In yet another sign that safety authorities are getting serious about hitting companies harder, financially speaking, gold exploration company Conquest Resources Ltd., was fined $130,000 last week for violations of the Occupational Health and Safety Act (OHSA) in the death of a worker.

In December 2007, Conquest hired an independent contractor to build an ice road on Sturgeon Lake, two hours north of Toronto, in order to service the company’s drilling activities. The accident in question happened on Christmas Eve, when the worker drove onto the lake alone to begin plowing. He fell through the ice and drowned.

A Ministry of Labour investigation found the worker was not given any current, accurate information about the thickness of the ice.

Conquest Resources Ltd. pleaded guilty under the OHSA to failing, as an employer, to provide information, instruction and supervision to a worker to protect his health and safety. The $130,000 fine was imposed by Justice of the Peace Raymond Zuliani. In addition to that fine, the court imposed a 25% victim surcharge on the total, as required by the Provincial Offences Act. The surcharge is credited to a special provincial government fund to assist victims of crime.

The next time you consider sending someone out to do a job without making sure he or she has all of the training and information they need, ask yourself if it’s worth the life of the worker and $162,500.

It would seem as though authorities are starting to issue heavier fines for safety violations. This past week, for example, SNC-Lavalin Power Ontario Inc., was fined $300,000 for a violation of the Occupational Health and Safety Act (OHSA) after a worker was killed.

The incident that led to the fine occurred on October 3, 2007, as the company was building an electrical plant in Toronto. It had subcontracted another firm to provide carpentry, electrical and plumbing services. An apprentice electrician employed by the subcontractor was working with two journeyman electricians to install temporary lighting when the apprentice removed the inside cover panel of a live 600-volt transformer. The apprentice then contacted the taps within, and was electrocuted.

A Ministry of Labour investigation discovered that the electrical panel was not tagged or locked out, as was required under OHSA. In addition, inspectors found that, while both the company and subcontractor had lockout policies in place and SNC-Lavalin had conducted an orientation for subcontractors, company records did not demonstrate that the electrical crew had been given detailed training or a copy of either company’s policy. Of course, the investigation also concluded that the SNC-Lavalin site-specific policy was not fully implemented at the time of the incident, in any case.

SNC-Lavalin Power Ontario Inc. pleaded guilty under the OHSA to failing to ensure that its subcontractor implemented a tag out and/or lockout procedure to ensure workers were protected from shocks and burns. The fine was imposed by Justice Robert Bigelow. In addition to the fine, the court imposed a 25% victim fine surcharge on the total, as required by the Provincial Offences Act. The surcharge is credited to a special provincial government fund to assist victims of crime.

That’s $375,000 altogether, when you include the 25% victim surcharge, for not following the company’s policies, as well as OHSA regulations designed to keep everyone safe. If the size of this fine is indicative of what might happen in the future, companies should be asking themselves whether not paying proper attention to safety is worth a $375,000 hit.

Quebec-based logistics services provider Katoen Natie Canada was fined $70,000 last week in the Ontario Court of Justice for a violation of the Occupational Health and Safety Act (OHSA) after a worker was injured in an incident in Corunna. Ontario.

The incident in question occurred on June 21, 2007, at the company’s warehouse in Corunna. At that time, a forklift operator was using an electric reach truck to lift and pull cartons from storage racks. When the worker backed into a steel rack, the worker’s leg was broken when it became trapped between the truck and the racking.

A Ministry of Labour investigation found that the worker was a certified lift truck operator, but was not certified for the machinery involved in the incident. It was also determined that worker’s supervisor was not monitoring the worker at the time of the incident.

Katoen Natie Canada pleaded guilty under the OHSA, specifically Ontario Regulation 851, Section 51(2)(a), to failing, as an employer, to ensure the worker was competent to operate the lifting device or was accompanied by a competent person while operating the lifting device.

The fine was imposed by Justice of the Peace Marsha Miskokomon. In addition to the fine, the court imposed a 25-per-cent victim fine surcharge on the total, as required by the Provincial Offences Act. The surcharge is credited to a special provincial government fund to assist victims of crime.

The province of Quebec is anxious to bolster its accident prevention record in workplaces, so they’ve modified a significant portion of the province’s health and safety regime. As a result, employers who violate Quebec health and safety laws will face stiffer penalties beginning next July.

