WorkSafeNB's health and safety officers and occupational hygienists are given legislative authority to write orders under the Occupational Health and Safety Act, to improve safety and prevent accidents in New Brunswick workplaces.
When these orders are not complied with, or when an accident has taken place as a result of a violation of the Act and/or its regulations, WorkSafeNB may recommend charges to the Department of Justice.
WorkSafeNB's General Counsel's Office supervises these legal actions. A listing of recent court cases is included below.
On March 7, 2023, Weibe Hardware was fined $15,000 and a $3,000 victim fine surcharge for violating subsection 289(1) of the General Regulation (91-191) of the Occupational Health and Safety Act, for failing to ensure that an unqualified employee does not carry out any work requiring a person or object to be closer than 3.6 m to an energized electrical utility line.
The charges are a result of a fatal incident on Oct. 6, 2021. The employee had delivered pallets of wood pellets to a residence with a boom truck. The employee was standing on the ground while operating a boom to lift the pallets, when the boom came into contact with a 7200 volt power line. The employee was electrocuted and pronounced dead at the scene.
The employer did not have a work procedure or training for working around power lines.
On March 6, 2023, Richard Bartlett was fined $1,000 under paragraph 33(a) of the Occupational Health and Safety Act for obstructing a health and safety officer in the exercise of his powers or duties under this Act by preventing him from entering the property.
The fine is a result of an incident on May 12, 2022, when a WorkSafeNB health and safety officer visited Bartlett Memorials in Saint John regarding a complaint about potential unsafe work conditions. The officer met with Bartlett, who is the owner, and informed him of the complaint and the requirement to enter the premises to investigate. Bartlett refused the officer entry and demanded that the officer leave the workplace, despite being advised of the consequences of failing to comply with the Act.
On February 1, 2023, Snokist Ltd. was fined $4,000 and an $800 victim fine surcharge for violating General Regulation 91-191 under the Occupational Health and Safety Act for failing to establish a written lock out procedure for a machine.
The charge stemmed from an incident February 10, 2021, in which a worker lifted the cover of a hydraulically-operated wood splitter and reached inside to shift a piece of wood. The splitter’s knife came out and cut four fingers and half of the worker’s thumb. Reports showed the employer bought the splitter a couple weeks before the accident and had provided overview training, but the employer did not have any training records , a work procedure or a lock-out procedure for the machine.
On January 30, 2023, Hanson’s Sawmill & Affordable Cedar Log Homes was fined $5,000, for violating subsection 47(1) of the Occupational Health and Safety Act for failing to notify WorkSafeNB after an employee was injured and admitted to hospital as an in-patient.
The charge stems from an incident on June 7, 2021, when concrete forms fell on a Hanson’s employee while working at a private residence. Two employees removed the forms overtop the employee, who was then placed in the back seat of a pick-up truck and driven to hospital. Once at the hospital, Hayward was placed in a wheelchair and left in the emergency room lobby. The employee suffered multiple fractures and was hospitalized for more than one month while recovering from surgeries.
Hanson’s did not report the incident to WorkSafeNB and denied even having knowledge of it. However, WorkSafeNB investigators were able to corroborate enough facts to verify that the accident did happen and that the company was aware of it.
On Nov 24, Moosehead Breweries was fined $7,500 for violating paragraph 11(b) of the Occupational Health and Safety Act, for failing to take every reasonable precaution to ensure the health and safety of any person at its workplace.
The incident happed on September 22, 2021.
Moosehead failed to inform contractors that there was a power line in a concrete wall.
While drilling holes to fix cracks in a retaining wall, a contractor punctured a 15kv power line. Luckily there were no injuries.
The brewery lost power for several hours and incurred significant financial loss.
On August 29, 2022, Rockwood Transportation Co. Ltd., was fined a total of $4,800 for violating 242(1) of General Regulation 91-191 under the Occupational Health and Safety Act for failing to provide adequate safeguards for a driveshaft.
