Supervisors in workplaces throughout Ontario and Canada should be aware that they can also face charges and be fined, individually, for violations of occupational health and safety regulations. It seems as if that is happening more often lately. For example, last week, in an Ontario court, J.S. Redpath Ltd. and two of its supervisors were found guilty and fined a total of $136,000 for an incident in which two workers were injured by falling rock at the Cochenour Mine in Red Lake.
The incident happened on August 4, 2013, when the two workers were being transported via mechanized raise climber (MRC) up a ventilation raise, which is a vertical opening underground, to the rock face where work was being performed. Previously, the two workers had been drilling and explosives had been detonated and they were heading back to the face to resume work.
Unfortunately, they only managed to travel about 30 feet up when rocks started to fall onto the MRC, striking both workers. One worker was knocked unconscious, while the other received minor injuries. The conscious worker began to throw items out of the basket they were in as a way to attract the attention of an operator working at the bottom. Within about three hours, other mine personnel were able to rescue the two miners.
J.S. Redpath Ltd was found guilty of violating the Occupational Health and Safety Act (OHSA) for failing to ensure that the worker who became unconscious had been properly trained to work on the MRC, for failing to ensure that the drilling and blasting area was examined by a supervisor during each work shift and for failing to provide information, instruction and supervision to the workers for not ensuring that a supervisor or trainer didn’t observe the crew driving the MRC. For all three offenses, the company was fined a total of $125,000.
The court didn’t stop with the company, however. Philip Parrott was superintendent at the Cochenour mine, while Robert Beldock was the shift supervisor for the workers working in the MRC. Parrott was convicted, as a supervisor, for failing to take the reasonable precaution of conducting job task observations and for failing to ensure that he or another supervisor visited a ventilation raise where drilling and blasting was being carried on during each work shift. For his part, Beldock was also convicted of the latter charge as a supervisor. As a result, Parrott was fined $6,000 and Beldock was fined $5,000.
The decision was reached by Justice of the Peace Danalyn J. MacKinnon after nine days at trial and the fines were imposed in Kenora court on May 12, 2016. In addition to each of those fines, the court also imposed the mandated 25-per-cent victim fine surcharge as required by the Provincial Offences Act. That means the company has to pay $156,500, while Parrot will pay $7,500 and Beldock $6,250. That’s a lot to pay for not making sure your workers are safe.