Report from the government of Ontario’s ‘Newsroom’
A worker, employed by DMC Mining Services Ltd. of Vancouver, British Columbia, an underground mining company, was injured while removing an extra power cable from the wall of a mine shaft. The company failed, as an employer, to take every precaution reasonable in the circumstances for the protection of a worker, contrary to section 25(2)(h) of the Occupational Health and Safety Act.
On October 22, 2023, three workers were removing an extra power cable from the wall of a mine shaft while working on a suspended platform.
The workers, working from the top down, decided to remove the cable by cutting the metal bands securing it to the shaft walls and coiling the cable on the platform.
To make room on the platform, one worker stood inside the coiled cable, creating a pinching hazard. As they were finishing the task, the free end of the cable fell below the platform, causing the coil to tighten around the worker. The worker was injured as a result.
An investigation by the Ministry of Labour, Immigration, Training and Skills Development found that the company did not ensure workers removed the cable in a way that reduced risk—starting from the bottom to the top and without standing inside the coiled cable.
Following a guilty plea in the Ontario Provincial Offences Court in Sudbury, the company was fined $135,000 by Her Worship Sharon Ashick; Crown Counsel was Graeme Adams.
The court also imposed a 25 per cent victim fine surcharge as required by the Provincial Offences Act. The surcharge is credited to a special provincial government fund to assist victims of crime.
My opinion
The law(s) in contravention:
DMC Mining Services Ltd., was found guilty of a contravention of the Ontario Occupational Health and Safety Act (OHSA), section 25, subsection 2(h) which states,
“The employer shall,
Take every reasonable precaution to protect the health and safety of the worker.”
It cannot be any simpler than that, as the employer should have properly supervised the work being done and needed a set of written instructions to provide the worker with proof that all hazards were recognized, assessed and controlled.
It cost DMC Mining Services $135,000 to find that out!
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Daniel L. Beal
CHSEP – Advanced Level
CEO & Senior Trainer
HRS Group Inc.