Excerpt from the OH&S Canada magazine (November 2016)
Toronto-based mining company Glenmore Canada Corporation is facing multiple charges over the death of 54-year-old Richard Pigeau, who was killed when a piece of machinery struck him on the Nickel Rim South Mine in Sudbury on October 20, 2015.
Janet Deline, a spoke-person for the Ministry of Labour, reports that the Ministry laid five oh&s charges against Glencore on October 14, 2016; interfering with, and disturbing and/or altering objects of the scene of a fatality; failing to protect a worker’s safety through information, instruction and supervision; failing to keep workplace equipment in good condition; failing to ensure that the measure in regulation 854/90 are carried out; and failing to take every reasonable precaution to protect a worker.
Two charges were also laid against a supervisor named Steven Holmik. As Pigeau’s supervisor Holmik faces a charge of failing to take every reasonable precaution to protect an employee. As his colleague, Holmik has been charged with failing to work in a way that did not endanger co-workers.
Glencore says it is reviewing the case. Prior to the seven charges, the company was already facing two others related to the Ministry’s investigation of the incident. On June 22, 2016, the Ministry charged the corporation with hindering, obstructing and/or interfering with an inspector executing a warrant and failing to furnish all necessary means to assist an inspector with a search, investigation, examination or inquiry.
My opinion
The laws are very specific here. The protection of a worker is always the number one priority!
It looks like the Ministry of Labour was using the Ontario Occupational Health and Safety Act (OHSA). The reader should study section 25 for all the details. The supervisor was charged under section 27 of the OHSA.
Very simple legislation but Glencore failed to understand their responsibilities.
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