Canada: Employer pleads guilty. Criminal negligence. Workplace safety

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As read on the ACOEM chalkboard:

The first " C-45 " conviction is in.

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February 7, 2008

Quebec employer pleads guilty to criminal charges in workplace death

Conviction is the first since 'corporate killing' law came into effect in

2004

Occupational health and safety has become a bigger concern for employers

with the first criminal conviction of a corporation under the amendments to the

Criminal Code of Canada brought in by Bill C-45 in March 2004.

The amendments, known as the corporate killing law, stipulate organizations

must take all reasonable steps to prevent bodily harm to persons, including

workers, contractors and the general public. Also, in addition to being

charged with contravention of health and safety regulations, a corporation, its

supervisors or other representatives can now be charged with criminal

negligence

by government enforcers at the scene of a workplace accident.

In October 2005, a worker for Transpavé Inc., a manufacturer of concrete

blocks in Saint-Eustache, Que., was crushed to death by a machine that stacks

the blocks. The machine had a curtain guard which should have cut power to the

machine when the worker approached it, but investigators determined this

safety system was disabled at the time and had been for nearly two years. It

was

also discovered the employee hadn’t been told of the danger and management

was aware of the situation but did nothing about it.

Transpavé was charged with criminal negligence causing death and pled guilty

on Dec. 7, 2007. The company faces sentencing on Feb. 26, 2008.

Source-> hrreproter.com

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Lindeman, BA, CHSC, CRSP

Health, Safety and Wellness Specialist

City of Hamilton

email address: dlindema@...

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