Blog Post #1669 – Stockyard Fined $325,000 After One Worker Killed and Another Injured

Report from the OH&S Canada magazine (Summer 2023)

On May 14, 2024, Spiritwood Stockyards (1984) Ltd. pleaded guilty in Spiritwood Provincial Court to two violations of The Occupational Health and Safety Regulations, 2020.

The company was fined for contravening subsection 7-6 (1) of the regulations (being an employer fail where there is a risk of injury to the head of a worker to provide approved industrial protective headwear and require a worker to use it, resulting in the serious injury of a worker), as well as contravening subsection 9-2 (2) of the regulations (being an employer fail to ensure that workers use a fall protection system at a temporary or permanent work area if a worker may fall three metres or more; or there is a possibility of injury if a worker falls less than three metres, resulting in the death of a worker).

The Court imposed a total fine of $232,142.86 with a surcharge of $92,857.14, for a total amount of $325,000.

Five other charges were withdrawn.

The charges stemmed from two separate incidents that occurred near Spiritwood, Sask. The first occurred on Nov. 11, 2021, where a worker was struck by a gate and seriously injured while attempting to load bulls onto a trailer.

The second incident occurred on Jan. 26, 2022, where a worker was fatally injured while attempting to clear snow off a roof when the worker fell through a fiberglass skylight.

My opinion

The laws dealing with ‘Fall Protection’ of ‘Working at Heights’ are very clear. In most provinces, if the worker feet are over ten feet in height, then some type of Fall Protection is required. It could be something as simple as being attached to an adequate anchor and would include the use of a safety harness and connecting device such as a lanyard.

Alberta OHS Regulation section 9-2(2) states that an employer must eliminate or control a hazard through the use of engineering controls if it is reasonably practicable to do so. This means prioritizing solutions like redesigning equipment or the work process over administrative controls or personal protective equipment (PPE).

  • Elimination or control: Employers must first try to eliminate the hazard. If that’s not possible, they must control it.
    • Priority for engineering controls:When an engineering control is a reasonably practicable option for eliminating or controlling a hazard, the employer must use it.
    • Examples:This could include using a machine guard to prevent a worker from coming into contact with a pinch point or installing a ventilation system to remove hazardous fumes at the source.
    • Hierarchy of controls:This requirement is part of the broader hierarchy of controls, which mandates using the most effective methods first (elimination, then engineering controls, then administrative controls, and finally PPE).

Please ensure that your company complies with any and all safety regulations pertaining to you.

Spiritwood Stockyards did not receive the memo.

As well, the fines in Alberta have been going up and up and I, for one, am glad to see it.

HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Due Diligence’.

Contact Deborah toll free at 1-877-907-7744 or locally at 705-749-1259.

We can also be reached at 

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.

 

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