounding area before welding began to ensure all flammable material, gas or vapor was removed or alternative methods of rendering the area safe were implemented.

Roy Schmidt was charged with 1 count:
  • Section 2(2)(a) of the OHS Act, being a worker engaged in an occupation, failed to protect the health and safety of another worker.

Show Answer Charged is: CMR Fabricators Ltd.

Date charges laid:
June 27, 2017
Location of alleged offence:
Penhold
Date of alleged offence:
June 30, 2015
Type:
Reportable Incident
Description:
A worker suffered serious injuries while attempting to manually roll a pipe being supported by 2 pipe stands. The pipe fell from one of the stands and landed on the worker’s leg.
Contravention:
CMR Fabricators Ltd. was charged with 12 counts:
  • Section 2(1) (a) (i) of the Occupational Health and Safety (OHS) Act, failure to ensure the health and safety of a worker.
  • Section 15(1) of Alberta Regulation, failure to ensure that its workers were trained in the safe operation of the equipment they were required to operate, to wit: pipe stands.
  • Section 12(1) (b) of Alberta Regulation, failure to ensure that all equipment used at a work site would safely perform the function for which it was intended.
  • Section 12(1) (c) of Alberta Regulation, failure to ensure that all equipment used at a work site was of adequate strength for its purpose.
  • Section 12(a) of the OHS Code, failure to ensure that the equipment was sufficient to withstand the stresses imposed on it during its operation and to perform the function for which it was designed.
  • Section 12(b) of the OHS Code, failure to ensure that the rated capacity or other limitations on the operation of the equipment were not exceeded.
  • Section 13(1) (a) of Alberta Regulation, failure to ensure that a worker was competent to do work that may endanger worker’s safety.
  • Section 7(1) (a) of Alberta Regulation, failure to ensure that workers responsible for work were familiar with the specifications to be done in accordance with manufacturer's specifications or specifications certified by a professional engineer.
  • Section 7(1) (b) of Alberta Regulation, failure to ensure manufacturer's specifications or specifications certified by a professional engineer were readily available to the workers responsible for the work.
  • Section 189 of the OHS Code, failure to ensure that equipment or material to be moved, was contained, restrained or protected to eliminate potential danger to workers.
  • Section 208(1) of the OHS Code failure to provide appropriate equipment for lifting, lowering, pushing, pulling, carrying, handling or transporting of heavy or awkward loads.
  • Section 210(1) of the OHS Code, failure to perform a hazard assessment before a worker manually handles or transports a load that could injure the worker considering: (a) weight of the load; (b) size of the load; (c) shape of the load; (d) number of times the load would be moved; and (e) manner in which the load would be moved.

Show Answer Charged is: Goodmen Roofing Ltd.

Date charges laid:
June 19, 2017
Location of alleged offence:
Red Deer
Date of alleged offence:
July 9, 2015
Type:
Reportable Incident
Description:
Three workers were throwing roofing material from the top of a commercial roofing project (school) when a worker was struck in the leg with the material.  This caused the worker to lose balance and fall to the ground sustaining multiple injuries.
Contravention:
Goodmen Roofing Ltd. was charged with 4 counts:
  • Section 2(1)(a)(i) of the Occupational Health and Safety (OHS) Act, failure to ensure the health and safety of a worker.
  • Section 139 (1) of the OHS Code, failure to ensure workers used a fall protection system at a temporary work area where a worker could fall 3 metres or more.
  • Section 140(1) of the OHS Code, failure to develop procedures in a fall protection plan where a worker at a work site could fall 3 metres or more and was not protected by guardrails.
  • Section 314(2) of the OHS Code, failure to ensure a temporary cover or other means of protection replaced a removed cover, guardrail or toe board.

