Three companies have been ordered to pay more than $1.2 million following a workplace fatality near Fort McMurray, Alta., in 2022.
Joy Global (Canada) Ltd., NCSG Crane & Heavy Haul Services Ltd., and Suncor Energy Services Inc. each pleaded guilty to a single charge under Alberta’s occupational health and safety laws and were sentenced on March 21 in the Fort McMurray Court of Justice.
The penalties stem from a July 7, 2022, incident in which a worker was fatally struck by a piece of equipment that fell from a crane at an industrial site near Fort McMurray.
Funds directed to OHS research and industry tools
The combined $1.243 million in penalties were imposed as part of a creative sentence, which allows funds to be directed toward initiatives that improve workplace health and safety rather than paid as traditional fines.
The money will go to the University of Calgary, University of Alberta, and Mount Royal University to support research into rigging and hoisting practices, develop industry tools, propose a standard practice, and establish a model for an OHS research institute in Alberta.
Each company was also fined an additional $1,000, inclusive of the victim fine surcharge.
Charges and outcomes for each company
Joy Global (Canada) Ltd., a mining equipment company, pleaded guilty under the Occupational Health and Safety Act to failing to ensure the health and safety of a worker. The Crown withdrew 12 other charges.
NCSG Crane & Heavy Haul Services Ltd. admitted to failing to repeat a hazard assessment when a new work process was introduced, contrary to the OHS Code. Seven other counts were withdrawn.
Suncor Energy Services Inc. pleaded guilty to one count under the OHS Code for failing to guard sharp edges on loads being hoisted, which could damage rigging. The Crown withdrew 10 additional charges.
Under Alberta’s OHS framework, charges can be laid when violations of workplace safety laws result in serious injury or death. The OHS Act permits creative sentencing to fund projects that promote workplace safety.
The companies and the Crown have 30 days to appeal the convictions or penalties.
