Graham Construction and Engineering Inc., as an employer, pleaded guilty to one count under the Occupational Health and Safety (OHS) Code for failing to ensure that a temporary cover used to protect an opening was clearly marked to indicate the nature of the hazard. The company was sentenced on Jan. 31 in the Calgary Court of Justice. The Crown withdrew six other charges under OHS legislation. The Crown also withdrew seven charges each against two other Graham-related entities.
The charges stem from an incident at a Calgary construction site on Dec. 10, 2021. A worker was on a roof and plywood that covered an opening had been removed. The worker fell 4.5 metres through the opening, suffering serious injuries.
Graham Construction and Engineering Inc. was ordered to pay $110,000 in total penalties, including a $1,000 fine inclusive of the 20 per cent victim fine surcharge. Under a creative sentence, the company was ordered to pay $109,000 to the Southern Alberta Institute of Technology (SAIT) to subsidize safety-related construction courses.
The OHS Act provides a creative sentence option in which funds that would otherwise be paid as fines are directed to an organization or project to improve or promote workplace health and safety.
Both the company and the Crown have up to 30 days to appeal the conviction or penalties.
Alberta’s OHS laws set basic health and safety rules for workplaces across the province. They provide guidance for employers to help them ensure their workplaces are as healthy and safe as possible while providing rights and protections for workers. Charges under OHS laws may be laid when failing to follow the rules results in a workplace fatality or serious injury.
Quick facts
- Jobs, Economy and Trade does not provide sentence documents. These are available through the Calgary Court of Justice.
- Victim fine surcharges apply to fines payable to the Crown.
- Surcharges are not applied to payments to other entities, in this case the $109,000 paid to SAIT, under creative sentences.