Show Answer Charged is: APM Construction Services Inc., Ground Zero Grading Inc., Jerry Arbeau, Andrew Pacaud

Date charges laid:
June 19, 2017
Location of alleged offence:
Canmore
Date of alleged offence:
June 26, 2015
Type:
Reportable Incident
Description:
A contractor was excavating for footings and foundations at a new development site and struck a gas main.  This resulted in an explosion which destroyed one home and damaged several others.  No workers were injured. One worker was taken to the hospital as a precautionary measure.
Contravention:
APM Construction Service Inc. was charged with 7 counts:
  • Section 2(1) of the Occupational Health and Safety (OHS) Act, failure to ensure the health and safety of a worker.
  • Section 2(5) of the OHS Act, being a contractor who directed the activities of an employer at a worksite, failed to ensure the employer complied with this Act, the regulations and the adopted code.
  • Section 7(5) of the OHS Code, being a prime contractor, failed to ensure an employer on a work site was made aware of any existing or potential work site hazards.
  • Section 9(1) of the OHS Code, being an employer, failed to eliminate or control a hazard.
  • Section 10(1)(a) of the OHS Code, failure to ensure that where emergency action was required to control or eliminate a hazard that was dangerous to the health or safety of workers, only those workers competent in correcting the condition, and the minimum number necessary to correct the condition, could be exposed to the hazard.
  • Section 447(3) of the OHS Code, failure to ensure locate marks for buried or concrete-embedded facilities were re-established if activities at the work site moved or destroyed the locate marks.
  • Section 448(1) of the OHS Code, failure to ensure that work with mechanical excavation equipment was not permitted within the hand expose zone of a buried facility until the buried facility had been exposed to sight by hand-digging or a non-destructive technique acceptable to the owner of the buried facility.

Ground Zero Grading Inc. was charged with 6 counts:
  • Section 2(1) of the OHS Act, being an employer, failed to ensure the health and safety of a worker.
  • Section 9(1) of the OHS Code, being an employer, failed to eliminate or control a hazard.
  • Section 10(1)(a) of the OHS Code, failure to ensure that where emergency action was required to control or eliminate a hazard that was dangerous to the health or safety of workers, only those workers competent in correcting the condition, and the minimum number necessary to correct the condition, could be exposed to the hazard.
  • Section 447(2) of the OHS Code, failure to ensure that workers were aware of locate marks for buried or concrete-embedded facilities.
  • Section 447(3) of the OHS Code, failure to ensure locate marks for buried or concrete-embedded facilities were re-established if activities at the work site moved or destroyed the locate marks.
  • Section 448(1) of the OHS Code, failure to ensure that work with mechanical excavation equipment was not permitted within the hand expose zone of a buried facility until the buried facility had been exposed to sight by hand-digging or a non-destructive technique acceptable to the owner of the buried facility.

Jerry Arbeau was charged with 1 count:
  • Section 2(2)(a) of the OHS Act, while engaged in an occupation, failed to protect the health and safety of other workers present while the worker was working.

Andrew Pacaud was charged with 1 count:
  • Section 2(2)(a) of the OHS Act, while engaged in an occupation, failed to protect the health and safety of other workers present while the worker was working.

Show Answer Charged is: City of Edmonton and Bohdan Kachmar

Date charges laid:
May 25, 2017
Location of alleged offence:
Edmonton
Date of alleged offence:
June 6, 2015
Type:
Reportable Incident
Description:
A bin truck driver employed by the City of Edmonton, parked a truck in a designated location inside a waste management facility and walked to the rear of the truck to unlock the bin tail gate. A second City of Edmonton worker operating a front end loader drove into the bin truck. The bin truck driver’s arm was pinned between the bin and the front end loader bucket causing a severe crush injury.
Contravention:
City of Edmonton was charged with 8 counts:
  • Section 2(1)(a)(i) of the Occupational Health and Safety Act, failure to ensure the health and safety a worker.
  • Section 7(4) of the Occupational Health and Safety Code, failure to assess its work site and identify hazards when a new work process was introduced or changed at the work site.
  • Section 9(1) of the Occupational Health and Safety Code, where an existing or potential hazard to workers was identified during a hazard assessment, failed to eliminate or control the hazard.
  • Section 194(1) of the Occupational Health and Safety Code, failure to ensure vehicle traffic was controlled at a work site that was potentially dangerous to a worker on foot or in a vehicle.
  • Section 258(1)(a) of the Occupational Health and Safety Code, permitted a worker to remain within the range of a moving load or any part of powered mobile equipment that created a danger to a worker.
  • Section 259 of the Occupational Health and Safety Code, failure to ensure that walkways were designated that separated pedestrian traffic from areas where powered mobile equipment was operating and that a worker used designated walkway or that safe work procedures were used to protect a worker who entered such an area.
  • Section 266(8) of the Occupational Health and Safety Code, failure to ensure that powered mobile equipment had an effective means of warning a worker of the presence, general dimensions and movement of the equipment.
  • Section 267(1) of the Occupational Health and Safety Code, where the view of the path of travel of powered mobile equipment by its operator was obstructed or could not be seen directly or indirectly in a direction, failed to ensure that the equipment had a device or system contemplated in Section 267(1).

