Excerpt from the government of Ontario’s ‘Newsroom’
J.S. Redpath Ltd. and two of its supervisors have been found guilty and fined a total of $136,000 after one worker suffered critical injuries and another worker suffered minor injuries from falling rock at the Cochenour Mine in Red Lake.
The incident took place on August 4, 2013 while the two workers were being transported by a mechanized raise climber (MRC) up a ventilation raise (a vertical opening underground) to the face of rock where work was being performed. The workers had earlier completed drilling and explosives had been detonated. They were travelling back to the face to resume work. After they had travelled about 30 feet up the raise, rocks started to fall onto the MRC.
One of the workers was struck by rock and suffered injuries. The critically injured worker became unconscious; the other threw items out of the basket they were riding in so as to attract the attention of an operator working at the bottom of the raise. Mine personnel were able to rescue the two miners after about three hours.
Philip Parrott was superintendent at the Cochenour mine and had charge of the workplace; Robert Beldock was the shift supervisor for the workers working in the raise.
The company was found guilty of failing, contrary to the Occupational Health and Safety Act (OHSA) to ensure that the worker who became unconscious had been properly registered in a training program to work on the mechanized raise climber in the ventilation raise. This was a violation of Section 11(2) of Ontario Regulation 854 (Mines and Mining Plants Regulation).
The company was also found guilty of failing to ensure that the area where drilling and blasting were carried on was examined by a supervisor during each work shift. This was a violation of Section 63(1) of Ontario Regulation 854/90.
The company was further convicted of failing to provide information, instruction and supervision to the workers by failing to ensure that job task observations of a crew driving a raise were made by a supervisor or trainer. The company was fined a total of $125,000 for the three offences.
Parrott, as a supervisor, was convicted of failing to take the reasonable precaution of having a supervisor or trainer conduct job task observations and failing to ensure that he or another supervisor visited a ventilation raise where drilling and blasting was being carried on during each work shift. Beldock was also convicted of the latter charge as a supervisor.
In addition, Parrott and Beldock were both convicted under Section 27(1)(b) of the OHSA for failing as supervisors to ensure that a worker used the equipment or protective devices that the worker’s employer required to be used – in this case, safety nets which were designed to protect workers from falling loose rock hazards while climbing onto an MRC platform. The court determined that they failed to ensure the use of safety nets provided by Redpath and required by the company’s safety procedures.
Parrott was fined $6,000 in total for the three offences and Beldock was fined $5,000 in total for the two offences.
The decision was reached by Justice of the Peace Danalyn J. MacKinnon after nine days at trial. The fines were imposed in Kenora court on May 12, 2016.
In addition to the fines, 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:
J.S. Redpath Ltd. was found guilty of a contravention of the Ontario ‘Mines and Mining Plants’ regulation 854/90, section 11, subsection 2 which states,
“Employers in the following types of mines and mining plants shall establish and maintain the following training programs:
- Soft rock underground mine,
- Common Core for Basic Underground Soft Rock Miner (Program #P770130),
- Specialty Modules for Underground Soft Rock Miner (Program P#770130),
iii. Common Core for First Line Underground Mine Supervisor — Underground Soft Rock Mining (Program #P770131).”
J.S. Redpath Ltd. was also found guilty of a violation of the Ontario ‘Mining’ regulation 854/90, section 63, subsection 1 which states,
“Every place where drilling and blasting is being carried on in an underground mine shall be examined by a supervisor during each work shift.”
The Ontario Occupational Health and Safety Act (OHSA) was contravened 4 times and in 4 sections. The employer was found guilty of those under section 25 of the Ontario Occupational Health and Safety Act (OHSA) and the two supervisors listed in the earlier text were found guilty under section 27.
Section 25, subsection 1 (c) states,
“An employer shall ensure that,
(c) the measures and procedures prescribed are carried out in the workplace.”
Section 25, subsection 2 (a) states,
“An employer shall,
- provide information, instruction and supervision to a worker to protect the health or safety of the worker.”
Section 27, subsection 1 (b) states,
“A supervisor shall ensure that a worker,
(b) uses or wears the equipment, protective devices or clothing that the worker’s employer requires to be used or worn.”
Section 27, subsection 2 (c) states,
“a supervisor shall,
- take every precaution reasonable in the circumstances for the protection of a worker.”
My opinion,
A completed hazard assessment would have gone a long way to prevent injury. All hazards on the job must be identified, assessed and controlled prior to any operation.
Here I would have asked, “Where was the supervisor?” Under section 25 of the OHSA the employer shall ensure that the supervisor, when an appointment is necessary, be competent to supervise. I have listed the actual definition of a “competent person” as it is listed in the “definitions” section of the Act:
“competent person” means a person who,
“(a) is qualified because of knowledge, training and experience to organize the work and its performance,
(b) is familiar with this Act and the regulations that apply to the work, and
(c) has knowledge of any potential or actual danger to health or safety in the workplace.”
The best advice I can give for anyone that would like to try the position of supervisor is to take a one-day course on “Occupational Health and Safety and the Law”. HRS Group Inc. has a course that can be delivered at our facility in Peterborough or can be delivered to your workplace almost anywhere in Ontario. Please contact Deborah at (705) 749-1259 and ask for further details.
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 – Advanced Level
VP & Senior Trainer
HRS Group Inc.
Thanks!
Good stories!
Good stories!