LX Hausys Canada Inc., as an employer, pleaded guilty on May 28 in the Calgary Court of Justice to one count under the Occupational Health and Safety (OHS) Act for failing to ensure the health and safety of a worker. The Crown withdrew 14 other counts.
The charges stem from an incident that occurred at the company’s Calgary warehouse on Sept. 19, 2023. A worker was helping move marble slabs with a forklift when the slabs dislodged, struck the worker and caused fatal injuries.
Under a creative sentence, the court ordered the company to pay $350,000 to the Manufacturers’ Health & Safety Association to develop portable virtual reality forklift simulators to enhance operator training. The association will also partner with Alberta Workforce Essential Skills to develop and provide workplace safety training for English language learners.
The company and the Crown have up to 30 days to appeal the conviction or penalty.
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 fatality or serious injury.
Quick facts
- Jobs, Economy, Trade and Immigration does not provide sentence documents. These are available through the Calgary Court of Justice.
- 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.
- Victim fine surcharges apply to fines payable to the Crown. They are not applied to payments to other entities under creative sentences.