Bohdan Kachmar was charged with 2 counts:
  • Section 2(2) (a) of the Occupational Health and Safety Act, being a worker, failed to protect the health and safety of another worker.
  • Section 258(1) of the Occupational Health and Safety Code, being an operator of powered mobile equipment where the movement of a load or any part of powered mobile equipment created a danger to a another worker, moved the load and/or the equipment where the worker was exposed to the danger.

Show Answer Charged is: Tri-Line Contracting Services Ltd. and Dale Gour

Date charges laid:
April 24, 2017
Location of alleged offence:
Wanham
Date of alleged offence:
April 28, 2015
Type:
Serious Incident
Description:
Two workers, with a construction crew, were standing at the bottom of an excavation replacing a cement man hole base. One worker was crushed by the base when it inadvertently released from the lift assembly it was attached to as it was being lifted out of the excavation. The worker received multiple serious injuries as a result of the incident.
Contravention:
TRI-LINE CONTRACTING SERVICES LTD. was charged with 7 counts:
  • Section 2(1)(a)(i) of the Occupational Health and Safety Act, failure to ensure the health and safety of a worker.
  • Section 450(1) of the Occupational Health and Safety Code, failure to ensure that the workers were protected from cave-ins or sliding, or rolling materials.
  • Section 294 of the Occupational Health and Safety Code, failure to inspect rigging prior to use to ensure it was functional and safe.
  • Section 293(1) of the Occupational Health and Safety Code, failure to ensure the maximum load rating of the rigging was legibly and conspicuously marked on the rigging.
  • Section 292(1)(b) of the Occupational Health and Safety Code, failure to ensure that the rigging was not subjected to more than specified load.
  • Section 69(1) of the Occupational Health and Safety Code, failure to ensure that the work was arranged so that a load did not pass over workers.
  • Section 189 of the Occupational Health and Safety Code, failure to ensure that equipment or material to be moved was contained, restrained or protected to eliminate potential danger to workers.

DALE GOUR had 3 charges recommended against him:
  • Section 2(2)(a) of the Occupational Health and Safety Act, being a worker with Tri-Line Contracting Services Ltd., did fail to protect the health and safety of other workers present while the workers were working.
  • Section 295 of the Occupational Health and Safety Code, being an employer, used rigging that failed to comply with Part 21 (Section 295) of the Occupational Health and Safety Code
  • Section 189 of the Occupational Health and Safety Code, being a worker, did fail to ensure equipment or material to be moved was contained, restrained or protected to eliminate potential danger to workers.

Show Answer Charged is: River Valley Crushing Ltd.

Date charges laid:
April 21, 2017
Location of alleged offence:
Barrhead
Date of alleged offence:
October 8, 2015
Type:
Reportable Incident
Description:
A worker was in a rock washer fixing the auger when the system energized.  The worker was caught in the auger as it rotated and seriously injured.
Contravention:
River Valley Crushing Ltd. was charged with 6 counts:
  • Section 2(1)(a)(i) of the Occupational Health and Safety Act, failure to ensure the health and safety of a worker (worker 1).
  • Section 13(4) of Occupational Health and Safety Regulation, failure to ensure worker 1 performed a duty imposed by Occupational Health and Safety Code Section 213 verifying isolation.
  • Section 13(4) of Occupational Health and Safety Regulation, failure to ensure worker 2 performed a duty imposed by Occupational Health and Safety Code Section 213 verifying isolation.
  • Section 212 of the Occupational Health and Safety Code, failure to ensure that if machinery or equipment was to be serviced, repaired, tested, adjusted or inspected, that no worker performed such work on the machinery or equipment until it had come to a complete stop, and all hazardous energy at the location was isolated by activation of an energy-isolating device and the energy-isolating device was secured in accordance with Section 214, 215 or 215.1 as designated by the employer or the machinery or equipment was otherwise rendered inoperative in a manner that prevented its accidental activation and provided equal or greater protection than the protection afforded under Section 212(1)(a).
  • Section 214(5) of the Occupational Health and Safety Code, failure to ensure that each personal lock used had a unique tag identifying the worker it was assigned to.
  • Section 386(b) of the Occupational Health and Safety Code, failure to ensure an operational control on equipment was suitably identified to indicate the function of the control.

