Report from the OH&S Canada magazine (Summer 2024)
Volker Stevin Contracting Ltd., and supervisor Michael O’Neill, have been fined a total of $546,000, following the death of a worker in 2019.
On Oct. 2, 2019, the worker was fatally injured while working in a storm drain in Airdrie, Alta., when they were run over by a work truck operated by another worker.
The company, being an employer, was found guilty of contravening:
- Section 3(1)(a)(i) of the Occupational Health and Safety (OHS) Act, for failure to ensure the health and safety of a worker engaged in the work of that employer, by failing to ensure their worker was not beyond the range of powered mobile equipment, a company truck, while performing work.
- Section 258(1)(a) of the OHS Code, where the movement of a part of powered mobile equipment, a company truck, created a danger to their worker, permitted the worker to remain within range of the part.
Volker Stevin Contracting Ltd. was fined $420,000 for the contravention of section 3(1)(a)(i) of the OHS Act and $60,000 for the contravention of section 258(1)(a) of the OHS Code.
The total fine was $480,000, inclusive of a 20 per cent victim fine surcharge.
All other charges against Volker Stevin Contracting Ltd. were withdrawn or conditionally stayed.
O’Neill was found guilty of contravening:
- Section 4(a)(ii) of the OHS Act, being a supervisor, failure to take all precautions necessary to protect the health and safety of a worker under his supervision by driving over the worker with a company vehicle while distracted.
- Section 258(1)(b) of the OHS Code, being an operator, and where the movement of a part of powered mobile equipment, a company truck, created a danger to a worker, moved the equipment where the worker was exposed to the danger.
O’Neill was fined $60,000 for the contravention of section 4(a)(ii) of the OHS Act and $6,000 for the contravention of section 258(1)(b) of the OHS Code.
The total fine was $66,000 inclusive of the 20 per cent victim fine surcharge.
All other charges against O’Neill were withdrawn or conditionally stayed.
Additional charges against a third worker, Donald Neustaedter, were withdrawn.
My opinion
I have reviewed many of the current convictions in the province of Alberta, and see a trend going in the right direction. The employers are being held to a higher standard now and the government of Alberta is dealing with ‘critical injuries’ and ‘death in the workplace’ more harshly than in years gone by.
I, for one, would be happy to admit my opinion of Alberta is, quickly, becoming one of admiration.
Thank you.
HRS Group Inc. has a great team that can help you with all your health and safety needs. Contact Deborah toll free at 1-877-907-7744 or locally at 705-749-1259.
Ensure your workplace is a safe place.
Remember – In Canada, “ALL Accidents are Preventable”
‘Work’ and ‘Play’ safe.
Daniel L. Beal
CHSEP – Advanced Level
CEO & Senior Trainer
HRS Group Inc.
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