Excerpt from the Government of Ontario’s ‘Newsroom’
Goldcorp Canada Ltd., carrying on business as Musselwhite Mine, an underground gold mining operation, was fined $50,000 for a violation of the Occupational Health and Safety Act after a Ministry of Labour inspection.
On November 14, 2009, a Ministry of Labour inspector visited the Musselwhite Mine, about 650 kilometers northwest of Thunder Bay. After reviewing the mine’s training records, the inspector determined that one of the mine’s workers was not registered as fully trained in all of the prescribed training programs for work in a hard rock underground mine.
Goldcorp Canada Ltd., carrying on business as Musselwhite Mine, pleaded guilty to failing to ensure that a worker was trained as prescribed.
The fine was imposed by Justice of the Peace Edith Baas. In addition to the fine, the court 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:
Goldcorp Canada Ltd. was found guilty of a contravention of section 11(3) of the Ontario ‘Mines and Mining Plants’ regulation 854/90 which states,
“In accordance with the Agreement on Internal Trade, 1995 and the Protocols of Amendment, a worker shall be deemed to hold a certificate referred to in subsection 11 (8), 11.1 (4), 11.2 (5) or 11.2.1 (4) if he or she has successfully completed equivalent training in another province or territory of Canada, as determined by the Director.”
Any job, especially a dangerous one, requires proper training to better protect the workforce.
Here we have the MOL finding a hole in the training records and an employee could have been harmed or killed due to not having the information and training to safely handle all hazards that he/she may come into contact with.
If an accident had actually happened to this employee, I would also assume the MOL would have included section 25 (2)(a) of the OHSA if an accident HAD occurred. It states,
“The employer shall provide information, instruction and supervision to a worker to protect the health and safety of the worker.”
Remember – In Ontario, “ALL Accidents are Preventable”
HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Due Diligence’ and ‘Standard Operating Procedures’. Contact Deborah toll free at 1-877-907-7744 or locally at 705-749-1259.
‘Work’ and ‘Play’ safe.
Daniel L. Beal
CHSEP – Foundation Level
VP & Senior Trainer
HRS Group Inc.
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