Show Answer Charged is: McNabb Construction Ltd.

Date charges laid:
April 12, 2017
Location of alleged offence:
Forestburg
Date of alleged offence:
May 1, 2015
Type:
Fatality
Description:
A worker was positioned under a gravel crushing cone liner that was suspended by an overhead crane when an attachment point gave away, fatally crushing the worker.  This was the worker’s third day with this employer.
Contravention:
McNabb Construction Ltd. was charged with 13 counts:
  • Section 2(1)(a)(i) of the Occupational Health and Safety Act, failure to ensure the health and safety of a worker.
  • Section 12(1) of the Occupational Health and Safety Regulation, failure to ensure that equipment used at a work site would safely perform the function for which it was intended.
  • Section 13(1) of the Occupational Health and Safety Regulation, failure to ensure that work would be done by a competent worker or a worker working under the direct supervision of a competent worker.
  • Section 13(2) of the Occupational Health and Safety Regulation, failure to ensure that a worker was familiar with a work procedure before the work began.
  • Section 15(1) of the Occupational Health and Safety Regulation, failure to ensure a worker was trained in the safe operation of the equipment the worker was required to operate.
  • Section 7(1) of the Occupational Health and Safety Code, failure to assess the work site to identify hazards before work began at the work site.
  • Section 7(2) of the Occupational Health and Safety Code, failure to prepare a report of the results of a hazard assessment and the methods used to control or eliminate the hazards identified.
  • Section 7(4) of the Occupational Health and Safety Code, failure to assess the work site and identify existing or potential hazards when a new work process was introduced or changed at the work site.
  • Section 8(2) of the Occupational Health and Safety Code, failure to ensure that a worker was informed of the hazards and methods used to control or eliminate the hazards.
  • Section 12(d) of the Occupational Health and Safety Code, failure to ensure that equipment was installed, operated, handled or serviced in accordance with the manufacturer’s specifications.
  • Section 171.1(1) of the Occupational Health and Safety Code, failure to comply with the requirements of CSA Standard W117.2 - 06, Safety in welding, cutting and allied processes.
  • Section 189 of the Occupational Health and Safety Code, failure to ensure equipment that could be dislodged or moved was contained, restrained or protected to eliminate the potential danger.
  • Section 12(a) of the Occupational Health and Safety Code, failure to ensure that equipment was of sufficient strength and design to perform the function for which it was intended or was designed.

Show Answer Charged is: Technoworx Inc.; Darko Smolcic

Date charges laid:
March 21, 2017
Location of alleged offence:
Calgary
Date of alleged offence:
March 30, 2015
Type:
Reportable Incident
Description:
A worker was using equipment that had the safety interlock system disabled.  This allowed the worker to access the lathe and material while the equipment remained in operation.  The worker was pulled into the machine, when attempting to sand material, and was seriously injured.
Contravention:
Technoworx Inc. was charged with 4 counts:
  • Section 2(1)(a)(i) of the Occupational Health and Safety Act, failure to ensure the health and safety of a worker
  • Section 12(d) of the Occupational Health and Safety Code, failure to ensure equipment and supplies were assembled, erected, operated, etc. in accordance with manufacturer’s specifications 
  • Section 310(2)(a) of the Occupational Health and Safety Code, failure to provide safeguards for moving parts of machinery that a worker might accidentally come into contact with
  • Section 7(2) of the Occupational Health and Safety Code, failure to prepare a report of the results of a hazard assessment and the methods used to control or eliminate the
    hazards identified

Darko SMOLCIC was charged with 1 count:

  • Section 311(2) of the Occupational Health and Safety Code for removing a safeguard or rendering it ineffective when it was not necessary to perform maintenance, etc

