Excerpt from the OH&S Canada magazine
Less than two years after mining worker Richard Pigeau was killed at the Nickel Rim South Mine in Sudbury, Toronto-based company Glencore Canada pleaded guilty to violating the province’s Occupational Health & Safety Act (OHSA) on August 28, 2017.
According to a court bulletin from the provincial Ministry of Labour, 54-year-old Pigeau was operating a load haul dump at the mine on October 20, 2015, when the bucket of the vehicle struck a wall on the right, causing him to be ejected from his seat. One of the vehicles tires ran over him, resulting in fatal injuries.
Investigations by both the Ministry and a joint team consisting of Glencore or employees and union representatives determined that the door of the load haul dump had opened while the vehicle was moving down a ramp and Pigeau had not been wearing his seat. The Ministry and the joint team include the Pigeau would more likely have survived had he warned the seatbelt.
Last fall, the ministry laid seven Occupational Health & Safety charges against Glencore, as well as to against Stephen Holmik, a colleague of Pigeau. Among the charges against the company were failing to take every reasonable precaution to protect a worker, interfering with objects at the scene of a fatality, failing to keep equipment in good condition and failing to protect a worker safety through information, instruction and supervision.
The case made his way to court beginning in December 2015. Glencore later pleaded guilty to failing to provide information, instruction and supervision to protect a worker safety, specifically regarding use of seat belts in a load haul dump.
This report has not listed the actual sections that were violated, so I have added the ones that seem to correspond to the report listed above.
Section 25, of the OHSA, subsection 1(b) states,
“An employer shall ensure that,
(b) the equipment, materials and protective devices provided by the employer are maintained in good condition.”
Section 25, of the OHSA, subsections 2 (a) and (h) state,
An employer shall,
(a) provide information, instruction and supervision to a worker to protect the health or safety of the worker;
(h) take every precaution reasonable in the circumstances for the protection of a worker.”
Section 51, subsection 2 of the OHSA states,
Preservation of wreckage
“Where a person is killed or is critically injured at a workplace, no person shall, except for the purpose of,
(a) saving life or relieving human suffering;
(b) maintaining an essential public utility service or a public transportation system; or
(c) preventing unnecessary damage to equipment or other property,
interfere with, disturb, destroy, alter or carry away any wreckage, article or thing at the scene of or connected with the occurrence until permission so to do has been given by an inspector.”
I think we covered most of the potential examples of contravention. If the reader can think of any others, then please place a comment for me to review.
Mind you, section 25, subsection 1(c) of the OHSA seems to apply as well and it states,
“An employer shall ensure that,
(c) the measures and procedures prescribed are carried out in the workplace.”
Ensure your workplace is a safe place.
Remember – In Ontario, “ALL Accidents are Preventable”
‘Work’ and ‘Play’ safe.
Daniel L. Beal
CHSEP – Advanced Level
VP & Senior Trainer
HRS Group Inc.