A Burnaby, British Columbia-based mining company has pleaded guilty to two occupational health and safety charges stemming from a fatal workplace accident in Yukon..
According to the Canadian OH&S News, a 20-year-old apprentice mechanic employed by Procon Mining and Tunneling Ltd. was working at Yukon Zinc Corporation's Wolverine Mine site south of Ross River. While driving his 2004 Toyota Land Cruiser down a 15 percent decline to deliver a part for a piece of equipment to another worker, Paul Wentzell came upon another piece of equipment parked on the ramp. He stopped, pushed the Land Cruiser's emergency brake actuation button on the dashboard (but not the regular parking brake), left the truck in neutral and walked toward the parled equipment. (WCxKit)
The emergency brake did not hold and the vehicle rolled down the decline, striking the young worker from behind, causing serious internal injuries according to a preliminary investigation report into the accident. The vehicle came to a stop approximately 20 meters from where it was originally parked when it collided with the second piece of equipment.
Almost two years after the incident, Procon Mining and Tunneling pleaded guilty to two charges, according to Frank Fry, a spokesman for the Yukon Workers Compensation Health and Safety Board. In particular, the charges relate to the failure to ensure that the emergency brakes on the Toyota Land Cruiser were maintained in a safe operating condition and failure to ensure that a worker had demonstrated competence in operating the vehicle to a supervisor or qualified person.
Six other charges have been stayed, Fry said. This means these counts could be revisited within a year. The charges relate to the alleged failure to:
1. ensure the vehicle was properly identified when unsafe for use;
2. inspect, repair or maintain a braking system in accordance with good engineering practice;
3. inspect the vehicle's braking system within its 250-hour maintenance schedule;
4. ensure the worker had received adequate training in the safe use and operation of the Land Cruiser;
5. ensure the worker was under direct supervision when operating mobile equipment; and,
6. ensure the emergency brake actuation control was identified to show the function it served.
Fry said in the territory the fine for a first offense is up to a maximum of $150,000 and up to $300,000 for subsequent penalties. Procon Mining and Tunneling will appear in court for its sentencing hearing. (WCxKit)
Mine owner Yukon Zinc Corporation is not facing any charges in connection with the incident. "Only Procon was charged because the safety issues involved with the fatality were related directly to that company's operations and did not involve any aspects of the mine's operations," Fry added.
Author Robert Elliott, executive vice 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. See www.LowerWC.com for more information. Contact: [email protected].
WORK COMP CALCULATOR: www.LowerWC.com/calculator.php
SUBSCRIBE: Workers Comp Resource Center Newsletter
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.
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact [email protected].