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You are here: Home / Safety and Loss Control / CANADA Mechanic Death Leads to Charges Against Edmonton Equipment Dealer

CANADA Mechanic Death Leads to Charges Against Edmonton Equipment Dealer

August 10, 2010 By //  by Rebecca Shafer, J.D. Leave a Comment

Sometimes we are asked: Why does WCK Blog write about so many injuries, accidents and deaths in the workplace and the resultant lawsuits – they seem so alike. 
In our ever on-going goal of being a resource to employers to reduce their workers compensation costs, we see these blogs an opportunity to teach “what not to do” in the workplace and why safety and training programs are so important.
An Edmonton-based equipment dealer was charged with four counts under Alberta's occupational health and safety legislation after the death of a worker two years ago according to Canadian OH&S News. The employee, working as a mechanic, was killed on the job at Suncor Energy Inc.'s Millennium mine site.
The company – a division of Finning International, the world's largest dealer of Caterpillar equipment – is scheduled to appear in court on August 30 at Fort McMurray Provincial Court.
Finning workers at the site were "moving a disabled hauling truck to the shop for repairs," says Chris Chodan, a spokesman with Alberta Employment and Immigration (AEI). The mechanic was run over by the vehicle and fatally injured, Chodan confirms. (WCxKit)
A spokesman from AEI also confirmed two other workers sustained minor injuries in the accident. One was treated on-site and the other was treated and released at a local hospital. AEI also issued a stop work order restricted to the immediate area around the accident site.
A  statement released on Finning’s web site called the man’s death a "truly a tragic incident – one that will forever impact his family, all those who worked alongside him in the oil sands and our company as a whole." The statement also affirms that "at Finning, safety is a core value that influences everything we do. We remain committed to achieving and sustaining health and safety excellence in all of our business operations."
The company is charged with failing as an employer to ensure, as far as it is reasonably practicable to do so, the health and safety of workers engaged in the work of the employer, as stipulated under section 2(1)(a)(i) of the provincial OH&S act.
Finning is also charged with violating sections 7(4) and 8(1) of Alberta's Occupational Health and Safety Code. Section 7(4) states an employer must ensure a hazard assessment is repeated at reasonably practicable intervals to prevent the development of unsafe and unhealthy working conditions; when new work processes are introduced; when a work process or operation changes; and before the construction of significant additions or alterations to a work site.
In addition, Section 8(1) stipulates an employer must involve affected workers in the hazard assessment and in the control or elimination of the hazards identified. (WCxKit)
Finally, Finning is charged with violating section 15(1) of the Occupational Health and Safety Regulation, demanding an employer must ensure a worker is trained in the safe operation of the equipment the worker is required to operate.
The moral of the story: “It costs less to design and implement good safety and training programs and make sure employees follow them then to pay the high costs to defend the resulting lawsuit(s).”
   \ 
Author Rebecca Shafer,
  President, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing.  Contact: Info@ReduceYourWorkersComp.com  or 860-553-6604.
  
 
WC LinkedIn: 
http://www.linkedin.com/groups?homeNewMember=&gid=1922050/
WC Calculator:  http://www.LowerWC.com/calculator.php
TD Calculator:  http://www.LowerWC.com/transitional-duty-cost-calculator.php 

Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers' comp issues.
  
©2010 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact
 Info@WorkersCompKit.com 

Filed Under: Safety and Loss Control, WC in Other Countries (International) Tagged With: Alberta Employment and Immigration (AEI), Alberta Occupational Health and Safety Code, Canadian OH&S, Workers Comp Cost Containment

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