October 23, 2014
Province Advises Businesses Prosecuted for Workplace Incidents, Fatalities
Manitoba Workplace Safety and Health (WSH) is reminding employers to ensure workplaces are safe and employees are provided the proper procedures to perform their duties, after several businesses were prosecuted for workplace incidents and fatalities.
On April 20, 2011, a worker at Lafarge Canada Inc. at the Wuskwatim dam site in northern Manitoba was fatally injured on the job. The worker suffered a traumatic head injury when he was struck by a metal bar while in the process of removing a fabric panel from a temporary structure that was being dismantled. On April 25, 2014, the employer pleaded guilty under section 4(1)(a) of the Manitoba Workplace Safety and Health Act to the charge of failing to provide the necessary equipment to dismantle a temporary structure. The company was ordered to pay $187,550 in fines and surcharges.
On Aug. 29, 2010, a worker at Precision Diversified Oilfield Service Corp. in the Rural Municipality of Pipestone was fatally injured on the job. The worker was recording drill collar serial numbers off drill collars situated on a hydraulic pipe rack. Due to soft ground conditions, the pipe rack shifted causing two drill collars to roll towards the worker pinning him against additional drill collars that were situated on the rack. On May 12, 2014, the employer pleaded guilty under section 4(1)(a) of the Manitoba Workplace Safety and Health Act to the charge of failing to ensure that a worker utilized procedures in the course of working in close proximity to drill collars stored on a rack that minimized risk to safety. The company was ordered to pay $118,800 in fines and surcharges.
On Oct. 7, 2011, a worker at Vale Canada Limited in Thompson was fatally injured on the job. The worker was operating heavy equipment to place a portable steel bumper near the edge of an opening that was created when ore was extracted underground. The equipment went over the edge of the opening, falling approximately 120 feet to the ground below. On June 18, 2014, the employer pleaded guilty under section 4(1)(a) of the Manitoba Workplace Safety and Health Act to the charge of failing to ensure that work performed in the placement of the bumper by a worker was performed in a safe manner. The company was ordered to pay $187,500 in fines and surcharges.
On Feb. 3, 2012, a worker for the Winnipeg Symphony Orchestra Inc. was involved in a workplace incident that resulted in serious injury. The worker was retrieving an electrical cable beneath the stage of the Centennial Concert Hall in Winnipeg when he walked behind a curtain and fell approximately 11 ft. to the ground below. On July 10, 2014, the employer pleaded guilty under section 4(1)(a) of the Manitoba Workplace Safety and Health Act to the charge of failing to ensure that work performed in the retrieval of an audio cable below the stage in a workplace area known as ‘the crossover’ was performed in a manner ensuring the safety and health of its workers. The company was ordered to pay $5,050 in fines and surcharges. Charges under the Manitoba Workplace Safety and Health Act and Regulations against the I.A.T.S.E. Local 63 and the Manitoba Centennial Centre Corp. remain before the courts.
On June 20, 2011, a worker at RAE’s Construction in the Rural Municipality of Victoria Beach, Manitoba was fatally injured on the job. The worker was part of a work crew that was in the process of raising a cabin. During the course of this work, the cabin became unstable and shifted, pinning the worker between the cabin and the ground. On July 15, 2014, the business owner pleaded guilty under section 4(1)(a) of the Manitoba Workplace Safety and Health Act to the charge of failing to ensure that a temporary blocking system was adequate for the task the workers were performing. The business owner was ordered to pay $93,800 in fines and surcharges.
On May 2, 2011, a worker for Integra Castings Inc. was involved in a workplace incident that resulted in serious injuries. The worker was attempting to remove a piece of metal that was caught in a conveyor belt system. The worker’s hand got caught in a pinch point resulting in his arm being drawn into the conveyor belt system. The worker sustained serious injuries to his right collar bone and forearm. On July 30, 2014, the employer pleaded guilty under section 4(1)(a) of the Manitoba Workplace Safety and Health Act to the charge of failing to adequately guard the moving parts of a conveyor belt system. The company was ordered to pay $20,000 in fines and surcharges.
