Report from the Western Standard News Service
A Calgary machining company’s conviction and $420,000 fine in connection to a workplace fatality has been upheld by the courts.
Inland Machining Ltd. was charged with 33 counts under Alberta’s occupational health and safety (OHS) laws following an incident on August 16, 2019, in which a worker was fatally injured while operating a manual lathe and became entangled with a moving part.
On October 26, 2023, the Calgary Court of Justice convicted the company on 13 counts, with eight conditionally stayed. One count was dismissed, and the Crown withdrew 19 others.
The company appealed the conviction and sentence on November 17, 2023, but the Court of King’s Bench dismissed the appeal on November 13, 2024. The 30-day period to file further appeals has now expired.
Inland Machining Ltd. was fined $420,000, including the victim fine surcharge, for five counts under OHS laws. The charges include failing to ensure the health and safety of a worker, failing to follow manufacturer specifications for equipment, and failing to provide safeguards to protect against contact with moving parts of machinery.
Alberta’s OHS laws outline health and safety standards for workplaces across the province, offering guidance for employers and protections for workers. Charges under these laws can be laid when violations result in serious injury or fatalities.
My opinion
Not very often does one hear about an actual appeal of a standard-type of fine but here one is.
I was dismayed to think that workplace safety was allowed to work itself into the equation. REALLY!
In every province and territory in Canada, the employer is ultimately responsibility to the protection of the worker. In Ontario, we have section 25, subsection 2(h) of the Ontario Occupation al Health and Safety Act (OHSA) which states,
“An employer shall,
(h) Take every precaution reasonable in the circumstances for the protection of the worker.”
In the other provinces and territories have similar legislation. Too bad for the employee of Inland Machining Ltd., the employer was not aware of their highest responsibility in the workplace.
The court did issue a large fine, but I have written about much larger fines and the lackadaisical safety attitude needed a substantial wakeup call. They received one!
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 Ontario, “ALL Accidents are Preventable”
‘Work’ and ‘Play’ safe.
Daniel L. Beal
CHSEP – Advanced Level
CEO & Senior Trainer
HRS Group Inc.