Convictions under the OHS Legislation

See list of convictions resulting from violations of Occupational Health and Safety (OHS) law.

Overview

After charges are laid, an employer, supervisor, worker, supplier, service provider, owner, contractor, prime contractor, self-employed person, or temporary staffing agency  can:

  • be acquitted
  • be found guilty
  • have their charges withdrawn or stayed

If found guilty

When the Court decides a work site party (defendant) is guilty, the convicted party may be sentenced with:

  • a fine
  • imprisonment
  • corporate probation
  • creative sentence

Or a combination of one or more of the above.

Fines

 Fines for a first offence under the OHS Act (Section 74(1) can be up to $500,000 and/or up to 6 months in prison per violation. If the defendant continues the first offence, they can also get an extra fine of up to $30,000 per day.

Fines for a second or subsequent offence can be up to $1,000,000 and/or up to 12 months in prison per violation. If the defendant continues the offence, they may also be subject to an extra fine of up to $60,000 for each day which the offence continues.

All fines are subject to a 15% Victim Surcharge

Corporate Probation

In certain circumstances, in addition to a fine, the court may order probation for a corporation. Conditions for probation may include safety training, public acknowledgment of the offense, third party audit of policies/procedures or any other condition the Court feels appropriate. Terms of probation are usually 6 months to 3 years.

Creative sentences

The OHS Act Sec. 75(1) provides additional powers of the Court to make directions. This type of sentencing diverts funds that would otherwise be paid as fines to third party recipients that promote occupational health and safety. These sentences are often referred to as creative or alternative sentences.

Examples of projects that promote occupational health and safety  include:

  • training or educational programs
  • research programs
  • scholarships for educational institutions offering studies in OHS and related disciplines
  • non-profit organizations for worker health and safety initiatives
  • any other purpose the Court considers appropriate to achieve healthy and safe work sites

Convictions

  • 2018

    Convicted is: 1046731 Alberta Ltd.

    Date of conviction: April 18, 2018

    Location of offence: Red Deer

    Date of offence: July 9, 2015

    Type: Reportable Incident

    Description: Three workers were throwing roofing material from the top of a commercial roofing project (school) when a worker was struck in the leg with the material. This caused the worker to lose balance and fall to the ground sustaining multiple injuries.

    Conviction: 1046731 Alberta Ltd. pled guilty to Section 2(1)(a)(i) of the Occupational Health and Safety Act. They were fined $70,000 inclusive of 15 % Victim Fine Surcharge.

    All other charges were withdrawn.

    Convicted is: The Driving Force Inc.

    Date of conviction: March 27, 2018

    Location of offence: Calgary

    Date of offence: July 11, 2014

    Type: Fatality

    Description: A mechanic was underneath a vehicle removing a faulty transmission switch; the vehicle rolled causing fatal injuries to the mechanic.

    Conviction: The Driving Force Inc. pled guilty to Section (2)(1)(a)(i) of the Occupational Health and Safety (OHS) Act, failure to ensure the health & safety of a worker engaged in the work of that employer. They were fined $1150 inclusive of the 15% Victim Fine Surcharge and placed on 2 years of Corporate Probation. In addition, they were ordered under OHS Act Section 41.1 to pay $172,500 in favour of bursaries for the Heavy Equipment Technician program and refresher training and safety equipment.

    The other charge was withdrawn.

    Convicted is: 1132734 Alberta Ltd. operating as Alta Injections Molding

    Date of conviction: March 21, 2018

    Location of offence: Airdrie

    Date of offence: September 14, 2015

    Type: Reportable Incident

    Description: A worker was attempting to unblock hardening plastic from a processing machine when built up pressure resulted in an explosion of molten plastic covering the workers face, hands and forearms. Worker was transported to hospital with serious injuries.

    Conviction: 1132734 Alberta Ltd. operating as Alta Injections Molding pled guilty to Section (2)(1)(a)(i) Occupational Health and Safety (OHS) Act. They were fined $69,000 inclusive of the 15% Victim Fine Surcharge and placed on 2 years of Corporate Probation.

    All other charges were withdrawn against 1132734 Alberta Ltd., operating as Alta Injections Molding.

    All charges were withdrawn against 1132734 Alberta Ltd. operating as Alta Machining & Mold Design, and 1132734 Alberta Ltd. operating as L & L Tool and Injection.

    Convicted is: McCoy Global Canada Corp.

    Date of conviction: March 12, 2018

    Location of offence: Edmonton

    Date of offence: December 22, 2014

    Type: Reportable Incident

    Description: A worker was preparing to remove the drill bit from a radial drill press while it was in a neutral position when the drill inadvertently engaged, catching the front of the worker's coveralls. The worker was pulled into the drill press causing serious injuries to the worker.

    Conviction: McCoy Global Canada Corp. pled guilty to Section 310(2)(a) of the Occupational Health and Safety Code for failing to provide safeguards if a worker may accidentally, or through the work process, come into contact with moving parts of machinery. They were fined $5000 inclusive of Victim Fine Surcharge. Additionally, they were ordered under the Occupational Health and Safety Act Section 41.1 to pay $77,250 in favour of the Alberta Construction Safety Association and the Manufacturing Health & Safety Association to develop educational and training programs concerning guarding and related topics.

    All other charges were withdrawn against McCoy Global Canada Corp.

    All charges were withdrawn against: McCoy Global Canada Corp. O/A McCoy Global Canada; McCoy Global Canada Corp. O/A McCoy Global; McCoy Global Inc. O/A McCoy Global; and McCoy Global Inc.

    Convicted is: City of Edmonton

    Date of conviction: March 6, 2018

    Location of offence: Edmonton

    Date of offence: June 6, 2015

    Type: Serious Injury

    Description: A bin truck driver employed by the City of Edmonton, parked a truck in a designated location inside a waste management facility and walked to the rear of the truck to unlock the bin tail gate. A second City of Edmonton worker operating a front end loader drove into the bin truck. The bin truck driver's arm was pinned between the bin and the front end loader bucket causing a severe crush injury.

    Conviction: City of Edmonton pled guilty to Section 194(1) of the Occupational Health and Safety Code, as an employer, failed to ensure vehicle traffic was controlled at a work site that was potentially dangerous to a worker on foot or in a vehicle. They were fined $1000 inclusive of the 15% Victim Fine Surcharge. In addition, they were ordered under the Occupational Health and Safety Act Section 41.1 to pay $114,000 for the purchase of a Myoelectric Prosthesis for the injured worker.

    All other charges were withdrawn against the City of Edmonton.

    All charges were withdrawn against Bohdan Kachmar.

    Convicted is: City of Edmonton

    Date of conviction: March 5, 2018

    Location of offence: Edmonton

    Date of offence: April 22, 2015

    Type: Fatality

    Description: A worker was unloading reclaimed street sweepings from a dump truck at the employer's facility. While the worker was at the rear of the truck, the sweepings unexpectedly spilled from the elevated dump box and buried the worker. The worker suffered fatal injuries as a result.

    Conviction: City of Edmonton pled guilty to Section 189 of Occupational Health and Safety (OHS) Code, being an employer, failed to ensure material that could be dislodged, moved or spilled was contained, restrained or protected to eliminate potential danger to workers. They were fined $85,500 inclusive of the 15% Victim Fine Surcharge. In addition, they were ordered under the OHS Act Section 41.1 to pay $214,500 in favour of AMTA (Alberta Motor Transportation Association) to develop competencies and safety training for use and operation of aggregate hauling equipment.

    All other charges were withdrawn.

    Convicted is: WCS Western Canadian Steel Inc.

    Date of conviction: January 29, 2018

    Location of offence: Lloydminster

    Date of offence: December 15, 2014

    Type: Reportable Incident

    Description: A worker was on the roof of a building seaming metal panels when the worker lost footing and slid off of the roof. The worker's fall protection system failed as a direct result of the anchor point failing. The worker fell 5.5 metres to the ground and sustained serious injuries.

    Conviction: WCS Western Canadian Steel Inc. pled guilty to Section 189 of the Occupational Health and Safety (OHS) Code, failure to ensure equipment was contained, restrained or protected to eliminate potential danger. They were fined $90,000 inclusive of the 15% Victim Fine Surcharge.

    All other charges were withdrawn.

    Convicted is: Rockshore Homes Ltd.; Darren Richard Dyck

    Date of conviction: January 26, 2018

    Location of offence: Fort Saskatchewan

    Date of offence: November 26, 2014

    Type: Reportable Incident

    Description: A worker fell approximately 5 metres from a second storey work platform while installing a window on a new two-storey single family home. The worker was seriously injured.

    Conviction: Rockshore Homes Ltd. pled guilty to Section 3(3) of the Occupational Health and Safety (OHS) Act, failure to ensure, as prime contractor, that the OHS Act, the regulations and the adopted code were complied with in respect of the work site. On January 26, 2018, they were fined $25,000 plus the 15% Victim Fine Surcharge (VFS) for a total fine of $28,750; they were also placed on 2 years of Corporate Probation.

    All other charges were withdrawn.

    Darren Richard Dyck pled guilty to Section 2(1)(a)(i) of the OHS Act, failure to ensure the safety of a worker. On December 7, 2017, he was fined $6,335.00 inclusive of VFS.

    All other charges were withdrawn.

    Convicted is: Nelson Lumber Company Ltd.

    Date of conviction: January 18, 2018

    Location of offence: Morinville

    Date of offence: July 14, 2015

    Type: Reportable Incident

    Description: A worker was using a pull saw to cut some pieces of lumber when the worker's hand came into contact with the saw blade, causing a serious injury.

    Conviction: Nelson Lumber Company Ltd. pled guilty to Section 13(1)(a) of the Alberta Regulation, failure to ensure work was done by a competent worker if the work may endanger a worker. They were fined $95,000 inclusive of the 15% Victim Fine Surcharge.

    All other charges were withdrawn.

  • 2017

    Convicted is: River Valley Crushing Ltd.

    Date of conviction: December 8, 2017

    Location of offence: Barrhead

    Date of offence: October 8, 2015

    Type: Reportable Incident

    Description: A worker was in a rock washer fixing the auger when the system energized. The worker was caught in the auger as it rotated and seriously injured.

    Conviction: River Valley Crushing Ltd. pled guilty to Section 212 of the Occupational Health and Safety Code, failure to ensure that if machinery or equipment was to be serviced, repaired, tested, adjusted or inspected, that no worker performed such work on the machinery or equipment until it had come to a complete stop, and all hazardous energy at the location was isolated by activation of an energy-isolating device and the energy-isolating device was secured in accordance with Section 214, 215 or 215.1 as designated by the employer or the machinery or equipment was otherwise rendered inoperative in a manner that prevented its accidental activation and provided equal or greater protection than the protection afforded under Section 212(1)(a). They were fined $100,000 inclusive of 15% Victim Fine Surcharge.

    All other charges were withdrawn.

    Convicted is: Northface Mechanical Ltd.

    Date of conviction: December 4, 2017

    Location of offence: Edmonton

    Date of offence: November 10, 2014

    Type: Fatality

    Description: A worker was given direction to service a heating, ventilation, air conditioning (HVAC) unit on the roof of a 2 story commercial building. The worker was found on the ground next to a fixed ladder that was the only external access to the roof. The worker suffered fatal injuries as a result of the incident.

    Conviction: Northface Mechanical Ltd. pled guilty to Section 2(1)(a)(i) of the Occupational Health and Safety (OHS) Act. They were fined $100,000 plus the 15% Victim Fine Surcharge of $15,000 and placed on 1.5 years of Corporate Probation. Additionally, they were ordered under OHS Act Section 41.1 to pay $100,000 in favour of the Mechanical Contractors Association of Alberta (MCA) for the purpose of funding the proposal by the MCA to create safety programs targeted at small to mid-sized companies involved in the mechanical trades.

    All other charges were withdrawn.

    Convicted is: Cedarglen Living Inc.

    Date of conviction: November 16, 2017

    Location of offence: Calgary

    Date of offence: July 23, 2014

    Type: Reportable Incident

    Description: A worker received serious injuries when a load of materials fell on the worker while the material was being unloaded from a trailer.

    Conviction: Cedarglen Living Inc. pled guilty to Section 2(1)(a)(ii) of the Occupational Health and Safety (OHS) Act, failure to ensure the health and safety of workers not engaged in the work of the employer that were present at the work site.

    Cedarglen Living Inc. was sentenced with a fine of $45,000 plus a 15% Victim Fine Surcharge of $6,750 and placed on 1.5 years of Corporate Probation.

