On Feb. 21, 2024 in the Red Deer Court of Justice, Isolation Equipment Services Inc. pleaded guilty to one charge under the Occupational Health and Safety (OHS) Code for failing to take measures to eliminate the potential danger of equipment or material that was dislodged or moved. The Crown withdrew 28 other charges under OHS legislation. The company was sentenced on April 24.
The charges stem from an incident on a Red Deer construction site on Jan. 13, 2022. A worker operating an overhead crane was positioning a valve bonnet when the equipment released from the rigging, striking and pinning the worker. The worker sustained fatal injuries.
The company will pay $360,000 in total penalties, including a $1,000 fine. Under a creative sentence, $359,000 will be paid to Energy Safety Canada to develop supervisor and competency programs targeting those who work with new, young and inexperienced workers.
The Occupational Health and Safety Act provides a creative sentence option in which funds that would otherwise be paid as fines are directed to an organization or project to improve or promote workplace health and safety.
Both the company and the Crown have up to 30 days to appeal the conviction or penalties.
Alberta’s OHS laws set basic health and safety rules for workplaces across the province. They provide guidance for employers to help them ensure their workplaces are as healthy and safe as possible while providing rights and protections for workers. Charges under OHS laws may be laid when failing to follow the rules results in a workplace fatality or serious injury.
Quick facts
- Jobs, Economy and Trade does not provide sentence documents. These are available through the Red Deer Court of Justice.
- Victim fine surcharges apply to fines payable to the Crown. The $1,000 fine in this case includes the 20 per cent surcharge. Surcharges are not applied to payments to other entities, in this case Energy Safety Canada, under creative sentences.
- Fatality investigation summaries are posted to alberta.ca/fatality-investigation-reports 60 to 90 days after court proceedings conclude.