July 29, 2021
Province Prosecutes Employers for Workplace Incidents that Resulted in Injury and Death
After thorough investigations, the Manitoba government has prosecuted four employers for violations of the Workplace Safety and Health Act and its associated regulations that resulted in injury and death.
In an incident April 1, 2019, a pedestrian was struck by a dump truck and died of their injuries. The dump truck operator with Bulldog Demolition and Excavation Inc. had been tasked with removing debris from the southwest corner of Garden City Shopping Centre during renovations to the mall. When an excavator operator signalled for the dump truck to reverse into the site for loading, a pedestrian in close proximity was hit. After a thorough investigation by Workplace Safety and Health (WSH) officials, the employer was fined $20,000 and an additional $5,000 in court costs.
Ancast Industries Ltd. has been fined $50,000 for a Dec. 10, 2018, incident where a worker’s hand was entangled and seriously injured while they were cleaning around a walking beam, which is a heavy piece of equipment used to move castings from one area of the facility to another. Ancast Industries Ltd. was also fined $20,000 for an incident Feb. 1, 2019, where a worker was seriously injured while conducting maintenance on a tundish ladle. The equipment has an articulating mechanical arm to tilt the ladle and pour molten metal into molds, and wooden blocks used to raise and secure the support arms dislodged and the ladle fell and pinned the worker.
Affinity Welding and Design Ltd. has been fined $9,500 after a worker’s foot was significantly injured while they were fabricating a steel bracket Dec. 14, 2018. The worker’s supervisor attempted to flip over a part using an overhead crane equipped with rigging slings, when the 3,500-pound part slipped out of the slings and struck the worker’s foot. The employer received an additional $2,000 penalty to be used to educate the public about occupational safety and health.
Capital Homes Inc. has been fined $7,000 with an additional $1,500 penalty for public education after a Jan. 23, 2019, incident at a residential construction site. Additional workers from other employers were asked to assist Capital Homes Inc. workers lift an exterior wall. The workers experienced difficulty due to the weight of the wall and attempted to lower it back down. While lowering the wall, two workers were pinned between the wall and the floor, and one worker sustained serious injuries.
The province reminds employers to ensure that workplaces are safe and employers have adequate safeguards in place. WSH officials work in collaboration with Manitoba Justice and following a WSH investigation, reports may be forwarded to Manitoba Justice for review. After review, Manitoba Justice officials may authorize charges under the Workplace Safety and Health Act. The province may publish information on stop-work orders, administrative penalties, and convictions to inform and educate employers and workers of their legal responsibilities under the act and regulations. These measures are applied as behaviour-changing tools to encourage safe work practices.
More information can be found at www.gov.mb.ca/labour/safety/compliance.html.
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