Show Answer Charged is: City of Edmonton

Date charges laid:
February 16, 2017
Location of alleged offence:
Edmonton
Date of alleged offence:
April 22, 2015
Type:
Fatality
Description:
A worker was unloading reclaimed street sweepings from a dump truck at the employer's facility. While the worker was at the rear of the truck, the sweepings unexpectedly spilled from the elevated dump box and buried the worker. The worker suffered fatal injuries as a result.
Contravention:
The City of Edmonton was charged with 5 counts:
  • Section 2(1)(a)(i) of the Occupational Health and Safety Act, failure to ensure the health and safety of the worker
  • Section 15(1) of the Occupational Health and Safety Regulation, failure to ensure the worker was trained in the safe operation of equipment
  • Section 115(1) of the Occupational Health and Safety Code, failure to establish an emergency response plan for rescue or evacuation
  • Section 186(1) of the Occupational Health and Safety Code, failure to ensure that the lighting at a work site was sufficient to enable work to be done safely
  • Section 189 of the Occupational Health and Safety Code, failure to ensure that material that could be dislodged, moved or spilled was contained, restrained or protected

Show Answer Charged is: Lockwood Resources Ltd.

Date charges laid:
January 30, 2017
Location of alleged offence:
Entwistle
Date of alleged offence:
February 10, 2015
Type:
Serious Incident
Description:
A process operator was working alone conducting well-head start up duties at a remote well-site location.  The worker was using a lit propane torch to warm components when he opened the door to the separator shack.  An immediate flash fire occurred, causing severe burn injuries to the worker’s hands and face.
Contravention:
Lockwood Resources Ltd. was charged with 1 count:
  • Section 3(3) of the Occupational Health and Safety Act, being a prime contractor, did fail to ensure, as far as it was reasonably practicable to do so, that the occupational health and safety act, the regulations and the adopted code were complied with in respect of the work site.

2016

Show Answer Charged is: Darren Richard Dyck and Rockshore Homes Ltd.

Date charges laid:
November 10, 2016
Location of alleged offence:
Fort Saskatchewan
Date of alleged offence:
November 26, 2014
Type:
Reportable Incident
Description:
A worker fell approximately 5 meters from a second storey work platform while installing a window on a new two-storey single family home. The worker was seriously injured.
Contravention:
Darren Richard Dyck was charged with 12 counts:
  • Section 2(1)(a)(i) of the Occupational Health and Safety Act
  • Section 2(2)(a) of the Occupational Health and Safety Act
  • Section 18(6) of the Occupational Health and Safety Act
  • Section 13(1) of the Occupational Health and Safety Regulation
  • Section 8(2) of the Occupational Health and Safety Code
  • Section 9(1) of the Occupational Health and Safety Code
  • Section 139(1)(a) of the Occupational Health and Safety Code
  • Section 140(1) of the Occupational Health and Safety Code
  • Section 141(1) of the Occupational Health and Safety Code
  • Section 141(3) of the Occupational Health and Safety Code
  • Section 189 of the Occupational Health and Safety Code
  • Section 338(3) of the Occupational Health and Safety Code

Rockshore Homes Ltd. was charged with 3 counts:

  • Section 3(3) of the Occupational Health and Safety Act
  • Section 3(3) of the Occupational Health and Safety Act for failing to establish a system or process to ensure that 1478761 Alberta Ltd. and/or Darren Dyke complied with Sections 8(2), and/or 9(1), and/or 139(1), and/or 140(1), and/or 141, and/or 189, and/or 338(3) of the Occupational Health and Safety Code with respect to the work site.
  • Section 7(5) of the Occupational Health and Safety Code

Show Answer Charged is: McCoy Global Canada Corp.; McCoy Global Canada Corp. O/A McCoy Global Canada; McCoy Global Canada Corp. O/A McCoy Global; McCoy Global Inc. O/A McCoy Global; and McCoy Global Inc

Date charges laid:
December 19, 2016
Location of alleged offence:
Edmonton
Date of alleged offence:
December 22, 2014
Type:
Reportable Incident
Description:
A worker was preparing to remove the drill bit from a radial drill press while it was in a neutral position when the drill inadvertently engaged, catching the front of the worker’s coveralls. The worker was pulled into the drill press causing serious injuries to the worker.
Contravention:
McCoy Global Canada Corp. was charged with 4 counts:
  • Section 310(2) (a) of the Occupational Health and Safety Code
  • Section 13(2) of the Occupational Health and Safety Code
  • Section 12(d) of the Occupational Health and Safety Code 
  • Section 9(1) of the Occupational Health and Safety Code

Show Answer Charged is: WCS Western Canadian Steel Inc.

