Source: Government of Canada regional news (2)
Joy Global (Canada) Ltd., NCSG Crane & Heavy Haul Services Ltd., and Suncor Energy Services Inc., as employers, pleaded guilty to one charge each under occupational health and safety (OHS) laws. They were sentenced on March 21 in the Fort McMurray Court of Justice.
Joy Global (Canada) Ltd., a mining equipment company, pleaded guilty to one count under the OHS Act for failing to ensure the health and safety of a worker. The company was penalized $374,000 under a creative sentence. The Crown withdrew 12 other counts.
NCSG Crane & Heavy Haul Services Ltd., as an employer, pleaded guilty to one count under the OHS Code for failing to ensure a hazard assessment was repeated when a new work process was introduced. The company was penalized $374,000 under a creative sentence. The Crown withdrew seven other counts.
Suncor Energy Services Inc. pleaded guilty to one count under the OHS Code for failing to ensure sharp edges on loads being hoisted were guarded to prevent damage to the rigging. The company was penalized $495,000 under a creative sentence. The Crown withdrew 10 other counts.
The $1.243 million in creative sentence funds are allocated to the University of Calgary, University of Alberta and Mount Royal University to research rigging and hoisting practices, develop tools for industry, recommend a standard practice and establish an OHS research institute model for Alberta.
In addition to the creative sentence, each company was fined $1,000 including the victim fine surcharge.
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. The companies 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 Fort McMurray Court of Justice.
- Victim fine surcharges apply to fines payable to the Crown.
- Surcharges are not applied to payments to other entities under creative sentences.
- Fatality investigation summaries are posted to alberta.ca/fatality-investigation-summaries 60 to 90 days after court proceedings conclude.
- The charges stem from an incident on a site near Fort McMurray on July 7, 2022, when a worker died after being struck by a piece of equipment that fell from a crane.