    All other charges against Cedarglen Living Inc. were withdrawn

    All charges against S.A.C. Construction Ltd. were withdrawn

    Convicted is: Haya Homes Ltd., Sahib Contracting Inc., Sukhwinder Nagra

    Date of conviction: November 1, 2017

    Location of offence: Edmonton

    Date of offence: April 28, 2015

    Type: Fatality

    Description: A labourer was in a trench to connect a new sewer line to a residential home under construction when a trench wall collapsed and fatally injured the worker.

    Conviction: Haya Homes Ltd. pled guilty to Section 3(3) of the Occupational Health and Safety (OHS) Act; as prime contractor, they failed to ensure the OHS Act, the regulations and the code were complied with at the work site. On May 23, 2017, Haya Homes Ltd. was fined $111,250 inclusive of Victim Fine Surcharge (VFS) and placed on 2 years of corporate probation. In addition, they were ordered under OHS Act Section 41.1 to pay $50,000 in favour of the Bissell Centre to support safety training workshops for their employment services clients.

    All other charges were withdrawn.

    Sahib Contracting Inc. pled guilty to Section 2(1)(a)(i) of the OHS Act, as an employer, failing to protect the health and safety of a worker. On November 1, 2017, Sahib Contracting Inc. was sentenced to a fine of $425,000 plus VFS of $63,750 for a total penalty of $488,750.

    All other charges were withdrawn.

    Sukhwinder Nagra pled guilty to 2(2)(a) of the OHS Act, as a worker engaged in an occupation, failure to protect the health and safety of another worker. Mr. Nagra was also the director of Sahib Contracting Inc. On November 1, 2017, Sukhwinder Nagra was sentenced to 4 months in jail plus a $100 victim fine surcharge.

    All other charges were withdrawn.

    Convicted is: Bird Construction Company, a limited liability partnership, by its general partner Bird Management Ltd.

    Date of conviction: October 27, 2017

    Location of offence: Fort McMurray

    Date of offence: September 25, 2012

    Type: Fatality

    Description: While working alone, a worker was drilling panels over a holding tank and fell into the tank and drowned. The worker was discovered the following morning.

    Conviction: Bird Construction Company pled guilty to Section 139(1)(c) of the Occupational Health and Safety Code, failure to ensure a worker used a fall protection system where the worker could fall into a hazardous substance or through an opening in a work surface. They were fined $300,000 plus 15% Victim Fine Surcharge for a total fine of $345,000.

    All other charges were withdrawn.

    Convicted is: 1800375 Alberta Ltd.

    Date of conviction: September 5, 2017

    Location of offence: Calgary

    Date of offence: May 27, 2014

    Type: Reportable Incident

    Description: Workers were constructing an exterior wall on the ground of the second floor of a new residential house. The wall extended past the support of the second floor due to a loft design. One worker went to cut a section of the wall when a temporary structure supporting the overhanging wall gave way. The worker fell approximately 10 feet to the first floor sustaining serious injuries.

    Conviction: 1800375 Alberta Ltd. was convicted of:

    • Section 2(1)(a)(i) of the Occupational Health and Safety (OHS) Act, failure to ensure the health and safety of a worker(s)
    • Section 139(1)(a) of the OHS Code, failure to ensure worker was wearing fall protection where there was a danger of worker falling 3 metres or more
    • Section 181(1) of the OHS Code, failure to ensure there were qualified first aiders on the work site

    A conditional stay was granted for the charge of Section 140(1) of the OHS Code, failure to ensure there was a Fall Protection Plan (FPP) developed.

    1800375 Alberta Ltd. was fined $80,000 plus the Victim Fine Surcharge for a total fine of $92,000. The company also received 2 years of Corporate Probation.

    All other charges were withdrawn against 1800375 Alberta Ltd.

    All charges were withdrawn against Tuan Luu and 897590 Alberta Ltd., operating as Marciano Contracting.

    Convicted is: Worley Parsons Cord Teamco Ltd. (formerly known as Teamco Construction Services Limited)

    Date of conviction: August 22, 2017

    Location of offence: Red Water

    Date of offence: March 10, 2015

    Type: Reportable Incident

    Description: Workers were erecting a steel structure and attempting to reposition a column when four tack welds failed that connected the column to the base plate. The column fell and seriously injured the supervisor.

    Conviction: Worley Parsons Cord Teamco Ltd. pled guilty to Section 190(2)(c) of the Occupational Health and Safety Code, failure to ensure erection drawings and procedures for connecting the structural parts of a skeleton structure ensured that the structure was stable during assembly. They were fined $75,000 inclusive of the victim fine surcharge.

    All other charges were withdrawn.

    Convicted is: Arctic Air Solutions Inc.

    Date of conviction: August 11, 2017

    Location of offence: Edmonton

    Date of offence: July 22, 2015

    Type: Reportable Incident

    Description: A new-hire worker was preparing to begin their first day of work on a 4-storey condominium project. The worker was required to move supplies on the roof when the worker slipped and slid down the roof. The worker, who was using a personal fall arrest system that was incorrectly set up, fell from the roof to the ground.

    Conviction: Arctic Air Solutions Inc. pled guilty to Section 141(1) of the Occupational Health and Safety Code, for failure to ensure a worker was trained in the safe use of the fall protection system. They were fined $40,000 inclusive of Victim Fine Surcharge and placed on 18 months of Corporate Probation.

    All other charges were withdrawn.

    Convicted is: Screamworks Incorporated

    Date of conviction: July 25, 2017

    Location of offence: Calgary

    Date of offence: October 12, 2013

    Type: Reportable Incident

    Description: A worker sustained permanent blindness while working at a Zombie Paintball event at Screamfest when shot with a paintball gun/marker by a paying customer.

    Conviction: Screamworks Incorporated was sentenced on Section 12(d) of the Occupational Health and Safety Code, failure to ensure equipment was handled in accordance with manufacturer's specifications. They were ordered under Occupational Health and Safety Act Section 41.1 to pay $50,000 in favour of Alberta Association for Safety Partnerships (AASP) and placed on 18 months of Corporate Probation.

    All other charges were withdrawn.

    Convicted is: Tarpon Energy Services Ltd.

    Date of conviction: June 30, 2017

    Location of offence: Leslieville

    Date of offence: December 4, 2014

    Type: Reportable Incident

    Description: A gas fitter apprentice and labourer were inside a cargo trailer attempting to light a propane space heater using a hand held ignitor torch. After several failed attempts, while the propane continued to flow, one of the workers again struck the switch on the ignitor torch. A flash fire and explosion occurred resulting in serious injuries to both workers.

    Conviction: Tarpon Energy Services Ltd. pled guilty to Section 12(1)(a) Occupational Health and Safety Regulation. They were fined $5000 inclusive of 15% Victim Fine Surcharge. In addition, they were ordered, under Occupational Health and Safety Act Section 41.1, to pay $95,000 in favour of ACSA (Alberta Construction Safety Assn) & Safety in Schools to fund training materials for safety working with propane.

    All other charges against Tarpon Energy Services Ltd. were withdrawn.

    The charge against Penn West Petroleum Ltd. was withdrawn.

    Convicted is: Contour Earthmoving Ltd.

    Date of conviction: May 31, 2017

    Location of Offence: Rocky View

    Date of Offence: September 8, 2014

    Type: Fatality

    Description: A worker was using a forklift to move a Caterpillar cab from a painting bay to an alternate work bay. Two workers were walking alongside the forklift next to the unsecured cab. The cab shifted and one worker tried unsuccessfully to stop it from falling. The cab fell and pinned the worker on the ground, resulting in fatal injuries to the worker.

    Conviction: Contour Earthmoving Ltd. pled guilty to section 258(1)(a) of the Occupational Health and Safety Code, failure to ensure workers remained out of range of powered mobile equipment moving a load that created a danger to the workers. They were fined $175,000 inclusive of the 15% Victim Fine Surcharge and placed on 16 months of Corporate Probation.

    All other charges were withdrawn.

    Convicted is: Tarpon Energy Services Ltd.

    Date of conviction: May 5, 2017

    Location of offence: Calgary

    Date of offence: August 1, 2014

    Type: Serious Injury

    Description: A worker fell from a rolling ladder when it tipped over resulting in serious injuries to the worker.

    Conviction: Tarpon Energy Services Ltd. pled guilty to Section 137(1) of the Occupational Health and Safety (OHS) Code, failure to ensure a worker used a personal fall arrest system when on a portable ladder from which the worker could fall 3 metres or more. They were fined $5000 inclusive of 15% Victim Fine Surcharge. In addition, they were ordered under OHS Act Section 41.1 to pay $75,000 in favour of Safety in Schools Foundation of Canada and Alberta Construction Safety Association (ACSA).

    All other charges were withdrawn.

    All charges against Tarpon Energy Services (Structures) Ltd. and Warwick Structures Group Ltd. were withdrawn.

    Convicted is: Brayford Trucking Ltd.

    Date of conviction: April 28, 2017

    Location of offence: Fort McMurray

    Date of offence: March 14, 2014

    Type: Fatality

    Description: Two mobile equipment operators were operating track hoe excavators on a berm of material that was sitting on a sheet of ice. One of the excavators broke through the ice and sank into the water below with the operator inside. The operator did not survive.

    Conviction: Brayford Trucking Ltd. pled guilty to Section 15(1) of the Occupational Health and Safety (OHS) Regulation, failure to ensure its worker was trained in the safe operation of equipment; they also pled guilty to Section 195(2) of the OHS code, failure to test the ice before work was to begin on ice that had water beneath any deeper than 1 metre. They were fined $100,000 inclusive of the 15% victim fine surcharge and 2 years of corporate probation.

    All other charges were withdrawn.

    Convicted is: Suncor Energy Inc.

    Date of conviction: April 24, 2017

    Location of offence: Fort McMurray

    Date of offence: January 19, 2014

    Type: Fatality

    Description: An upgrade supervisor saw a trail of water flowing near the road in the area of a tailings sand dump. The upgrade supervisor informed the shift supervisor that he was going to check for the source of the water. An hour later, when there had been no further contact with the upgrade supervisor, a search began. The upgrade supervisor's pick-up truck was located and there were tracks in the snow going from the truck towards the pipeline. A safety vest was located on top of an undercut hole in the tailings sand. The hole was about 10-12 feet deep. The upgrade supervisor was found deceased at the bottom of the hole.

    Conviction: Suncor Energy Inc. pled guilty to Section 2(1)(a)(i) of the Occupational Health and Safety (OHS) Act, failure to protect the health and safety of a worker.  They were fined $15,000 inclusive of the 15% victim fine and a creative sentence under the OHS Act Section 41.1 for $285,000 in favour of Lynch School of Engineering Safety (U of AB Engineering faculty) for a 2 year research project into safety hazards related to tailings storage facilities.

    All other charges were withdrawn.

    Convicted is: Arjon Construction Ltd.

    Date of conviction: April 21, 2017

    Location of offence: Drumheller

    Date of offence: July 19, 2014

    Type: Fatality

    Description: A 15 year old worker was working in close proximity to an operational gravel crushing conveyor system. The worker contacted a moving lower tail pulley conveyor belt and was fatally injured.

    Conviction: Arjon Construction Ltd. pled guilty to Section 310(2)(a) of the Occupational Health and Safety Code, failure to provide safeguards to prevent workers from coming into contact with moving parts of machinery. They were fined $50,000 inclusive of VFS and placed on 2 years of Corporate Probation. In addition, they were ordered under Occupational Health and Safety Act Section 41.1 to pay $200,000 in favour of Alberta Sand and Gravel Assn (ASGA), Safety in Schools (SIS), Alberta Construction Safety Assn (ACSA), Alberta Roadbuilders & Heavy Construction Assn (ARHCA) to support the proposal to create best practices, youth campaign and courses for the sand and gravel industry.

    All other charges were withdrawn.

    Convicted is: 1233025 Alberta Ltd. trading as Great North Roofing and Sunnyside Lane Developments Ltd.

    Date of conviction: April 21, 2017

    Location of offence: Grande Prairie

    Date of offence: November 26, 2013

    Type: Reportable Incident

    Description: A worker was preparing to shingle the roof of a two story home. The roofer walked across the roof to get another roll of paper, lost footing and fell approximately 7.9 m to the ground. The worker did not have a fall protection system connected at the time of the fall. The worker sustained serious injuries and spent more than two days in the hospital.

    Conviction: 1233025 Alberta Ltd. trading as Great North Roofing pled guilty to Section 2(1)(a)(i) of the Occupational Health and Safety Act, failure to ensure the health and safety of a worker. On April 13, 2017, they were fined $100,000 plus the 15% victim fine surcharge of $15,000.