The recently announced Bill 35 received unanimous support in the National Assembly, and the new law includes a lot of changes, most notably, the first increase in fines since Quebec’s health and safety laws were written 30 years ago. And the increases are huge. Fines that currently range from $5,000 to $20,000 for a first offense will double on July 1, 2010, and triple, to as much as $60,000 on January 1, 2011. Also by that date, employers found guilty of multiple repeat offenses will trigger fines of up to $300,000, with the new law mandating that the level of fines be revisited annually, beginning January 1, 2012.

While these increases bring Quebec closer to fine levels in other jurisdictions, they are still a bit lower than most. A violation of the OHSA in either Alberta or Ontario, for example, can cost a company as much as $500,000 per violation.

Bill 35 also includes changes to the indemnities paid out to the families of workplace accident victims. Following a fatality, families will now be entitled to as much as $94,569, which is nearly double the previous level of $50,000. A new indemnity will also see children of single parents compensated.

Out of concern for the administrative burden some businesses face in keeping their workers safe, the new law also reduces workers’ compensation premiums and simplifies payment. The changes should eliminate nearly one million administrative forms, and save businesses about $75 million.

Even with that, however, the Fédération des chambres de commerce du Québec (FCCQ) is still worried about what it describes as a “heavy burden” on business. It notes that many employers are openly skeptical of the inspection system, to the point that some claim that it amounts to a form of harassment, and they would like to see a mechanism for ensuring fairness in health and safety investigations.

A Toronto area manufacturer of pulp and paper products was fined $60,000 last week for a violation under the Occupational Health and Safety Act (OHSA), after a serious accident in which a worker was seriously injured.

The incident occurred on November 5, 2007, at Asia Pulp & Paper (Canada) Ltd.’s Brampton facility. A worker was loading skids onto a truck parked at a loading bay. While the worker operated a forklift inside the truck, the truck rolled forward about five meters from the loading bay. As the forklift operator reversed off the truck, he and the forklift fell to the ground below.

After the accident, a Ministry of Labour investigation found that the wheels of the truck were not chocked to prevent it from rolling. Asia Pulp & Paper (Canada) Ltd. pleaded guilty under the OHSA to failing, as an employer, to ensure the truck was immobilized and secured against accidental movement.

The fine was imposed by Justice of the Peace John H. Jackson. In addition to the fine, the court imposed a 25-per-cent victim fine surcharge on the total, as required by the Provincial Offences Act. The surcharge is credited to a special provincial government fund to assist victims of crime.

Attention to detail, the hallmark of working within a culture of safety, would have prevented an accident such as this one. How long would it have taken to make sure the truck was secure, so that the forklift could have been operated safely? Wheel chocks at all loading bays! Operator training….

The Ottawa Valley Waste Management Board was fined $75,000 on May 25 for a violation under the Occupational Health and Safety Act (OHSA) after a worker was seriously injured.

The incident happened on August 9, 2007, as workers at Algonquin Provincial Park emptied buried waste collection containers. The containers have a solid top and sides with a flexible bag underground that is opened using a drawstring. In order for workers to empty a container, they must lift the bag out of the ground with a crane and swivel it over a truck-mounted collection bin. Workers open the bag’s drawstring, waste falls into the bin, and the bag is returned to the ground.

In one instance this day, one waste bag’s drawstring would not open, so a worker climbed into the top of the truck-mounted collection bin to manually open the bag. The worker did not use the catwalk mounted on the back of the truck, and slipped while on top of the truck, falling about 3.5 metres to the pavement below.

The Corporation of the Township of Laurentian Valley, which is responsible for the Ottawa Valley Waste Management Board, pleaded guilty under the OHSA to failing, as an employer, to acquaint the worker with the hazards of working from and/or falling from truck-mounted garbage bins.

The fine was imposed by Justice of the Peace Nancy Mitchell. In addition to the fine, the court imposed a 25% victim fine surcharge on the total, as required by the Provincial Offences Act. The surcharge is credited to a special provincial government fund to assist victims of crime.

Brewers Retail Inc., which operates as The Beer Store, was fined $50,000 last week for a violation under the Occupational Health and Safety Act (OHSA), after a workplace incident.

At the company’s product distribution centre in Stoney Creek on April 26, 2007, a worker was using a forklift to remove a pallet containing cases of beer from a storage rack. The pallet hit part of the rack and the rack became unstable. The worker attempted to restore support to the storage rack, but was unable to do so, and several cases of beer fell and landed on the forklift. Luckily, the worker was able to jump from the forklift and was unharmed.