Date charges laid:
November 21, 2016
Location of alleged offence:
Lloydminster
Date of alleged offence:
December 15, 2014
Type:
Reportable Incident
Description:
A worker was on the roof of a building seaming metal panels when the worker lost footing and slid off of the roof. The worker’s fall protection system failed as a direct result of the anchor point failing. The worker fell 5.5 metres to the ground and sustained serious injuries.
Contravention:
WCS Western Canadian Steel Inc. was charged with 11 counts:
  • Section 2(1)(a)(i) of the Occupational Health and Safety Act
  • Section 13(1) of the Occupational Health and Safety Regulation
  • Section 13(3) of the Occupational Health and Safety Regulation
  • Section 15(1) of the Occupational Health and Safety Regulation
  • Section 9(1) of the Occupational Health And Safety Code
  • Section 12(d) of the Occupational Health and Safety Code
  • Section 139(1)(a) of the Occupational Health And Safety Code
  • Section 140(1) of the Occupational Health and Safety Code
  • Section 141(1) of the Occupational Health and Safety Code
  • Section 152.1(2)(b) of the Occupational Health and Safety Code
  • Section 189 of the Occupational Health and Safety Code

Show Answer Charged is: Northface Mechanical Ltd.

Date charges laid:
October 31, 2016
Location of alleged offence:
Edmonton
Date of alleged offence:
November 10, 2014
Type:
Fatality
Description:
A worker was given direction to service a heating, ventilation, air conditioning (HVAC) unit on the roof of a 2 story commercial building. The worker was found on the ground next to a fixed ladder that was the only external access to the roof. The worker suffered fatal injuries as a result of the incident.
Contravention:
Northface Mechanical Ltd. was charged with 6 counts:
  • Section 2(1)(a)(i) of the Occupational Health and Safety Act
  • Section 18(1) of the Occupational Health and Safety Act
  • Section 18(6) of the Occupational Health and Safety Act
  • Section 41(3) of the Occupational Health and Safety Act
  • Section 7(1) of the Occupational Health and Safety Code
  • Section 394(1) of the Occupational Health and Safety Code

Show Answer Charged is: Haya Homes Ltd., Sahib Contracting Inc., Sukhwinder Nagra

Date charges laid:
September 9, 2016
Location of alleged offence:
Edmonton
Date of alleged offence:
April 28, 2015
Type:
Fatality
Description:
A labourer was in a trench to connect a new sewer line to a residential home under construction when a trench wall collapsed and fatally injured the worker.
Contravention:
Haya Homes Ltd. was charged with 6 counts:
  • Section 3(3) of the Occupational Health and Safety Act
  • Section 443 of the Occupational Health and Safety Code, contrary to Section 3(3) of the Occupational Health and Safety Act
  • Section 2(5) of the Occupational Health and Safety Act
  • Section 443 of the Occupational Health and Safety Code, contrary to Section 2(5) of the Occupational Health and Safety Act
  • Part 32 of the Occupational Health and Safety Code, contrary to Section 2(5) of the Occupational Health and Safety Act
  • Part 32 of the Occupational Health and Safety Code, contrary to Section 3(3) of the Occupational Health and Safety Act
 
Sahib Contracting Inc. was charged with 7 counts:
  • Section 2(1)(a)(i) of the Occupational Health and Safety Act
  • Section 13(1)(a) of the Occupational Health and Safety Regulation
  • Section 7(1) of the Occupational Health and Safety Code
  • Section 443(1)(a) of the Occupational Health and Safety Code
  • Section 446(1) of the Occupational Health and Safety Code
  • Section 446(2) of the Occupational Health and Safety Code
  • Section 453(a) of the Occupational Health and Safety Code
 
Sukhwinder Nagra was charged with 8 counts:
  • Section 2(2)(a) of the Occupational Health and Safety Act
  • Section 14(1) of the Occupational Health and Safety Regulation
  • Section 2(1)(a)(i) of the Occupational Health and Safety Act
  • Section 7(1) of the Occupational Health and Safety Code
  • Section 443(1)(a) of the Occupational Health and Safety Code
  • Section 446(1) of the Occupational Health and Safety Code
  • Section 446(2) of the Occupational Health and Safety Code Order
  • Section 453(a) of the Occupational Health and Safety Code

Show Answer Charged is: 1459885 Alberta Ltd., operating as Marathon Ventilation and Climate Control Ltd.