    All other charges were withdrawn.

    Sunnyside Lane Developments Ltd. pled guilty to Section 3(3) of the Occupational Health and Safety Act, failure to ensure, as prime contractor, that the OHS Act, regulations and code were complied with in respect to the work site. On April 21, 2017, they were fined $80,000 plus 15% victim fine surcharge of $12,000.

    All other charges were withdrawn.

    Convicted is: Heritage Commercial Roofing Ltd.

    Date of conviction: April 20, 2017

    Location of offence: Clairmont

    Date of offence: December 4, 2014

    Type: Fatality

    Description: Several workers were on the roof of a commercial building clearing snow in order to prepare for re-roofing activities. While pushing snow off the roof through an unguarded opening, a worker fell from the roof (approximately 8.2 metres (27 feet)) to the ground below and sustained fatal injuries as a result of the fall.

    Conviction: Heritage Commercial Roofing Ltd. pled guilty to Section 139(1)(a) of the Occupational Health and Safety Code for failing to protect a worker from a work area where a worker could fall a vertical distance of 3 metres or more. They were fined $150,000 plus the 15% victim fine surcharge of $22,500 and 2 years of corporate probation.

    All other charges were withdrawn against Heritage Commercial Roofing Ltd.

    All charges were withdrawn against Heritage Roofing Ltd. and 1431379 AB Ltd.

    Convicted is: Rock Hard Excavating Ltd. and Southwood Trucking Ltd.

    Date of conviction: April 20, 2017

    Location of offence: Grande Prairie

    Date of offence: April 9, 2014

    Type: Reportable Incident

    Description: Two workers were working together conducting welding repairs inside an underground sewage system manhole. The South Wood Trucking worker received serious burns as a result of a fire that occurred while the worker was welding inside the manhole.

    Conviction: Rock Hard Excavating Ltd. pled guilty to Section 2(1)(a)(i) of the Occupational Health and Safety Act, failure to protect the health and safety of a worker. On March 24, 2017, they were fined $115,000 plus the 15% victim fine surcharge of $17,250.

    South Wood Trucking Ltd. pled guilty to Section 2(1)(a)(i) of the Occupational Health and Safety Act, failure to protect the health and safety of a worker. On April 20, 2017, they were fined $30,000 plus 15% victim fine surcharge of $4500 and a creative sentence, Section 41.1, of $50,000 in favour of 2 new trauma rooms at the QEII Hospital Foundation.

    All other charges were withdrawn.

    Convicted is: Marra Concrete Ltd.

    Date of conviction: February 23, 2017

    Location of offence: Calgary

    Date of offence: September 23, 2013

    Type: Serious Injury

    Description: Two workers under the direction of Marra Concrete Ltd., one an employee of Marra Concrete Ltd. and the other a temporary worker from a placement company, were preparing a basement in a pre-existing residence for renovation. The work involved cutting out portions of the concrete floor to install new foundations for new support posts. During the work, one worker was overcome by carbon monoxide and the second worker was less severely impacted by carbon monoxide exposure.

    Conviction: Marra Concrete Ltd. pled guilty to the following:

    • Section 2(1)(a)(i) of the Occupational Health and Safety (OHS) Act, failing to ensure the health and safety of worker 1 and were fined $100,000 plus the 15% victim fine surcharge (VFS) of $15,000
    • Section 2(1)(a)(i) of the OHS Act, failing to ensure the health and safety of worker 2 and were fined $100,000 plus VFS of $15,000
    • Section 12(d) of the Occupational Health and Safety (OHS) Code, failing to ensure equipment was operated or handled according to manufacturer's specifications and were fined $50,000 plus VFS of $7500
    • Section 16(2) of the OHS Code, failing to ensure Worker 1 was not exposed to excess carbon monoxide and were fined $50,000 plus VFS of $7500
    • Section 16(2) of the OHS Code, failing to ensure Worker 2 was not exposed to excess carbon monoxide and were fined $50,000 plus VFS of $7500 Total fines, including VFS, were $402,500.

    All other charges were withdrawn.

    Convicted is: Vital Contracting Ltd.

    Date of conviction: February 14, 2017

    Location of offence: Lacombe

    Date of offence: July 22, 2014

    Type: Reportable Incident

    Description: A young worker (14 years of age) was removing shingles from a residential construction project when the worker slipped and fell off the roof approximately 3.7 meters. The worker was wearing fall protection, but it was improperly adjusted. The worker received minor injuries and was released from hospital that day.

    Conviction: Vital Contracting Ltd. pled guilty to Section 2(1)(a)(i) of the Occupational Health and Safety Act, failing to protect the health and safety of a worker. They were fined $65,000 inclusive of the 15% victim fine surcharge (VFS).

    All other charges were withdrawn.

    Vital Contracting Ltd. also pled guilty to Employment Standards Code Section 65(2) and Section 128(d) and were fined $10,000 per section violation inclusive of VFS. Lee Northrup pled guilty to Section 65(2) of the Employment Standards Code and was fined $4000.00 inclusive of VFS. Kalika Northrup pled guilty to Section 128(d) of the Employment Standards Code and was fined $1000.00 inclusive of VFS. Kalika Northrup was personally ordered to pay $80 to the Director of Employment Standards in favour of the worker for unpaid wages in accordance with Employment Standards Code Section 132(2).

    Convicted is: Lignin Industries Ltd.

    Date of conviction: February 2, 2017

    Location of offence: Grande Cache

    Date of offence: February 6, 2014

    Type: Reportable Incident

    Description: A chainsaw operator was cutting down one tree when that tree fell and struck another tree. On impact, the second tree broke and fell, striking the operator. The operator’s coworker called for assistance. Due to the remote location, it took approximately five hours to evacuate the worker to hospital. The worker was transported by STARS to University of Alberta hospital with serious injuries.

    Conviction: Lignin Industries Ltd. was found guilty on November 29, 2016, to Section 2(1)(a)(i) of the Occupational Health and Safety Act, failing to ensure the health and safety of a worker and Section 518(4)(b) of the Occupational Health and Safety Code, failing to ensure that a worker cutting timber and/or felling a tree made a correct notch at the butt of a tree. On February 2, 2017, Lignin Industries Ltd. was sentenced with a $65,000 fine, inclusive of the 15% victim fine surcharge and 18 months of corporate probation.

    The third charge was conditionally stayed.

    Convicted is: Vincent Bishop

    Date of conviction: January 10, 2017

    Location of offence: Dead Man’s Flats

    Date of offence: June 21, 2014

    Type: Reportable Incident

    Description: An underground utility crew was installing a water pipeline when a worker entered a portion of the straight cut trench that was approximately 3.9 metres deep. The trench wall caved-in onto the worker. The worker was extracted by the crew, and transported to hospital. The worker sustained permanent life-altering injuries from the incident.

    Conviction: Vincent Bishop pled guilty to Section 2(2)(a) of the Occupational Health and Safety Act. He was fined $30,000 plus the 15% victim fine surcharge of $4500.

    All other charges were withdrawn against V.J. Bishop Excavating Ltd. & Bremner Engineering and Construction Ltd.

  • 2016

    Convicted is: Husky Oil Operations Ltd.

    Date of conviction: October 20, 2016

    Location of Offence: Athabasca

    Date of Offence: June 1, 2013

    Type: Fatality

    Description: A worker who was using an ATV to check on well sites did not check in as scheduled and was found four days later next to an upside down ATV. The worker was transported to hospital and pronounced deceased.

    Conviction: Husky Oil Operations Ltd. pled guilty to Section 394(1) of the Occupational Health & Safety Code. They were fined $200,000 inclusive of the 15% victim fine surcharge.

    The other charge was withdrawn.

    The charge was withdrawn against Michael Siegmund Sowada.

    Convicted is: Roll’n Oilfield Industries, Ltd.

    Date of conviction: October 17, 2016

    Location of Offence: Edson

    Date of Offence: October 18, 2012

    Type: Serious Injury

    Description: A Kelly hose from a rig released while under pressure resulting in the serious injury of two workers.

    Conviction: Roll’n Oilfield Industries, Ltd. pled guilty to Section 12(a) of the Occupational Health and Safety Code and was fined $102,500 plus Victim Fine Surcharge of $15,375.

    All other charges were withdrawn.

    All charges were withdrawn against Peyto Exploration & Development Corp.

    Convicted is: Western Weather Protector Ltd.

    Date of conviction: September 1, 2016

    Location of Offence: Calgary

    Date of Offence: April 24, 2014

    Type: Reportable Incident

    Description: Workers were measuring for a chalk line on a commercial flat roof. A 22 year old new worker was walking backwards with the measuring tape, tripped on the gutter edge and fell approximately 6 meters. The worker was transported to hospital by EMS. The worker suffered serious injuries which required more than two days in hospital.

    Conviction: Western Weather Protector Ltd. pled guilty to Section 2(1)(a)(i) of the Occupational Health and Safety Act and was fined $80,000 inclusive of the victim fine surcharge.

    All other charges were withdrawn.

    Convicted is: Stixx Construction o/a Cribb-itt Foundations

    Date of conviction: August 31, 2016

    Location of Offence: Cold Lake

    Date of Offence: July 28, 2013

    Type: Serious Injury

    Description: Workers were in the process of removing forms from a residential new construction foundation. A cage containing forms was being lowered by a crane into the space between the exterior of the foundation and the edge of the excavation. The cage came into contact with the edge of the foundation and several of the forms fell onto a worker causing serious injuries.

    Conviction: Stixx Construction o/a Cribb-itt Foundations pled guilty to Section 2(1)(a)(i) of the Occupational Health and Safety Act. They were fined $100,000 plus the 15% victim fine surcharge of $15,000 and 18 months of corporate probation.

    All other charges were withdrawn.

    Convicted  is: 1702714 Alberta Ltd.: DDR Propane and Equipment Rentals Ltd.

    Date of conviction: August 22, 2016

    Location of Offence: Edmonton

    Date of Offence: December 17, 2013

    Type: Reportable Incident

    Description: Two workers were installing gas fired, infra-red portable construction heaters in the basements of 4-plexes under construction to heat up the cement block walls and the basement floors. When one worker went to light up the heater, an explosion occurred seriously injuring the worker.

    Conviction: 1702714 Alberta Ltd., operating as DDR Propane and Equipment Rentals Ltd., pled guilty to Section 2(1)(a)(i) of the Occupational Health and Safety Act. They were fined $65,000.00 inclusive of the Victim Fine Surcharge and placed on 6 months Corporate Probation.

    All other charges were withdrawn.

    Convicted  is: Kavanaugh Investments Ltd.

    Date of conviction: July 4, 2016

    Location of Offence: Lloydminster

    Date of Offence: August 18, 2013

    Type: Serious Injury

    Description: A worker was in the process of inflating a new 16 inch tire on a 16.5 inch rim when the tire exploded. The tire/rim struck the worker in the head causing a serious injury.

    Conviction: Kavanaugh Investments Ltd. pled guilty to Section 2(1)(a)(i) of the Occupational Health and Safety (OHS) Act. They were fined $5000 plus a 15% Victim Fine Surcharge of $750, and were ordered under OHS Act Section 41.1 to pay $97,750 to the Alberta Motor Transport Association (AMTA) for a creative sentence to develop a shop safety entry level course.

    All other charges were withdrawn.

    Convicted is: MacKay Construction Ltd

    Date of conviction: May 11, 2016

    Location of offence: Blackfalds

    Date of offence: August 15, 2014

    Type: Reportable Incident

    Description: Three workers were in the process of moving a truss to the second floor of a residential construction project when one of the workers fell approximately 6.4 meters and was seriously injured.

    Conviction: MacKay Construction Ltd. pled guilty to Section 2(1)(a)(i) of the Occupational Health and Safety Act. They were fined $10,000 plus the 15% victim fine surcharge of $1500, and a Section 41.1 Order prohibiting Mackay Construction Ltd from engaging in residential construction or employing workers for a period of 18 months.

    All other charges were withdrawn.

    Convicted is: Homeland Oilwell Servicing Ltd

    Date of conviction: May 4, 2016

    Location of offence: Fishing Lake

    Date of offence: July 4, 2013

    Type: Reportable Incident

    Description: A worker was struck by a 36" wrench that was under tension, which caused the worker to fall nearly more than 11 feet to the ground and sustain serious injuries.

    Conviction: Homeland Oilwell Servicing Ltd pled guilty to Section 2(1)(a)(i) of the Occupational Health and Safety (OHS) Act. They were fined $45,000 inclusive of victim fine surcharge and $45,000 payable to the William Desjarlais Memorial Bursary pursuant to Section 41.1 of the OHS Act.