On Feb. 23, 2012, a worker for Granny’s Poultry Cooperative (Manitoba) Ltd. was involved in a workplace incident. The worker was attempting to remove turkeys that had become lodged between a spin-chill tumbler and a conveyor belt. While reaching to dislodge one of the turkeys, the worker’s arm was caught by a paddle of the rotating tumbler and drawn into the machine. The worker sustained significant contusions and abrasions to his left arm. On Aug. 25, 2014, the employer pleaded guilty under section 4(2)(b) of the Manitoba Workplace Safety and Health Act to the charge of failing to provide a worker with information, instruction, training, supervision and facilities respecting the safe operation of a spin-chill tumbler, and section 2.1.1(a) of the Manitoba Workplace Safety and Health Act Regulation, M.R. 217/2006 by failing to develop and implement safe work procedures for the operation of the spin-chill tumbler. The company was ordered to pay $31,300 in fines and surcharges.
On Jan. 13, 2012, a worker at Gerdau Ameristeel Corporation in Selkirk was seriously injured on the job. The worker was operating heavy equipment to remove molten metal from a slag pit. Water had been allowed to accumulate in the pit area. As the worker was removing the molten metal from the pit, the molten metal made contact with the accumulated moisture resulting in a steam explosion. On Sept. 4, 2014, the employer pleaded guilty under section 4(1)(a) of the Manitoba Workplace Safety and Health Act to the charge of failing to ensure that work performed in the removal of molten metal from a slag pit was performed in a safe manner. The company was ordered to pay $93,800 in fines and surcharges.
On March 19, 2012, a worker for NuSteel Industries (2008) Limited was involved in a workplace incident that resulted in serious injuries. The worker was attempting to move a large structural beam with an overhead hoist when the beam disengaged from the hoist and pinned his left leg below the knee. The worker sustained serious injuries to his leg as a result of the incident. On Sept. 8, 2014, the employer pleaded guilty under section 2.7(1) of the Manitoba Workplace Safety and Health Act Regulation, M.R. 217/2006 to the charge of failing to immediately communicate or notify WSH of the serious incident involving the worker. The company was ordered to pay $50,050 in fines and surcharges.
On Oct. 1, 2010, a worker for GKW Construction Incorporated was involved in a workplace incident that resulted in serious injury. The worker was dismantling a scaffolding system at a construction site when he fell 27 feet to the ground below. On Sept. 11, 2014, the employer pleaded guilty under section 4(1)(a) of the Manitoba Workplace Safety and Health Act to the charge of allowing a worker to execute his duties in close proximity to a fall hazard without a fall arrest system. The company was ordered to pay $20,050 in fines and surcharges.
On Aug. 11, 2012, a worker for M.J. Roofing & Supply Ltd. was involved in a workplace incident. Utilizing a manual hoist, the worker was attempting to lower a heavy piece of equipment from the roof of a building. The counterweights on the manual hoist dislodged, causing the piece of equipment, hoist and the worker to fall approximately 12 ft. into the box of a company truck below. The worker sustained lacerations and contusions to his head and upper body. On Oct. 2, 2014, the employer pleaded guilty under section 4(1)(a) of the Manitoba Workplace Safety and Health Act to the charge of allowing a worker to execute his duties in close proximity to a fall hazard without a fall arrest system, and section 23.32(3) of the Manitoba Workplace Safety and Health Act Regulation,
M.R. 217/2006 by failing to ensure that construction material consisting of the footings from a guardrail system were not used as a counterweight on the roofer’s hoist. The company was ordered to pay $25,000 in fines and surcharges.
On Sept. 26, 2012, a worker at Maple Leaf Foods Inc. operating under the business name Rothsay was involved in a workplace incident that resulted in serious injuries. The worker had been exposed to hydrogen sulfide emissions from a steam pressurized vessel called a hydrolyzer. On Oct. 2, 2014, the employer pleaded guilty under section 4(2)(a) of the Manitoba Workplace Safety and Health Act to the charge of failing to take measures to ensure that a hydrolyzer could be operated without risks to its workers. The company was ordered to pay $62,550 in fines and surcharges.
When a workplace incident occurs, Manitoba Workplace Safety and Health investigates and can recommend prosecution if it is determined the employer did not have appropriate safeguards in place or did not implement legislated requirements, or that employees had not been properly trained. Employers are reminded that when a serious incident occurs, they are required to notify WSH immediately and by the fastest means available, and ensure the scene remains undisturbed until otherwise directed.
More information on Manitoba Workplace Safety and Health and the Manitoba Workplace Safety and Health Act is available at http://safemanitoba.com/compliance.
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