Date charges laid:
September 1, 2016
Location of alleged offence:
Fort McMurray
Date of alleged offence:
September 24, 2014
Type:
Fatality
Description:
A worker was preparing to make repairs to a rooftop makeup air unit curb assembly when it shifted and fell on the worker causing fatal injuries.
Contravention:
1459885 Alberta Ltd., operating as Marathon Ventilation was charged with 7 counts:
  • Section 2 (1) (a) (i) of the Occupational Health and Safety Act
  • Section 7 (1) of the Occupational Health and Safety Code
  • Section 7 (2) of the Occupational Health and Safety Code
  • Section 12 (a) of the Occupational Health and Safety Code
  • Section 12 (d) of the Occupational Health and Safety Code
  • Section 189 of the Occupational Health and Safety Code
  • Section 210 (1) of the Occupational Health and Safety Code
 
Climate Control Ltd. was charged with 2 counts:
  • Section 2 (3) of the Occupational Health and Safety Act
  • Section 2 (4) of the Occupational Health and Safety Act

Show Answer Charged is: The Driving Force Inc

Date charges laid:
July 5, 2016
Location of alleged offence:
Calgary
Date of alleged offence:
July 11, 2014
Type:
Fatality
Description:
A mechanic was underneath a vehicle removing a faulty transmission switch; the vehicle rolled causing fatal injuries to the mechanic.
Contravention:
The Driving Force Inc. was charged with 2 counts:
  • Section 2(1)(a)(i) of the Occupational Health and Safety Act,
  • Section 189 of the Occupational Health and Safety Code

Show Answer Charged is: Cedarglen Living Inc. and S.A.C. Construction Ltd.

Date charges laid:
June 30, 2016
Location of alleged offence:
Calgary
Date of alleged offence:
July 23, 2014
Type:
Reportable Incident
Description:
A worker received serious injuries when a load of materials fell on him while it was being unloaded from a trailer.
Contravention:
Cedarglen Living Inc. and S.A.C. Construction Ltd. were charged with 3 counts each:
  • Section 258(1)(a) of the Occupational Health and Safety Code
  • Section 2(1)(a)(i) of the Occupational Health and Safety Act
  • Section 2(1)(a)(ii) of the Occupational Health and Safety Act

Show Answer Charged is: Alpine Paving and Contracting Ltd.

Date charges laid:
May 25, 2016
Location of alleged offence:
Calgary
Date of alleged offence:
July 4, 2014
Type:
Fatality
Description:
Two workers were working on a pick-up truck when it fell off of the jacks and fatally injured one of the workers.
Contravention:
Alpine Paving and Contracting Ltd. was charged with 7 counts:
  • Section 2(1)(a)(i) of the Occupational Health and Safety Act
  • Section 13(1) of the Occupational Health and Safety Regulation
  • Section 15(1) of the Occupational Health and Safety Regulation
  • Section 7(1) of the Occupational Health and Safety Code
  • Section 12(d) of the Occupational Health and Safety Code
  • Section 189 of the Occupational Health and Safety Code
  • Section 261 of the Occupational Health and Safety Code
 
Chad England was charged with 3 counts:
  • Section 2(2)(a) of the Occupational Health and Safety Act
  • Section 189 of the Occupational Health and Safety Code
  • Section 369 of the Occupational Health and Safety Code

Show Answer Charged is: Kal Tire et al: Kal Tire (A partnership); R.B. Wallis Investments Ltd., Kl Uptown Enterprises Ltd.; RIF Enterprises Ltd.; RWK Enterprises Ltd.; J.M. Mullin Enterprises Ltd.; Instow Enterprises Ltd.; LEM Enterprises Ltd.; Kal Tire Ltd.; Kal Tire (Alberta) Ltd.