    All other charges were withdrawn.

    Convicted is: TMK IPSCO Canada, Ltd.

    Date of conviction: April 28, 2016

    Location of offence: Strathcona County

    Date of offence: October 17, 2013

    Type: Fatality

    Description: A worker was hit by a pipe that was coming in from outside via a conveyor system, while the worker was holding a piece of pipe that had been cut by a saw, causing fatal injuries.

    Conviction: TMK IPSCO Canada, Ltd. pled guilty to Section 310(2)(h) of the Occupational Health and Safety Code and was fined $300,000 inclusive of the Victim Fine Surcharge. One significant mitigating factor was that TMK IPSCO Canada, Ltd. has established a scholarship fund for the deceased worker’s two daughters in the amount of $100,000 to provide each with up to $50,000 to pursue post-secondary education. This was not a Section 41.1 Order but rather something the company proactively did in early 2014, well before charges were laid.

    All other charges were withdrawn.

    Convicted is: Stony Valley Contracting Ltd.

    Date of conviction: March 9, 2016

    Location of offence: Fort McMurray

    Date of offence: June 6, 2013

    Type: Serious Injury

    Description: A worker was in the process of removing a chunk of lodged asphalt from a feeder hopper when the loader operator dumped a bucket load of cold asphalt into the feeder, burying the worker.

    Conviction: Stony Valley Contracting Ltd. pled guilty to Section 2(1)(a)(i) of the Occupational Health and Safety Act and was fined $20,000 inclusive of the victim fine surcharge and received 18 months of Corporate Probation.

    All other charges were withdrawn.

    Convicted is: POS Construction Ltd.

    Date of conviction: March 4, 2016

    Location of offence: Calgary

    Date of offence: March 18, 2013

    Type: Fatality

    Description: A drywall finisher/taper received fatal injuries when the worker was pinched between the Genie articulating boom lift the worker was operating, and a ceiling bulkhead.

    Conviction: POS Construction Ltd. pled guilty to Section 15(1) of the Occupational Health and Safety Regulation and was sentenced to a fine of $150,000, inclusive of victim surcharge, and 2 years Corporate Probation.

    All remaining counts were withdrawn against POS Construction Ltd. and Jim Lim Young.

    Convicted is: Suncor Energy Inc.

    Date of conviction: February 25, 2016

    Location of offence: Fort McMurray

    Date of offence: April 24, 2012

    Type: Reportable Incident

    Description: A worker attempting to depressurize an outlet valve was sprayed with hot bitumen. The worker received second degree burns.

    Conviction: Suncor Energy Inc. pled guilty to Section 119(4) of the Occupational Health and Safety Code and was fined $75,000 inclusive of Victim Fine Surcharge.

    All remaining charges were withdrawn.

    Convicted is: Vanderwell Contractors (1971) Ltd.

    Date of conviction: February 18, 2016

    Location of offence: Slave Lake

    Date of offence: February 3, 2014

    Type: Fatality

    Description: A worker was conducting saw mill start up duties when the worker was struck and fatally injured by a front end loader in the yard.

    Conviction: Vanderwell Contractors (1971) Ltd. pled guilty to Section 2(1)(a)(i) of the Occupational Health and Safety Act and were fined $25,000, inclusive of Victim Surcharge. Additionally, they were ordered a creative sentence under the Occupational Health and Safety Act Section 41.1 to pay $300,000 to Northern Lakes College to develop a Powered Mobile Equipment Safety Training Program.

    All remaining counts were withdrawn.

    Convicted is: 1591107 Alberta Ltd.

    Date of conviction: February 2, 2016

    Location of offence: Conklin

    Date of offence: February 10, 2013

    Type: Reportable Incident

    Description: Two workers were travelling along an access road to reset sections of pipe onto pipe stands. One worker was operating a 977PL Caterpillar pipelayer when the side boom failed, causing it to fall onto the Pipeline Labourer. The Pipeline Labourer sustained serious injuries to their face and torso.

    Conviction: 1591107 Alberta Ltd. pled guilty to Section 12(a) of the Occupational Health and Safety Code. The Court accepted a joint submission for a total penalty of $85,000 which included a $5000 fine inclusive of victim fine surcharge and an $80,000 s. 41.1 Order in favour of STARS.

    All other counts were withdrawn.

    Convicted is: Precision Drilling Corporation

    Date of conviction: January 28, 2016

    Location of offence: Edson

    Date of offence: March 19, 2013

    Type: Other Incident

    Description: A rig worker was removing a winch line from the back of the laid-down derrick when the worker lost their footing and fell approximately 6 metres.

    Conviction: Precision Drilling Corporation pled guilty to Section 2(1)(a)(i) of the Occupational Health and Safety Act and was sentenced on January 28, 2016 with a fine of $115,000 inclusive of the victim surcharge.

    All other counts were withdrawn.

    Convicted is: 938769 Alberta Ltd.

    Date of conviction: January 26, 2016

    Location of offence: Priddis

    Date of offence: April 11, 2013

    Type: Fatality

    Description: A worker received fatal injuries when a wall that was being erected at a residential construction site fell on the worker.

    Conviction: 938769 Alberta Ltd. pled guilty to Section 2(1)(a)(i) of the Occupational Health and Safety Act and was sentenced on January 26, 2016 with a $100,000 fine (Victim Surcharge was waived) and 18 months Corporate Probation.

    All remaining counts were withdrawn.

    Convicted is: The Kitchen Centre Ltd.

    Date of conviction: January 15, 2016

    Location of offence: Lethbridge

    Date of offence: February 19, 2013

    Type: Reportable Incident

    Description: A CNC (Computer Numerical Control) Operator received serious injuries when the operator slipped and caught their hand in the CNC automated wood cutting tool. A damaged pressure sensitive mat safeguard had been bypassed to allow operation of the CNC machine.

    Conviction: The Kitchen Centre Ltd. pled guilty to Section 2(1)(a)(i) of the Occupational Health and Safety Act and were sentenced on January 15, 2016 with a fine of $75,000 plus a Victim Fine Surcharge.

    All remaining counts were withdrawn.

    Convicted is: Needoba Construction Ltd.

    Date of conviction: January 14, 2016

    Location of offence: Calgary

    Date of offence: August 21, 2012

    Type: Reportable Incident

    Description: A worker sustained paralytic injuries from the chest down after falling 6.5 metres through an uncovered opening for a stairwell at a residential construction site.

    Conviction: Needoba Construction Ltd. pled guilty to section 2(1)(a)(i) of the Occupational Health and Safety Act. They were fined $11,500 inclusive of Victim Fine Surcharge and 1.5 years of Probation including 200 hours of community service (Hearts & Hammers).

  • 2015

    Convicted is: Powerstroke Well Control Ltd.

    Date of conviction: December 18, 2015

    Location of offence: Grande Prairie area

    Date of offence: March 7, 2013

    Type: Fatality

    Description: A self-employed welder was fatally injured when the tank the worker was welding on exploded.

    Conviction: On December 18, 2015 Powerstroke Well Control Ltd. pled guilty to Section 2(1)(a)(i) of the Occupational Health and Safety Act and Section 169(2) and (3) and Section 171.1(3)(a) of the Occupational Health and Safety Code and were sentenced to a fine of $150,000 plus victim fine surcharge and Corporate Probation for a period of 2 years.

    All the remaining counts were withdrawn.

    Convicted is: Ensign Drilling Inc. and Daylo Services Inc.

    Date of conviction: November 26, 2015

    Location of offence: Grande Prairie

    Date of offence: October 19, 2012

    Type: Fatality

    Description: A floorhand was fatally injured when the floorhand was crushed between the forks of an excavator and a stationary post on a portable flare tank.

    Conviction: Ensign Drilling Inc. pled guilty to Section 258(3)(a) of the Occupational Health and Safety (OHS) Code and were sentenced to a fine of $5,000 VIS included, and a Creative Sentencing Order of $295,000 payable to the Alberta Construction Safety Association (“ACSA”). ACSA will use the money to create a 1 day course for working around powered mobile equipment, create an online module and a best practices document. If there is any money left over from the $295,000, the ACSA will use the money to subsidize the cost of the course.

    All other charges against Ensign Drilling Inc. and its other legal entities were withdrawn.

    Daylo Services Inc. pled guilty to Section 2(1)(a)(ii) of the OHS Code and were sentenced to a fine of $150,000 including VIS and 2 years corporate probation.

    All other charges were withdrawn.

    All charges were withdrawn against Inception Exploration Ltd.

    Convicted is: Nabors Drilling Canada Limited

    Date of conviction: October 26, 2015

    Location of offence: Conklin

    Date of offence: October 18, 2012

    Type: Fatality

    Description: A worker was dismantling a catwalk when a pipe elevator fell off the catwalk and struck the worker, causing fatal injuries.

    Conviction: Nabors Drilling Canada Limited pled guilty to Section 2(1)(a)(i) of and were sentenced to a fine of $300,000 inclusive of Victim Fine Surcharge. $150,000 of that fine was diverted to the Helicopter Emergency Response Organization (HERO) a non-profit foundation, pursuant to a Section 41.1 creative sentence.

    All other charges were withdrawn.

    Convicted is: Vibrant Construction Group Inc.

    Date of conviction: September 23, 2015

    Location of offence: Sherwood Park

    Date of offence: August 28, 2013

    Type: Injury

    Description: A worker sustained multiple fractures and a laceration when the worker was struck by a set of wooden stairs that fell during installation.

    Conviction: Vibrant Construction Group Inc. pled guilty to Section 2(1)(a)(i) of the Occupational Health and Safety (OHS) Act and were sentenced to a fine of $25,000, Victim Surcharge of $3750, and 1 year corporate probation.

    All remaining charges were dismissed.

    Convicted is: Encore Coring and Drilling Inc.

    Date of conviction: August 13, 2015

    Location of offence: Near Fort McMurray

    Date of offence: January 31, 2013

    Type: Serious Injury

    Description: A worker fell while rigging down a catwalk on a drilling rig. The worker sustained a head injury.

    Conviction: Encore Coring and Drilling Inc. entered a guilty plea to Section 139(1)(a) of the Occupational Health and Safety Code and was sentenced to a fine of $135,000 inclusive of Victim Surcharge.

    All remaining counts were withdrawn.

    Convicted is: Savanna Drilling Limited Partnership

    Date of conviction: July 28, 2015

    Location of offence: Drayton Valley

    Date of offence: January 31, 2013

    Type: Injury

    Description: A serious injury occurred to a worker when a drill casing rolled off a pipe rack and struck the worker on the left foot.

    Conviction: Savanna Drilling Limited Partnership pled guilty to Section 2(1)(a)(i) of the Occupational Health and Safety (OHS) Act and were sentenced to a fine of $100,000 inclusive of Victim Surcharge.

    All remaining charges were dismissed.

    All charges were withdrawn October 6, 2016 against Dee Three Exploration Limited.

    Convicted is: Prairie Mines & Royalty ULC

    Date of conviction: June 26, 2015

    Location of offence: Forestburg

    Date of offence: On or between September 4-9, 2012

    Type: Serious Injury

    Description: A worker received serious injuries when the worker was struck by a dragline cable that was cut while it was under tension.

    Conviction: Prairie Mines & Royalty ULC pled guilty to Section 13(2) of the Occupational Health and Safety Regulation and were sentenced to a fine of $5,000 inclusive of victim surcharge, and an Occupational Health and Safety (OHS) Act Section 41.1 Creative Sentence Order of $85,000 payable to the Safety in Schools program.

    All remaining charges were withdrawn

    Convicted is: Ozoroff Consulting Ltd.

    Date of conviction: June 22, 2015

    Location of offence: Whitecourt

    Date of offence: January 11, 2012

    Type: Fatality

    Description: There was an H2S release on a Sinopec Daylight Energy lease located at 16-20-59-14 W5. A Rezone Well Servicing Rig #6 was on the well. Four people on the site were exposed to a release of H2S and one of those workers passed away as a result of the exposure.

    Conviction: Ozoroff Consulting Ltd. pled guilty to Section 16(1) of the Occupational Health and Safety Code and were sentenced to a fine of $275,000 inclusive of Victim Surcharge.

    All remaining charges were dismissed.

    Convicted is: Island Industries Ltd. – Employer

    Date of conviction: May 27, 2015

    Location of offence: Edmonton

    Date of offence: January 28, 2011

    Type: Fatality

    Description: A worker was operating a forklift as the worker and co-workers were erecting a steel structure at a construction site. A joist fell from the beam on which it was resting and struck the worker, causing fatal injuries.