The company pleaded guilty under the OHSA to failing, as an employer, to ensure that materials were removed from a storage rack in a way that would not endanger the safety of a worker.

The fine was imposed by Justice Timothy Culver. In addition to the fine, the court also imposed a 25% victim fine surcharge on the total, as required by the Provincial Offences Act. The surcharge is credited to a special provincial government fund to assist victims of crime.

An Ottawa company, TDL Spring & Suspension Specialists Inc., that specializes in truck and bus repairs was fined $120,000 this past May 11, after a worker was crushed to death.

The incident occurred on June 7, 2007, as a worker was repairing the valve stem on a recycling truck’s rear tire. A side bin on the truck was raised to allow work on the tire, but it was not properly braced to prevent movement. When the side bin accidentally released and came down, it trapped the worker between the bin and the tire. As a result, the worker sustained crushing injuries and died on the way to the hospital.

A Ministry of Labour investigation determined that the employer had failed to ensure the raised side bin was blocked or braced to prevent subsequent movement. Plus, while the recycling bin was equipped with blocking pins to prevent the bin from falling, they were not being used at the time. In addition, the worker did not have the proper tools to block or support the bin.

The company was found to be in violation of section 74 of the Industrial Establishments Regulation (R.R.O. 1990, Reg. 851), contrary to clause 25(1)(c) of the Occupational Health and Safety Act, and found guilty of failing to ensure that equipment that is temporarily raised is securely and solidly blocked to prevent the equipment from falling or moving.

In addition to the $120,000 fine, the company was also assessed a 25% victim surcharge, as required by law.

On May 14, 2009, Guess Canada, a national clothing and accessories retailer, was fined $50,000 for a violation under the Occupational Health and Safety Act (OHSA) after a worker was seriously injured.

The incident happened on October 7, 2007, at the company’s Bloor St. W. location. A worker was attempting to return a box to the top shelf, by standing on an eight-foot, A-frame ladder in the storage room. The ladder gave way and the worker fell to the floor, causing him the worker to lose consciousness and sustain back injuries.

A Ministry of Labour investigation found that the ladder was too wide for the storage room, which meant the worker couldn’t fully open it and lock it into place to prevent it from collapsing.

Guess Canada pleaded guilty under the OHSA to failing, as an employer, to ensure that the worker could carry, move and lift store merchandise safely. The fine was imposed by Justice of the Peace Mary Anne Ross Hendriks. In addition to the fine, the court also imposed a 25% victim fine surcharge on the total, as required by the Provincial Offences Act. The surcharge is credited to a special provincial government fund to assist victims of crime.

According to a recently released report, WorkSafeBC ordered almost $3 million in extra fines last year to employers found to have violated provisions of either British Columbia’s Occupational Health and Safety Regulation or Workers Compensation Act. Altogether, there were 152 penalties ranging in size from $1,000 to $150,000, and which totaled more than $2.7 million in 2008.

WorkSafeBC reports that their inspection and investigation capacity have increased since 2007, in order to focus on higher-risk employers and industries, including gas stations, forestry operations, farm transport and construction sites. All told, in 2008, WorkSafeBC officers conducted 10 per cent more inspections (to approximately 33,000) and issued 20 per cent more orders (61,000 altogether) than in 2007.

The largest Occupational Health and Safety penalty issued last year came as a result of a deadly workplace incident in December, 2005, when EnCana Corporation was ordered to pay $150,000 after WorkSafeBC determined “inadequately trained workers” were falling trees measuring as much as 24 inches in diameter at a work site near Dawson Creek. As a result, an employee of subcontractor R-Test Contracting Ltd. died after being struck by two hung-up trees. As the prime contractor, EnCana failed to “do everything reasonably practicable to coordinate activities and to establish and maintain a system or process to ensure compliance,” which resulted in “a lack of first aid services and a lack of evacuation procedures that may have prevented the worker’s death,” according to WorkSafeBC. EnCana now requires all tree fallers to be certified, and has hired two full-time workers with faller skill sets to carry out field checks on similar contractors.

Depending on the size of the company and the seriousness of the infraction, WorkSafeBC can impose penalties as high as $519,000 for a first infraction, although they have rarely assessed such high penalties.

There have been calls for an increase in penalties, however. The British Columbia Federation of Labour, for example, have called for much higher fines, and suggested that for a fine to be effective, they have to be a real deterrent and not just an item on a company’s ledger. If there are enough calls for heftier fines, non-compliant companies could see an even greater risk to their bottom line, when they choose to roll the dice, rather than train workers properly.