Date charges laid:
January 18, 2016
Location of alleged offence:
Acheson
Date of alleged offence:
October 14, 2014
Type:
Reportable Incident
Description:
Workers were attempting to replace/repair a tire on a semi-truck. A worker went under the trailer to begin work. A second worker instructed the driver to move forward without verifying the first worker’s location. The first worker was consequently run over by the semi-trailer. The worker was transported by EMS to the University of Alberta Hospital for serious injuries. The injuries required surgery which resulted in hospitalization for greater than two days.
Contravention:
Kal Tire et al have been charged with 5 counts.
  • Section 2(1)(a)(i) of the Occupational Health And Safety Act
  • Section 189 of the Occupational Health and Safety Code
  • Section 194(1) of the Occupational Health and Safety Code
  • Section 212 of the Occupational Health and Safety Code
  • Section 259(1)(a) of the Occupational Health and Safety Code

2015

Show Answer Charged is: Midwest Pipelines Inc.

Date charges laid:
December 9, 2015
Location of alleged offence:
Mannville
Date of alleged offence:
December 12, 2013
Type:
Other Incident
Description:
Workers were attaching a stick (boom) to a side boom (mobile equipment used to lower pipe into an excavation). The workers were using a second side boom to hoist and place the stick into the first side boom. During the hoist, the stick fell and contacted a worker causing serious injuries to his foot.
Contravention:
Midwest Pipelines Inc. has been charged with 8 counts:
  • Section 2(1)(a)(i) of the Occupational Health and Safety Act
  • Section 12(1)(b) of the Occupational Health and Safety Regulation
  • Section 9(1) of the Occupational Health and Safety Code
  • Section 70(1)(c) of the Occupational Health And Safety Code
  • Section 293(1) of the Occupational Health and Safety Code
  • Section 298(1)(b) of the Occupational Health and Safety Code
  • Section 298(1)(c) of the Occupational Health and Safety Code
  • Section 303(1) of the Occupational Health and Safety Code.

Show Answer Charged is: Flatiron Constructors Canada Limited

Date charges laid:
August 14, 2015
Location of alleged offence:
Fort McMurray
Date of alleged offence:
August 17, 2013
Type:
Other Incident
Description:
A worker was backing a gravel truck with a semi-trailer end dump unit on uneven ground. When the load was approximately 60 per cent lifted, the trailer fell over on the driver’s side. No injuries were reported.
Contravention:
Flatiron Constructors Canada Limited. was charged with 2 counts:
  • Section 2(1)(a)(i) of the Occupational Health and Safety Act, R.S.A 2000, Chapter O-2, as amended
  • Section 3(3) of the Occupational Health and Safety Act, R.S.A 2000, Chapter O-2, as amended

Show Answer Charged is: Flatiron Constructors Canada Limited

Date charges laid:
June 19, 2015
Location of alleged offence:
Fort McMurray
Date of alleged offence:
August 9, 2013
Type:
Fatality
Description:
A worker was in the process of unloading a semi-trailer end dump gravel truck when the end dump unit tipped over, crushing the cab of another gravel truck nearby and causing fatal injuries to the driver.
Contravention:
Flatiron Constructors Canada Limited. was charged with 5 counts:
  • Three Counts of Section 2(1)(a)(i) of the Occupational Health and Safety Act, R.S.A 2000, Chapter O-2, as amended
  • Section 2(5) of the Occupational Health and Safety Act, R.S.A 2000, Chapter O-2, as amended.
  • Section 3(3) of the Occupational Health and Safety Act, R.S.A 2000, Chapter O-2, as amended.

2014

Show Answer Charged is: Bird Construction Company, a limited liability partnership, by it general partner Bird Management Ltd

Date charges laid:
September 22, 2014
Location of alleged offence:
Fort McMurray
Date of alleged offence:
September 25, 2012
Type:
Fatality
Description:
While working alone, a worker was drilling panels over a holding tank and fell into the tank and drowned. The worker was discovered the following morning.
Contravention:
  • 2(1)(a)(i) of the Occupational Health and Safety Act R.S.A. 2000, Chapter O-2, as amended.
  • 139(1)(a) 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 O-2, as amended.
  • Section 139(1)(c) 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 O-2, as amended.
Created:
Modified: 2017-10-27
PID: 6751