    Conviction: Island Industries Ltd. pled guilty to Section 2(1)(a)(i) of the Occupational Health and Safety (OHS) Act and were sentenced to a fine of $150,000 inclusive of Victim Surcharge and 1 year of corporate probation.

    All remaining counts were dismissed.

    Convicted is: Maxi Service Ltd. (O/A Harry’s Auto Wrecking)

    Date of conviction: March 19, 2015

    Location of offence: Grande Prairie

    Date of offence: February 17, 2012

    Type: Fatality

    Description: A worker employed by Maxi Service Ltd. (O/A Harry’s Auto Wrecking) was dismantling a steel deck from the chassis of a 1.5 ton truck. When the worker removed the last bolt from the chassis attached to the steel deck, the chassis fell on the worker causing fatal injuries.

    Conviction: Maxi Service Ltd. (O/A Harry’s Auto Wrecking) pled guilty to Section 2(1)(a)(i) of the Occupational Health and Safety (OHS) Act  and were sentenced to a fine of $150,000 inclusive of Victim Surcharge and 2 years of corporate probation.

    Convicted is: Jacobs Industrial Services Ltd.

    Date of conviction: January 30, 2015

    Location of offence: Fort McMurray

    Date of offence: June 10, 2010

    Type: Serious Injury

    Description: Two workers suffered burn injuries when naphtha ignited while maintenance work was being done on an inlet line.

    Conviction: Jacobs Industrial Services Ltd. pled guilty to Section 2(1)(a)(ii) of the Occupational Health and Safety (OHS) Act and were sentenced to an OHS Act Section 41.1 Creative Sentence Order of $149,999 payable to the Safety in Schools program.

  • 2014

    Convicted is: Value Drug Mart Associates Ltd.

    Date of conviction: November 12, 2014

    Location of offence: Grande Prairie

    Date of offence: March 16, 2011

    Type: Serious Injury

    Description: A worker was seriously injured when the workers hair became entangled in an unguarded rotating shaft on a conveyor.

    Conviction: Value Drug Mart Associates Ltd. pled guilty to Section 2(1)(a)(i) of the Occupational Health and Safety (OHS) Act and were sentenced to a fine of $92,000.

    Convicted is: Waste Management of Canada Corporation

    Date of conviction: October 27, 2014

    Location of offence: Edmonton

    Date of offence: April 8, 2011

    Type: Serious Injury

    Description: Two workers suffered serious and minor injuries respectively when they both fell from a material separator unit they were trying to unplug.

    Conviction: Waste Management of Canada Corporation Guilty pled guilty to Section 140(1) of the Occupational Health and Safety (OHS) Code and were sentenced to a fine of $90,000.

    Convicted is: Syncrude Canada

    Date of conviction: October 3, 2014

    Location of offence: Fort McMurray

    Date of offence: June 10, 2010

    Type: Serious Injury

    Description: Two workers suffered burn injuries when naphtha ignited while maintenance work was being done on an inlet line.

    Conviction: Syncrude Canada pled guilty to Section 169(2)(c) of the Occupational Health and Safety (OHS) Code and were sentenced to an Occupational Health and Safety  Section 41.1 Creative Sentence Order of $150,000 payable to the Safety in Schools program.

    All remaining charges were dismissed.

    Convicted is: Mears Canada Corp.

    Date of conviction: September 3, 2014

    Location of offence: Fort McMurray

    Date of offence: February 2, 2011

    Type: Serious Injury

    Description: Workers were trying to unplug a hose packed with mud, by blowing air through it. The hose was subject to too much pressure and it came loose from its fittings. The hose whipped around and caused serious injuries to one worker by hitting the worker in the leg, which in turn caused the worker to fall and strike their head.

    Conviction: Mears Canada Corp. pled guilty to Section 12(b) of the Occupational Health and Safety (OHS) Code and were sentenced to a fine of $103,000.

    Convicted is: Rokstad Power Corporation formerly known as Galbraith Power (BC) Inc

    Date of conviction: September 2, 2014

    Location of offence: Blairmore

    Date of offence: September 10, 2011

    Type: Fatality

    Description: A worker received fatal injuries when the power pole the worker was climbing fell over and the worker was crushed.

    Conviction: Rokstad Power Corporation pled guilty to section 12(c) of the Occupational Health and Safety (OHS) Code. On or about September 10, 2011 at or near Blairmore, Alberta, being an employer did fail to ensure that modifications to equipment that may affect it's structural stability are performed in accordance with the manufacturer's specifications or specifications certified by a professional engineer contrary to section 12(c) of the OHS Code, as adopted by the OHS Code Order, Alberta Regulation 87/2009 pursuant to the Occupational Health and Safety Act, R.S.A. 2000n chapter O-2.

    Rokstad Power Corporation was fined a total of $325,000 inclusive of the victim fine surcharge, to be paid on or before October 7, 2014.

    Convicted is: Belanger, Laurier Joseph

    Date of conviction: August 20, 2014

    Location of offence: Turner Valley

    Date of offence: May 27, 2013

    Type: Reportable Incident

    Description: While driving into a worksite, the company truck came into contact with an electrical line. The owner directed the worker to detangle the lines from the truck. When attempting to do so, the worker received an electrical shock and sustained serious injuries.

    Conviction: Laurier Joseph Belanger, pled guilty as a worker to Section 2(2)(a) of the Occupational Health and Safety (OHS) Act and was sentenced to a fine of $4000 inclusive of the Victim Fine Surcharge. The fine is to be paid on or before November 28, 2014 with an order that there be fifty days imprisonment in the event of non-payment.

    Convicted is: Zubar Holdings Ltd. and Lightstream Resources Ltd. (formerly Petrobakken Energy Ltd.)

    Date of conviction: June 25, 2014

    Location of offence: Sundre

    Date of offence: September 15, 2011

    Type: Serious Injury

    Description: A worker received serious burn injuries when a fire ball occurred as a result of a frac water/oil residue spray igniting.

    Conviction: Zubar Holdings Ltd. and Lightstream Resources Ltd.pled guilty to Section 2(5) of the Occupational Health and Safety (OHS) Act and Section 12(d) of the OHS Code and were sentenced to a fine of $115,000

    Convicted is: Black Stone Framing Ltd.

    Date of conviction: June 24, 2014

    Location of offence: Chestermere

    Date of offence: June 15, 2011

    Type: Reportable Incident

    Description: A worker fell 2 stories into a basement through an unguarded hole opening and sustained serious injuries.

    Conviction: Black Stone Framing Ltd. entered a guilty plea to Section 2(1)(a)(i) of the Occupational Health and Safety (OHS) Act and was sentenced a fine of $80,000 plus a 15% Victim Fine Surcharge.

    All other charges were withdrawn.

    Convicted is: Stony Valley Contracting Ltd.

    Date of conviction: May 12, 2014

    Location of offence: Fort McMurray

    Date of offence: March 2, 2011

    Type: Serious Injury

    Description: A worker was removing ice from a conveyor and was seriously injured when the worker's hand became caught between the running conveyor belt and a scraper.

    Conviction: Stony Valley Contracting Ltd. entered a guilty plea to section 18(1) of the Occupational Health and Safety (OHS) Act and were fined a total of $90,000, inclusive of the victim fine surcharge.

    On September 11, 2013, Jeremy Worden entered a guilty plea to section 2(2)(A) of the OHS Act. On January 9, 2014, Mr. Worden was fined a total of $3,500, inclusive of the victim fine surcharge.

    Convicted is: Agristar Inc.

    Date of conviction: April 29, 2014

    Location of offence: Vauxhall

    Date of offence: March 24, 2012

    Type: Reportable Incident

    Description: A worker was cleaning a primary dryer feed screw when the worker fell into the equipment while it was in operation. The worker became entangled in the equipment and sustained serious injuries.

    Conviction: Agristar Inc. entered a guilty plea to Section 310(2)(a) of the Occupational Health and Safety (OHS) Code and was sentenced a fine of $85,000.

    All other charges were withdrawn.

    Convicted is: Reliance Industrial Product Ltd.

    Date of conviction: February 11, 2014

    Location of offence: Edson

    Date of offence: October 13, 2011

    Type: Reportable Incident

    Description: A worker was operating a crimping machine when a wrench fell to the floor onto the pedal that operates the machine. The machine engaged and crushed the worker’s fingers.

    Conviction: Reliance Industrial Product Ltd. entered a guilty plea to Section 368(a) of the Occupational Health and Safety (OHS) Code and was sentenced to a fine of $80,000.

    All other charges were withdrawn.

    Convicted is: CINL Roofing 2008 Ltd. and CINL Holdings 2008 Ltd.

    Date of conviction: January 27, 2014

    Location of offence: Calgary

    Date of offence: September 27, 2010

    Type: Injury

    Description: A worker suffered electrical burns when the crane the worker was operating came close to or contacted an overhead 8,000 volt power line.

    Conviction: CINL Roofing 2008 Ltd. and CINL Holdings 2008 Ltd. pled guilty to Section 2(1)(a)(i) of the Occupational Health and Safety (OHS) Act and were sentenced to a fine of $50 and 3 years probation.

    Convicted is: I.D. Oilfield Services Ltd.

    Date of conviction: January 16, 2014

    Location of offence: Sundre

    Date of offence: September 20, 2011

    Type: Fatality

    Description: A worker received fatal injuries when a steel man basket fell on the worker.

    Conviction: Oilfield Services entered a guilty plea to Section 2(1)(a)(i) of the Occupational Health and Safety (OHS) Act. and were sentenced to a fine of $275,000 inclusive of the victim fine surcharge.

  • 2013

    Convicted is:  Sureway Construction Ltd.

    Date of conviction: December 18, 2013

    Location of offence: Edmonton

    Date of offence: November 17, 2010

    Type: Fatality

    Description: Workers were installing a vertical portion of a manhole. One worker suffered fatal injuries when the suspended load crushed h worker against the excavation wall.

    Conviction: On December 2, 2013, Sureway Construction Ltd. pled guilty to Section 70(1)(c) of the Occupational Health and Safety (OHS) Code, Tag and hoisting lines, for failing to ensure a tag line is used when it allows worker separation from the load. Christopher Dennis Clelland pled guilty to Section 2(2)(a) of the Occupational Health and Safety Act, Obligations of employers, workers, etc., for failing to ensure that every worker shall, while engaged in an occupation take reasonable care to protect the health and safety of the worker and of other workers present while the worker is working.

    On December 18, 2013, a penalty of $275,000 (inclusive of victim fine surcharge) was imposed on Sureway Construction Ltd. A penalty of $7,000 (inclusive of victim fine surcharge) was imposed on Christopher Dennis Clelland. All other charges against Sureway Construction Ltd. were withdrawn upon acceptance of their guilty plea.

    Convicted is: Ensign Drilling Inc.

    Date of conviction: November 25, 2013

    Location of offence: Near Lac La Biche

    Date of offence: November 9, 2010

    Type: Fatality

    Description: A worker was killed when a suspended iron roughneck assembly released and crushed the worker.

    Conviction: On November 25, 2013, Ensign Drilling Inc. pled guilty to Section 2(1)(a)(i) of the Occupational Health and Safety (OHS) Act for failing to ensure, as far as reasonably practicable, the health and safety of a worker engaged in the work of that employer. The total penalty imposed by the Court was $325,000 divided between a $30,000 fine inclusive of victim fine surcharge and $295,000 as a Section 41.1 order paid to the University of Alberta Risk Management Services to create a post-secondary and school based hazard assessment tool that can be shared amongst all educational organizations.

    Convicted is: MacLeod Lighting Wholesale Ltd. operating as Cartwright Lighting

    Date of conviction: November 18, 2013

    Location of offence: Calgary

    Date of offence: November 3, 2010

    Type: Serious Injury

    Description: A worker suffered serious injuries when the worker fell from a ladder at the employer's warehouse.

    Conviction: MacLeod Lighting Wholesale Ltd. pleaded guilty on November 18, 2013 to Section 12(1)(a) of the Occupational Health and Safety Regulation and was sentenced to pay a fine of $5,000 and ordered to pay $75,000 to the Christian Labour Association of Canada for safety training in accordance with the Occupational Health and Safety Act Section 41.1..

    Convicted is:  XI Technologies Inc. (XI Tech) 

    Date of conviction: October 31, 2013

    Location of offence: Calgary

    Date of offence: July 12, 2007

    Type: Fatality

    Description: A worker was fatally injured when the worker was struck on the head by a steel lever as the worker was assisting with a calf roping machine (CRM) set up by the employer, XI Technologies Inc., in order to entertain clients during a Calgary Stampede party..

