Report from the government of Ontario’s ‘Newsroom’
A worker, employed by Glencore Canada Corporation of Toronto, Ontario, a mining, recycling and critical minerals company involved in mining operations, suffered critical injuries from a fall after Glencore Canada Corporation committed the offence of failing, as an employer, to take every precaution reasonable in the circumstances for the protection of a worker, contrary to section 25(2)(h) of the Occupational Health and Safety Act.
On October 20, 2023, two workers at the company’s Nickel Rim South Mine were extending backfill lines and removing a ventilation curtain in a stope. A stope is an excavated underground cavity from which ore has been removed.
The workers were using a MacLean Scissor Truck. The truck was equipped with a deck on a scissor lift that enables work at heights.
During a pre-use inspection the workers noticed a missing pin on the rear railing of the scissor deck but did not stop work or take steps to replace the pin. The purpose of the pin was to secure the rear railing in place on the scissor deck.
The area leading to the stope was not cleared of muck, or mining material, prior to the work beginning. This caused uneven movements of the truck.
During the task, the workers attempted to pull piping into alignment using a chain attached to the rear railing of the scissor deck. This was an improper use of the equipment, and it damaged the rear railing.
Despite this, work continued. When the truck moved forward over uneven muck, one worker on the back deck of the scissor truck fell and sustained critical injuries.
A Ministry investigation determined that Glencore failed to take the reasonable precaution of ensuring muck was cleared before work began underground, contrary to the Occupational Health and Safety Act.
Following a guilty plea in Sudbury Provincial Offences Court, Glencore Canada Corporation was fined $120,000 by Justice of the Peace Sharon K. Ashick; Crown Counsel was Graeme Adams.
The court also imposed a 25 per cent victim fine surcharge as required by the Provincial Offences Act. The surcharge is credited to a special provincial government fund to assist victims of crime.
My opinion
The law(s) in contravention:
Glencore Canada Corporation was found guilty of a contravention of the Ontario Occupational Health and Safety Act (OHSA), section 25, subsection 2(h) which states,
“The employer shall,
Do everything reasonable in the circumstance for the protection of the worker.”
Here, again, we find the workers not using the equipment per the manual.
Using a lift to pull piping seemed a little far-fetched and the procedure damaged the rail.
HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Due Diligence’ and ‘Safe Work Procedures’.
Contact Deborah toll free at 1-877-907-7744 or locally at 705-749-1259.
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Ensure your workplace is a safe place.
Remember – In Ontario, “ALL Accidents are Preventable”
‘Work’ and ‘Play’ safe.
Daniel L. Beal
CHSEP – Advanced Level
CEO & Senior Trainer
HRS Group Inc.