Maximum Fine Imposed for Workers Death, Company Implements Major Safety Changes

Pleaded Guilty to Safety Violation

A potash surface mine operator in Saskatchewan has pleaded guilty to the province’s maximum fine for an occupational health and safety violation, in connection with a worker fatality two years ago, according to a report from Canadian OH&S News.

Edward Artic, who had worked at Agrium Inc’s Vanscoy site for more than 10 years, was inside a hoist well when a component fell from a load being lifted by an overhead crane. The device fell six stories and struck the 59-year-old worker in the head, killing him instantly.[Wcx]

Agrium pleaded guilty on May 28 to failing to provide or maintain a working environment that ensured, as far as reasonably practicable, the health, safety and welfare of a worker, contrary to Section 12(a) of the Occupational Health and Safety Regulations, and agreed to the maximum fine of $300,000 plus a $120,000 victim surcharge. Three other charges against Agrium were stayed.

Maximum Fine Sought

Tamara Harrison, the crown prosecutor assigned to the case, explained that a maximum fine was sought because the incident resulted in a fatality, Agrium had a previous similar conviction — in 2006 a rock fell and a worker received a serious injury — and judges specifically allow prosecutors to look at the fact that because the accused is a large, profitable company, the fine must be high enough to have a deterrent effect.

Agrium’s lawyer says it was important for the company to move forward out of respect for the family, adding there is a good working relationship between Agrium and the family, “who didn’t want to see this worker’s death in vain.” [Wcx]

“The company recognized that anything you can do could be done better. There is always a constellation of factors that contribute to the cause of the accident,” and Agrium was one of those factors, says Michael Tochor of MacPherson Leslie & Tyerman LLP, in Regina.

Major Reform Efforts Implemented

Since the incident the company has spent $3.6 million on remedial measures at the site, just southwest of Saskatoon, Tochor notes. This includes redesigning and retrofitting the entire hoist well, rewriting and reworking health and safety policies and procedures, providing financial assistance to the family and counseling for workers and constructing a memorial tribute to Artic on the site.

Saskatchewan’s Ministry of Labour Relations and Workplace Safety recently introduced amendments that would bump the maximum penalty in cases with a serious injury or death from $300,000 to $1.5 million, making them the highest in the country. The amendments would take effect this fall

Author Michael B. Stack, CPA, Director of Operations, Amaxx Risk Solutions, Inc. is an expert in employer communication systems and part of the Amaxx team helping companies reduce their workers compensation costs by 20% to 50%. He is a writer, speaker, and website publisher. www.reduceyourworkerscomp.com. Contact: mstack@reduceyourworkerscomp.com.

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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.