    Conviction: On October 31, 2013, the Court of Queen’s Bench of Alberta imposed a fine of $275,000 inclusive of the 15% victim fine surcharge on XI Technologies Inc. (XI Tech) apportioned as follows: $100,000 to Count 1: Failing to ensure, as far as it was reasonably practicable to do so, the health and safety of a worker, engaged in the work of that employer, contrary to Section 2(1)(a)(i) of the Occupational Health and Safety (OHS) Act, R.S.A. 2000, Chapter 0-2, as amended. $175,000 to Count 2: As an employer, failing to ensure that all equipment used at a work site would safely perform the function for which it was intended or designed contrary to Section 12(1)(b) of Alberta Regulation 62/2003, OHS Regulation Pursuant to the OHS Act, R.S.A. 2000, Chapter 0-2, as amended.

    XI Tech was initially acquitted on both charges: 2011 ABPC 313, overturned on appeal: 2012 ABQB 549, 548 AR 203 and the convictions upheld on further appeal: 2013 ABCA 282.

    Convicted is:  Les Structures De Beauce Inc.

    Date of conviction: October 16, 2013

    Location of offence: Edmonton

    Date of offence: October 23, 2010

    Type: Serious Injury

    Description: A young labourer fell over 9 m from the roof structure of a commercial building under construction and sustained multiple fractures and other serious injuries.

    Conviction: On October 16, 2013, Les Structures De Beauce Inc. pleaded guilty to Section 139(1)(a) of the Occupational Health and Safety (OHS) Code, for failing to ensure that a worker is protected from falling at a temporary or permanent work area if a worker may fall a vertical distance of 3 meters or more and a penalty of $90,000 was imposed on Les Structures De Beauce Inc. by the Court. The penalty was comprised of a $5,000 fine inclusive of the victim fine surcharge and a Section 41.1 Order in the amount of $85,000 paid to Pembina Hills Regional Division No. 7 for the creation of an online safety course. The safety course will teach a wide range of basic work site safety practices, particularly core safety skills and knowledge. It will specifically address the work site with respect to fall protection, floor openings, trenches, excavations, ladders and scaffolds. This online safety course will be readily accessible to high school students, adults in general, pre-employment adults and first year apprentices in the construction industry.

    Convicted is: City of Camrose

    Date of conviction: May 22, 2013

    Location of offence: Camrose

    Date of offence: August 6, 2009

    Type: Reportable Incident Injury

    Description: Worker was electrocuted and suffered serious bodily injuries after a survey pole the worker was handling came into contact with an overhead power line.

    Conviction: The City of Camrose entered a guilty plea to Occupational Health and Safety (OHS) Code Section 225(1). The Court accepted a joint submission for a total penalty of $92,500 which included a $2,500 fine and a $90,000 Occupational Health and Safety (OHS) Act Section 41.1 Creative Sentence Order payable to Alberta Municipal Health and Safety Association to create hazard training.

    Convicted is:  Eco-Industrial Park Inc. (formerly Worthington Properties) and Canadian Consolidated Salvage Ltd. (operating as Clearway Recycling) 

    Date of conviction: March 8, 2011 | May 6, 2013

    Location of offence: Edmonton

    Date of offence: August 15, 2008

    Type: Injury

    Description: A labourer fell from a second storey mezzanine onto a pile of scrap metal and sustained multiple broken bones and body trauma. Workers employed by Eco-Industrial Park Inc. and Canadian Consolidated Salvage Ltd. and Diversified Staffing Services Ltd. were also exposed to an environment that had asbestos containing materials.

    Conviction: On March 8, 2011, Eco-Industrial Park Inc. pled guilty to Section 3(3) of the Occupational Health and Safety (OHS) Act. A total penalty of $35,750 was imposed, which included a $5,000 fine, a 15 per cent Victim Fine Surcharge of $750 and an order of $30,000 to the Alberta Worker’s Health Centre.

    On May 6, 2013, Canadian Consolidate Salvage Ltd. was found guilty on Section 2(1)(a)(i) of the OHS Act, Section 7(1), 7(2), Section 115(1), and Section 143 (1) of the OHS Code. The total penalty imposed was $140,000, plus a 15% Victim Fine Surcharge.

    Convicted is:  Armtec Holdings Limited

    Date of conviction: March 4, 2013

    Location of offence: Near Spruce Grove

    Date of offence: May 16, 2010

    Type: Fatality

    Description: A labourer was stuck in the head by a launched sheave assembly (that had been under tension by a hoisting mechanism) that became detached from the concrete floor.

    Conviction: On March 4, 2013, Armtec Holdings Limited pleaded guilty to Section 12(a) of the Occupational Health and Safety (OHS) Code, for failing to ensure equipment is of sufficient size, strength and design and made of suitable materials to withstand the stresses imposed on it during its operation and to perform the function for which it is intended or was designed.

    On September 24, 2013, a penalty of $300,000 was imposed on Armtec Holdings Limited by the Court. The penalty was comprised of a $5,000 fine inclusive of the victim fine surcharge and a Section 41.1 Order in the amount of $295,000 in favor of the Manufacturers’ Health and Safety Association of Alberta (MHSA) in partnership with Cranemaster Overhead Crane Consulting Inc. The MHSA will create an on-line resource center which will provide industry with the tools to assess and understand limitations and uses of rigging products they use. This website program will provide the users with information necessary to guide them in legislative requirements, safe inspections and the application and maintenance of rigging products.

    Convicted is:  E.B. Exteriors (1041383 Alberta Limited)

    Date of conviction: February 25, 2013

    Location of offence: Calgary

    Date of offence: January 23, 2010

    Type: Fatality

    Description: A worker was fatally injured when the worker fell 6.3 metres from a pump jack scaffold.

    Conviction: E.B. Exteriors (1041383) pleaded guilty to Section 2 (1) (a) (i) of the Occupational Health and Safety (OHS) Act for failing to ensure, as far as reasonably practicable, the health and safety of a worker engaged in the work of that employer. The totally penalty imposed by the court was $275,000, payable over five years at $55,000 per year.

    Convicted is:  Division 6 Contracting Ltd

    Date of conviction: February 5, 2013

    Location of offence: Calgary

    Date of offence: August 13, 2009

    Type: Injury

    Description: A carpenter and framer were removing a wooden beam when the apprentice carpenter fell approximately seven metres from a scaffold. The apprentice carpenter landed in an open excavation hitting their head on a concrete footing. The apprentice carpenter received serious head injuries.

    Conviction: Division 6 Contracting Ltd. pleaded guilty to Section 139(1)(a) of the Occupational Health and Safety (OHS) Code. The total penalty imposed was $75,000 plus a 15% victim fine surcharge.

    Convicted is:  SSEC Canada Ltd.

    Date of conviction: January 24, 2013

    Location of offence: CNRL Horizon Site

    Date of offence: April 24, 2007

    Type: Fatality

    Description: Two workers were fatally injured when a tank roof support structure collapsed at the west tank farm at the CNRL Horizon site. Two Sinopec Shanghai Engineering Company (SSEC) Canada Ltd. workers were seriously injured and three SSEC Canada Ltd. workers received minor injuries.

    Conviction: On September 5, 2012 SSEC Canada Ltd. pled guilty to three charges under Section 2(1)(a)(i) of the Occupational Health and Safety (OHS) Act, for failing to ensure, as far as reasonably practicable, the health and safety of a worker engaged in the work of that employer.

    On January 24, 2013, SSEC Canada Ltd. was sentenced to a $1.5 million penalty. The penalty comprised of a $200,000 fine and $1.3 million payment to the Alberta Law Foundation to be used to support an outreach and education program, to be developed by the Alberta Workers’ Health Centre, the Edmonton Multicultural Health Brokers and the Calgary Workers’ Resource Centre.

  • 2012

    Convicted is: North Star Contracting Inc

    Date of conviction: October 23, 2012

    Location of offence: Fish Creek Provincial Park

    Date of offence: November 16, 2009

    Type: Injury

    Description: A worker received serious injuries to the jaw and right eye when a saw kicked back and struck the worker in the face as the worker was cutting a piece of pipe.

    Conviction: North Star Contracting Inc pleaded guilty to section 12(d) of the Occupational Health and Safety (OHS) Code for failing to ensure that equipment was used, handled or operated in accordance with the manufacturer’s specifications. A total penalty of $80,000 was imposed including a $53,000 creative sentence for Quickie Saw Training Program to Olds College. The balance of the penalty is a fine of $27,000 inclusive of surcharge.

    Convicted is: Cee Cee Roofing

    Date of conviction: October 15, 2012

    Location of offence: Fort Assiniboine

    Date of offence: November 8, 2009

    Type: Injury

    Description: A worker was seriously injured when the worker fell from the roof of the fire hall in Fort Assiniboine. The worker was part of a four worker crew that was in the process of applying additional roofing and insulation material to the roof of the fire hall.

    Conviction: 1147509 Alberta Ltd., operating as Cee Cee Roofing, pled guilty to Section 2(1)(a)(i) of the Occupational Health and Safety (OHS) Act, for failing to ensure, as far as reasonably practicable, the health and safety of a worker engaged in the work of that employer. Cee Cee Roofing, was sentenced to a total penalty of $85,000 inclusive of the victim fine surcharge.

    Convicted is: Taber Truck and Trailer Repair Ltd.

    Date of conviction: August 7, 2012

    Location of offence: Taber

    Date of offence: February 1, 2010

    Type: Injury

    Description: A worker received serious burn injuries as a result of an explosion that occurred while the worker was cleaning the inside of the tank portion of a tanker trailer unit that had been used to haul hydrocarbons.

    Conviction: Taber Truck and Trailer Repair Ltd. pleaded guilty to section 2(1)(a)(i) of the Occupational Health and Safety (OHS) Act. Taber Truck and Trailer Repair Ltd. was fined $75,000.

    Convicted is:  Perera Development Corporation, Perera Shawnee Ltd.

    Date of conviction: June 4, 2012

    Location of offence: Calgary

    Date of offence: February 14, 2008

    Type: Fatality

    Description: An excavation wall collapsed, burying a dump truck. The dump truck operator was fatally crushed inside the cab of the truck.

    Conviction: Perera Development Corporation was fined a total of $1.25 million plus a 15 per cent victim fine surcharge of $187,500. Perera Shawnee Ltd. was fined a total of $900,000 plus a 15 per cent victim fine surcharge of $120,000.

    Convicted is:  CCS Contracting Ltd.

    Date of conviction: May 30, 2012

    Location of offence: Edmonton

    Date of offence: January 21, 2009

    Type: Injury

    Description: A worker was seriously injured when the worker fell 12 metres from a roof while helping a co-worker operate a roof cutting machine.

    Conviction: A total penalty of $70,000 was imposed, of which $5,000 was a fine inclusive of the victim fine surcharge. The remaining $65,000 is a creative sentence directed to the Bent Arrow program ($25,000) and the Alberta Roofing Construction Safety Association ($40,000).

    Convicted is:  Clayton Construction Company Ltd

    Date of conviction: May 23, 2012

    Location of offence: North of Fort McMurray

    Date of offence: September 3, 2008

    Type: Fatality

    Description: On the property of Canadian Natural Resources Limited, Horizon Oil Sands Mine site (Tailings Pond) north of Fort McMurray, the operator of a Floatation Excavator drowned when the operator's machine overturned in deep water and the operator was not able to exit the cab of the machine.

    Conviction: Clayton Construction Company Ltd. pleaded guilty to Section 2(1)(a)(i) of the Occupational Health and Safety (OHS) Act, for failing to ensure, as far as reasonably practicable, the health and safety of a worker engaged in the work of that employer. Clayton Construction Company Ltd. was sentenced to a total penalty of $272,500 inclusive of the victim fine surcharge of $5,500. The remaining $267,000 is a creative sentence of which $25,000 will go to Keyano College for the purpose of funding a Memorial Endowment in honour of the deceased worker, and $242,000 for research into heavy equipment safety around waterways, development of program curriculum to be included in current heavy equipment courses offered at Keyano College, and development of mini courses for heavy equipment safety around waterways to be available free of charge to on-line public users.

    Convicted is:  Finning International Inc. (Finning)

    Date of conviction: February 16, 2012

    Location of offence: Fort McMurray

    Date of offence: July 8, 2008

    Type: Fatality

    Description: A third-year apprentice heavy duty mechanic was run over by a Caterpillar 797F heavy haul truck while attempting to tow the disabled haul truck to the maintenance shop.

    Conviction: A total penalty of $275,000 was imposed, of which $2,500 was a fine inclusive of victim fine surcharge. The remaining $272,500 is a creative sentence of which $212,500 is directed to Injury Alberta and $60,000 is directed to the Alberta Worker’s Health Centre.

    Convicted is:  Settlement Transportation Services Inc.

    Date of conviction: January 26, 2012

    Location of offence: Fishing Lake Métis Settlement

    Date of offence: July 15, 2006

    Type: Fatality

    Description: A Caterpillar Dozer operator was assisting another Caterpillar Dozer operator to attach two fallen trees to the rear ripper shank of the Caterpillar Dozer. The worker was crushed between the ripper framework and the tree root ball as the Caterpillar Dozer was backing up.

    Conviction: Settlement Transportation Services pleaded guilty to section 2(1)(a)(i) of the Occupational Health and Safety (OHS) Act. A total penalty of $250,000 was imposed, of which $1,000 was a fine inclusive of victim fine surcharge and the remaining $249,000 is a creative sentence for the establishment of a health and safety management system for the Fishing Lake Métis Settlement.

    Convicted is:  K-Tec Industries (2005) Inc.

    Date of conviction: January 16, 2012

    Location of offence: Fort McMurray

    Date of offence: February 6, 2008

    Type: Injury

    Description: A worker received serious head injuries when a drilling line was inadvertently rotated while work was being carried out on the equipment.

    Conviction: K-Tec Industries (2005) Inc. pleaded guilty to Section 212(1) of the Occupational Health and Safety (OHS) Code, for failing to ensure that no worker performs such work on the machinery, equipment or powered mobile equipment until it has come to a complete stop if machinery, equipment or powered mobile equipment is to be serviced, repaired, tested, adjusted or inspected, and was sentenced to a total penalty of $75,000.00 inclusive of the victim fine surcharge.

  • 2011

    Convicted is:  Dreco Energy Services Ltd.

    Date of conviction: December 15, 2011

    Location of offence: Nisku

    Date of offence: October 17, 2008

    Type: Fatality

    Description: While welding from an aerial platform, the moving platform struck and severed the rubbing insulating coating of the welding current conductor cable, energizing the platform, and electrocuting the worker.

    Conviction: Dreco Energy Services Ltd. entered a guilty plea to Section 12(D) of the Occupational Health and Safety Code and received a total penalty of $365,500, including a $10,500 fine (inclusive of victim fine surcharge). Of that total, $240,000 is payable to NAIT for the development of an aerial platform course and the establishment of a Trades Apprenticeship Endowment in honour of the deceased worker. Also, $115,000 is payable to Norquest College for the development of a safety course on intercultural communications for on-site workers.

    Convicted is:  Bonterra Energy Corp.

    Date of conviction: December 5, 2011

    Location of offence: Drayton Valley

    Date of offence: May 14, 2009

    Type: Fatality

    Description: A worker contracted to Bonterra Energy Corp., was struck by a rotating counterweight of an oilwell pumpjack, resulting in fatal injuries.

    Conviction: Bonterra Energy Corp. entered a guilty plea to Section 310(2)(a) of the Occupational Health and Safety Code and received a total penalty of $275,000, including a $2,500 fine. Of that total, $250,000 will be directed to Enform and the Alberta Workers’ Health Centre, and $22,500 will be directed to the Work Plays School Program (a program of the Alberta Workers’ Health Centre).

    Convicted is:  GLP Instrumentation Inc. and Mr. Sebastien Berube

    Date of conviction: November 22, 2011

    Location of offence: Aldersyde

    Date of offence: April 15, 2008

    Type: Fatality

    Description: A worker was welding a fitting on the top of a biodiesel settling tank. While the worker was welding, the biodiesel settling tank exploded.

    Conviction: GLP Instrumentation Inc. entered a guilty plea to Section (1)(a)(i) of the Occupational Health and Safety (OHS) Act and received a total penalty of $431,250 ($375,000 fine and a victim fine surcharge of $56,250). Sebastian Berube entered a guilty plea to Section 2(2)(a) of the OHS Act and received a total penalty of $17,250 ($15,000 fine and a victim fine surcharge of $2,250).

    Convicted is:  Roofmart Alberta Inc.

    Date of conviction: November 14, 2011

    Location of offence: Fort McMurray

    Date of offence: May 21, 2009

    Type: Fatality

    Description: A boom truck operator was fatally injured when an elevated section of an articulating boom crane collapsed and pinned the boom truck operator against another section of the articulating boom crane as the boom truck operator was attempting to repair the crane.

    Conviction: Roofmart Alberta Inc. entered a guilty plea to s. 261 of the Occupational Health and Safety Code. A total penalty of $350,000 includes a fine of $10,000 and a victim fine surcharge of $1500. The remaining $338,500 will be directed to the Fort McMurray/Wood Buffalo office of St. John Ambulance to provide first aid education and a training classroom facility in Fort McMurray ($200,000 allocated to the classroom facility, $138,500 to train and certify approximately 1000 high school students from the Fort McMurray area in Standard First Aid).

    Convicted is: Clean Harbors Energy and Industrial Services Corp.

    Date of conviction: November 9, 2011

    Location of offence: Northeast of Fort McMurray

    Date of offence: February 4, 2009

    Type: Injury

    Description: A vacuum truck operator fell approximately five metres off the truck’s beavertail into a sump pit while cleaning out the back of the vacuum truck. The worker sustained a broken clavicle, fractured ribs, a fractured orbital socket, and bruising to the head, as a result of the fall.

    Conviction: Clean Harbors Energy and Industrial Services Corp., formerly known as Eveready Energy Services Corp. entered a guilty plea to s. 2(1)(a)(i) of the Occupational Health and Safety Act. A total penalty of $85,000 includes a fine of $5,000 inclusive of the victim fine surcharge, and payment of $80,000 to the Keyano College Occupational Health and Safety Certificate program for course upgrading and development.

    Convicted is:  Denel Trucking (335590 Alberta Ltd.) and Keith Hargrave

    Date of conviction: October 24, 2011

    Location of offence: Calgary

    Date of offence: August 8, 2008

    Type: Fatality

    Description: A driver was slowly moving a truck with two attached trailers to a wash in the back yard. A worker was steering the rear trailer from controls located on the side of the trailer. The worker was walking beside the trailer while operating the controls and was run over by the rear wheels of the trailer.

    Conviction: Denel Trucking entered a guilty plea to Section 2 (1)(a)(i) of the Occupational Health and Safety (OHS) Act and was sentenced to pay a total penalty of $286,500. This includes $144,000 to the Job Safety Skills Society ($109,000 to be allocated for the JobSafe Program and $35,000 to establish a scholarship program in honour of the deceased worker), $131,000 to the Alberta Motor Transport Association for the development of a course for the safe operation of specialized long combination vehicles, a $10,000 fine and a $1500 victim surcharge. Mr. Keith Hargrave, a worker for Denel Trucking, entered a guilty plea to section 2(2) of the OHS Act and was ordered to pay a $10,000 fine.

    Convicted is:  Westcan Stucco Wire Ltd.

    Date of conviction: September 12, 2011

    Location of offence: Calgary

    Date of offence: September 11, 2007

    Type: Fatality

    Description: A worker fell from scaffolding and was fatally injured.

    Conviction: Westcan Stucco Wire Ltd. entered a guilty plea to Section 323 of the Occupational Health and Safety Code. Westcan was ordered to pay a fine of $300,000 and $45,000 as a victim fine surcharge, for a total penalty of $345,000.

    Convicted is:  Telba Oilfield Rentals Ltd.

    Date of conviction: September 6, 2011

    Location of offence: Rainbow Lake

    Date of offence: March 19, 2008

    Type: Injury

    Description: Maintenance workers were assisting with the shut down of an oil battery facility, when a worker was seriously injured in an explosion and fire.

    Conviction: Telba Oilfield Rentals Ltd. entered a guilty plea to Section 2 (1)(a)(i) of the Occupational Health and Safety (OHS) Act and received a total penalty of $100,000. The sentence includes a $5000 fine, and an order under Section 41.1 of the OHS Act to pay $29,525 to Hilltop High School in Whitecourt for facilitation of student safety training and safety equipment enhancements, and $65,475 to the Grande Prairie Composite High School Career, Health and Safety Wellness Centre.

    Convicted is:  Gordon Buchanan Enterprises Ltd.

    Date of conviction: August 22, 2011

    Location of offence: High Prairie

    Date of offence: December 19, 2008

    Type: Injury

    Description: A worker employed by Gordon Buchanan Enterprises Ltd. was seriously injured after a fall of approximately 25 metres when the portal crane the worker was operating partially collapsed. The worker sustained serious, life altering injuries.

    Conviction: Gordon Buchanan Enterprises Ltd. pleaded guilty to Section 2(1)(a)(i) of the Occupational Health and Safety (OHS) Act. The company was ordered to pay a total penalty of $100,000, which includes a fine of $10,000 inclusive of a victim fine surcharge and, under Section 41.1 of the OHS Act, $90,000 in favour of the Alberta Forest Products Association for the development of a training program for the inspection, use, and maintenance of portal cranes.

    Convicted is:  Agra Foundations Ltd.

    Date of conviction: July 19, 2011

    Location of offence: Balzac

    Date of offence: July 28, 2007

    Type: Injury

    Description: A crane operator’s left leg was drawn into the rotating drums of the draw works of a crane and the crane operator sustained serious leg injuries. The worker's left leg required amputation.

    Conviction: Agra Foundations Ltd. pleaded guilty to Section 7(1) of the Occupational Health and Safety Code, failing to assess a worksite and identify existing or potential hazards before work began. The company was ordered to pay a fine of $5000, plus a Victim Fine Surcharge of $750. In addition, under Section 41.1 of the Occupational Health and Safety Act, the company was ordered to pay $85,000 to the Alberta Construction Safety Association to develop two safety courses.

    Convicted is:  Garda Canada Security Corp.

    Date of conviction: July 8, 2011

    Location of offence: Calgary

    Date of offence: November 1, 2006

    Type: Injury

    Description: A security guard was sexually assaulted. On September 8, 2008, the intruder was sentenced to serve eight years. Occupational Health and Safety (OHS) conducted its investigation with regard to OHS issues.

    Conviction: Garda Canada Security Corporation entered a guilty plea to Section 2(1)(a)(i) of the Occupational Health and Safety (OHS) Act and was fined $5000 plus a Victim Fine Surcharge of $750. In addition, under Section 41.1 of the OHS Act, the company was ordered to pay $87,000 to the Southern Alberta Institute of Technology (SAIT) for the development of a hazard assessment education program for working alone. The order was paid to SAIT on July 11, 2011.

    Convicted is:  Steve’s Oilfield Services (Edson) Ltd.

    Date of conviction: June 7, 2011

    Location of offence: Grande Prairie

    Date of offence: October 22, 2003

    Type: Injury

    Description: A worker received serious injuries when run over by a bobcat the worker was exiting. On February 12, 2007, the company entered into a joint submission under Section 41.1 of the Occupational Health and Safety (OHS) Act.

    Conviction: On June 7, 2011, the company was found guilty of failing to comply with an order made under Section 41.1 of the OHS Act, and received a fine of $100,000.

    Convicted is:  Watts Projects Inc.

    Date of conviction: April 27, 2011

    Location of offence: Hinton

    Date of offence: June 23, 2007

    Type: Injury

    Description: A backhoe operator suffered serious injuries including the loss of the operator's right arm while working on a rotating drill pipe.

    Conviction: Watts Projects Inc. entered a guilty plea to Section 212(1) of the Occupational Health and Safety (OHS) Code. Watts Project Inc. was sentenced to a fine of $2,500.00 inclusive of victim fine surcharge and directed to pay an additional $72,500.00 to the University of Alberta’s OHS Certificate Program to facilitate on-line delivery of two courses, one with particular application to the circumstances of this case: Risk Management and Communication.

    Convicted is:  West Fraser Mills Ltd.

    Date of conviction: April 18, 2011

    Location of offence: Hinton

    Date of offence: April 22, 2007

    Type: Injury

    Description: An operator was crushed and held against a concrete pillar by a Finger Assembly that had retracted while the operator was under the machine performing a maintenance procedure.

    Conviction: West Fraser Mills Ltd. entered a guilty plea to Section 189 of the Occupational Health and Safety Code resulting in a $75,000 penalty, including a fine of $5,000 inclusive of surcharge, and an order of $70,000 in favour of the Hinton Fire/Rescue Department.

    Convicted is:  Eco-Industrial Business Park Inc.

    Date of conviction: March 8, 2011

    Location of offence: Edmonton

    Date of offence: August 22, 2008

    Type: Possible exposure to asbestos

    Description: After an Occupational Health and Safety (OHS) review of worker records following an unrelated worker injury, it was determined that several workers had potentially been working in the areas of a building where asbestos had been located. It is not possible to determine if any of the workers were exposed to asbestos; however, there were areas of the worksite wherein the hazard of asbestos fibres becoming airborne was present.

    Conviction: Eco-Industrial Business Park Inc. entered a guilty plea to Section 3(3) of the Occupational Health and Safety Act. The penalty imposed was a $5000 fine plus 15% Victim Fine Surcharge of $750. Also an order of $30,000 to the Alberta Workers’ Health Centre (total penalty – $35,750).

    Convicted is:  AT Plastics Inc.

    Date of conviction: February 22, 2011 (Sentenced March 2, 2011)

    Location of offence: Edmonton

    Date of offence: September 20, 2007

    Type: Injury

    Description: A worker operating a plastics extruder had their hand caught in a feeder resulting in the amputation of three fingers and a thumb.

    Conviction: AT Plastics Inc. pleaded guilty to Occupational Health and Safety (OHS) Regulation, 15(1), and were sentencted to a $5,000 fine plus 15% Victim Fine Surcharge of $750. Also an order of $65,000 in favour of NAIT to be used for an entrance bursary to the OHS program, and to purchase laboratory equipment for the OHS program.

    Convicted is: Syncrude Canada Ltd.

    Date of conviction: February 17, 2011

    Location of offence: Mildred Lake processing facility near Fort McMurray

    Date of offence: December 31, 2008

    Type: Fatality

    Description: A process operator clearing ice from a pipe rack at the Mildred Lake Processing Facility was fatally injured when the operator was struck by a large mass of falling ice.

    Conviction: Syncrude Canada Ltd. entered a guilty plea to Section 189 of the Occupational Health and Safety (OHS) Code. All other charges were withdrawn upon acceptance of the guilty plea. Syncrude Canada Ltd. was fined $10,000 plus a surcharge of $1,500, and ordered to pay an additional $365,000 pursuant to Section 41.1 of the Occupational Health and Safety Act, in favour of Keyano College for the development and implementation of a safety module for the Process Operators, Power Engineering and OHS programs respecting hazard assessments, awareness and control in relation to winter conditions and the formation of ice. The remaining $100,000 will be allocated to establish bursaries for students of these programs in memory of the worker.

    Convicted is: Eugene Hausauer, Director of E.L.H. Enterprises Ltd.

    Date of conviction: January 24, 2011

    Location of offence: Fox Creek

    Date of offence: March 7, 2008

    Type: Fatality

    Description: A worker was removing an orifice plate inside a group separator building at an Orleans Energy Ltd. sour gas production facility. While attempting to remove the orifice plate, the worker caused a sour gas release from the equipment and was fatally overcome by the toxic gas.

    Conviction: Mr. Hausauer pleaded guilty to one count under section 2(1)(a)(i) of the Occupational Health and Safety (OHS) Act, and received a total penalty of $30,000, which included a fine of $1,000, inclusive of the victim fine surcharge, and $29,000 to Hilltop High School in Fox Creek for an OHS Program in memory of the worker.

    Convicted is: Arrow Crane Ltd.

    Date of conviction: October 18, 2010*

    Location of offence: Red Deer

    Date of offence: May 29, 2007

    Type: Crane upset

    Description: A boom truck operator was lifting a load of roof trusses when the bottom of the trusses came into contact with a roof frame. As it was being pulled off the roof, the load bounced, causing the crane to jerk and tip the boom truck. The load dislodged and landed in the front yard of the home while the boom crashed through the roof of an adjacent occupied house. No workers or members of the public were injured in the incident.

    Conviction: Arrow Crane Ltd. pleaded guilty to Section 12(1)(b) of the Occupational Health and Safety (OHS) Regulation. The company was ordered to pay a fine of $80,000. * The fine for Arrow Crane Ltd. will be reflected in the 2011 tally as sentencing occurred on January 24, 2011.

    Convicted is: Charlton & Hill Limited

    Date of conviction: December 15, 2010*

    Location of offence: Lethbridge

    Date of offence: March 24, 2008

    Type: Injury

    Description: A worker was using a wheelbarrow to dump gravel from the roof of a warehouse when the worker fell approximately 8.53 meters. The worker sustained serious injuries.

    Conviction: Charlton & Hill Limited entered a guilty plea to Section 139(1)(a) of the Occupational Health and Safety (OHS) Code. The company was ordered to pay a total penalty of $65,750, including a $5,000 fine, $750 victim fine surcharge and $60,000 creative sentence payable to the OHS Program at the Southern Alberta Institute of Technology (SAIT). * The total penalty for Charlton & Hill Limited will be reflected in the 2011 tally as sentencing occurred on January 19, 2011.

  • 2010

    Convicted is: Beck Drilling and Environmental Services Ltd.

    Date of conviction: December 8, 2010

    Location of offence: Fox Creek

    Date of offence: April 7, 2008

    Type: Injury

    Description: A worker was using an oxy-acetylene torch to cut a steel plate. The oxy-acetylene flame punctured a hose and hydraulic fluid sprayed into the flame creating a fire. The worker received serious burn injuries.

    Conviction: Beck Drilling and Environmental Services Ltd. entered a guilty plea to Section 7(1) of the Occupational Health and Safety (OHS) Code. The company was ordered to pay a total penalty of $90,000, including a $5,000 fine and $85,000 creative sentence payable to SAIT's Health and Safety Kiosk Program.

    Convicted is: 864899 Alberta Ltd. o/a KCB Excavating and Calgary Tunnelling & Horizontal Augering Ltd.

    Date of conviction: December 3, 2010

    Location of offence: Medicine Hat

    Date of offence: December 12, 2007

    Type: Injury

    Description: A track hoe operator moved their track hoe boom close to an augering machine. The track hoe boom end struck a worker and pinned the worker against the augering machine. The worker sustained serious injuries.

    Conviction: 864899 Alberta Ltd. (operating as KCB Excavating and Calgary Tunnelling & Horizontal Augering Ltd.) entered a guilty plea to Section 2(1)(a)(ii) of the Occupational Health and Safety (OHS) Act. The company was ordered to pay a total penalty of $75,750, including a $5,000 fine, $750 victim fine surcharge and $70,000 creative sentence payable to the Southern Alberta MedicAir Society, Helicopter Air Lift Operation (HALO).

    Convicted is: 876434 Alberta Ltd. o/a High Mark Vacuum Services.

    Date of conviction: November 15, 2010

    Location of offence: Torrington

    Date of offence: December 23, 2006

    Type: Fatality

    Description: A worker received fatal head injuries after being struck by the rear door of the vacuum tank.

    Conviction: 876434 Alberta Ltd. (operating as High Mark Vacuum Services) was convicted of violations under Section 2(1)(a)(i) of the Occupational Health and Safety (OHS) Act and Section 7(1) of the OHS Code. The company was ordered to pay $200,000 for each count for a total of $400,000.

    Convicted is: Viper Concrete 2000 Limited Partnership

    Date of conviction: September 13, 2010

    Location of offence: Calgary

    Date of offence: March 31, 2007

    Type: Injury

    Description: A worker was pre-raking the concrete poured on a 12th floor of a construction site. The worker fell through an uncovered floor opening and landed on a partially covered floor opening on the 10th floor. The worker received serious injuries.

    Conviction: Viper Concrete 2000 Limited Partnership entered a guilty plea to Section 7(2) of the Occupational Health and Safety (OHS) Code and received a total penalty of $85,750 including a $5,000.00 fine $750.00 Victim Fine Surcharge, as well as a $80,000 creative sentence payable to the Women Building Futures Society.

    Convicted is: M & H Wood Specialties Ltd.

    Date of conviction: March 1, 2010

    Location of offence: Bragg Creek

    Date of offence: December 4, 2006

    Type: Injury

    Description: A worker was walking on the floor joist, lost their balance and fell approximately 3.10 metres into the basement.

    Conviction: M & H Wood Specialties Ltd. entered a guilty plea to a violation of Section 7(1) of the Occupational Health and Safety (OHS) Code and was fined $1,000.00 plus a $150.00 victim fine surcharge and ordered to make payment of $98,850 to Professional Medical Associates.

    Convicted is: Tesco Corporation

    Date of conviction: February 22, 2010

    Location of offence: Fort McMurray

    Date of offence: September 10, 2006

    Type: Injury

    Description: A worker employed by Tesco Corporation was seriously injured when the worker was pinned between two sections of oil well casing.

    Conviction: Tesco Corporation entered a guilty plea to a charge under section 189 of the Occupational Health and Safety (OHS) Code. Court accepted a joint submission of a total penalty of $125,000.00 comprised of a fine of $5,000.00 inclusive of surcharge, and a section 41.1 Order in favour of Enform for $120,000.00.

    Convicted is: Chinook Drilling, a division of Total Energy Services Ltd.

    Date of conviction: February 19, 2010

    Location of offence: Cold Lake

    Date of offence: July 16, 2005

    Type: Injury

    Description: A worker was injured by a hydraulic lifting arm.

    Conviction: Chinook Drilling entered a guilty plea to a charge under Section 212(1) of the Occupational Health and Safety (OHS) Code. The court accepted a joint submission of a total penalty of $85,000.00 comprised of a fine of $5,000.00 inclusive of surcharge, and a Section 41.1 Order in favour of STARS and Cold Lake Ambulance Society for $80,000.00.

    Convicted is:  Earl Rockerfeller Rutherford o/a R-K Construction

    Date of conviction: February 12, 2010

    Location of offence: Hythe

    Date of offence: June 28, 2006

    Type: Fatality

    Description: A sheet metal worker, working for Earl Rockefeller Rutherford (operating as R-K construction), was installing roofing materials on an 18 metre high fabrication shop when the worker fell and was fatally injured.

    Conviction: Mr. Rutherford entered a guilty plea to Section 2(2)(a) as a worker. The Judge accepted a joint submission and sentenced Mr. Rutherford to a fine of $10,000.00 inclusive of the surcharge, in default 142 days incarceration.

    Convicted is: Alstar Oilfield Contractors Ltd.

    Date of conviction: January 11, 2010

    Location of offence: Fox Creek

    Date of offence: June 30, 2006

    Type: Fatality

    Description: A contract welder and an Alstar Oilfield Contractors Ltd.'s worker were welding the doors shut on a metal shipping container. When a welding arc was struck on the door of the container, a leaking propane cylinder inside exploded. Both workers suffered fatal injuries.

    Conviction: Alstar Oilfield Contractors Ltd. pleaded guilty to section 2(1)(a)(i) under the Occupational Health and Safety (OHS) Act. Alstar Oilfield Contractors Ltd. received a total penalty of $375,000.00. The penalty included a fine of $5,000.00, inclusive of the victim fine surcharge, $250,000.00 to the Fox Creek Fire Department for purchasing equipment for work site fire and other emergency operations, $60,000.00 to the Fox Creek High School division for funding programs for students in areas of workplace health and safety training, and $60,000.00 to NorQuest College for the purpose of funding two memorial bursaries for students in the Occupational Health and Safety portions of the NorQuest College's Business and Industry Careers Program.

    Convicted is: Ensign Drilling Inc.

    Date of conviction: January 11, 2010

    Location of offence: Grande Prairie

    Date of offence: August 17, 2006

    Type: Injury

    Description: A drilling rig vibrated, causing a rig worker to lose their balance and fall into the moving parts of the rig which amputated the worker's arm.

    Conviction: Ensign Drilling Inc. pleaded guilty to Section 310(2)(a) of the Occupational Health and Safety (OHS) Code. The court imposed a total penalty of $90,750.00, including a $5,000.00 fine plus a victim fine surcharge of $750.00 and $85,000.00 to the Alberta Workers' Health Centre.

    Convicted is: Garneau Inc.

    Date of conviction: December 16, 2009*

    Location of offence: Camrose

    Date of offence: June 13, 2006

    Type: Fatality

    Description: An employee of Garneau Inc. died after the employee's head was caught between two large pipes.

    Conviction: Garneau Inc.pleaded guilty to Section 2(1)(a)(i) of the Occupational Health and Safety (OHS) Act for failing to ensure the health and safety of the worker. Garneau Inc. received a total penalty of $300,000 that included a fine of $10,000 inclusive of victim fine surcharge and the remaining amount of $290,000 to the University of Alberta Engineering Program. * The total penalty for Garneau Inc. is reflected in the 2010 tally as sentencing occurred on February 10, 2010.

Convictions before 2010

2006 to 2009 OHS convictions

Contact

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