The charge stems from an incident on October 18, 2021, in which a worker was pulled into a tractor driveshaft when his jacket got caught in it. The worker suffered serious injuries, including a broken neck, collapsed lung, and liver, spleen, and nerve damage, that left him in a coma for several days.
On August 29, 2022, Thermalite Products was fined a total of $3,600 for failing to ensure that supervisors have sufficient knowledge of the Occupational Health and Safety (OHS) Act and its applicable regulations, in violation of paragraph 9(2)(c.3)(i) of the OHS Act.
The charge stems from an incident on June 7, 2021, that was not reported until three days later. An employee suffered a partial finger amputation when, on his first shift, he came into contact with the unguarded gap on a machine that makes Styrofoam containers. The worker was shown how to use the machine by a supervisor but was not informed of the hazards.
On August 29, 2022, Al’s Forestry and Trucking was fined a total of $1,500 for a violation under paragraph 43(1)(b) of the Occupational Health and Safety Act for failing to notify WorkSafeNB after an employee suffered an injury resulting in amputation.
The charge stems from an incident on February 11, 2021, when a 16-foot log fell on a worker’s leg from a B-Train trailer as it was being loaded. The incident was only reported to WorkSafeNB on February 22, 2021.
On July 18, 2022, Sunny Corner Enterprise was fined for violating subsection 9(2)(c.3)(i) of the Occupational Health and Safety Act for failing to ensure that work was competently supervised and that supervisors had sufficient knowledge of all matters within their scope of duties. They were fined $70,000, plus a victim surcharge of $14,000
The charge stems from a fatal accident on January 27, 2020 at NB Power in Belledune, when a worker was struck in the chest by a sheave when a concrete anchor failed.
On July 5, 2022, Marwood Ltd., was fined $7,000, plus a victim surcharge of $1,400 for violating sec 242(1) of General Regulation 91-191 of the Occupational Health and Safety Act for failing to provide adequate machine safeguards.
The charge stems from an incident on August 9, 2021 when an employee was using an air hose to clean an edger machine. The air hose made contact with two large rollers, sucking the hose in with so much force and speed that the employee did not have time to let go of the hose. The employee’s hand was lodged in between the two rollers, resulting in deep lacerations and a partial amputation of the thumb.
There was no lockout procedure for the edger and the rollers were not guarded.
On March 28, 2022, Suncoast Seafood was fined $1,000 for violating sec 239(3)(b)of General Regulation 91-191 of the Occupational Health and Safety Act for failing to have a written lock out procedure for a machine.
The charge stems from an incident on September 14, 2021, in which a worker’s hand was caught in a machine while the worker was cleaning it. The worker suffered two crushed fingers.
On February 8, 2022, Sophia Fougère was convicted of fraud against WorkSafeNB under sec 380(1)(b)(i) of the Criminal Code.
Fougère received a six-month conditional sentence, including four months of 24-hour house arrest followed by a two-month curfew of 9 p.m.-6 a.m. She was ordered to immediately pay restitution of $4,474.85 to WorkSafeNB and was fined a victim impact surcharge of $100.
On August 19, 2021, J. Leblanc Enterprise (2012) LTD., pleaded guilty to failing to provide an orientation specific to a new employee’s position before the employee began work. They were charged under subsection 47(1) of the OHS Act.
The charge is a result of an incident on February 5, 2021, when J. Leblanc Enterprise was on site at a recycling facility at the Port of Saint John, delivering a load of crushed cars. A new employee was on top of the tractor trailer containing the crushed cars when he fell approximately 12 feet while trying to release the tiedown cables that secured the load. The worker sustained multiple rib and collar bone fractures.
The recycler had a fall protection system available to truck drivers. This information was shared with J. Leblanc Enterprise, but J. Leblanc Enterprise failed to provide that information to the new employee. J. Leblanc Enterprise was fined $1,500.
On June 16, 2021, POLOBU TIRE Inc. (operating as OK Tire), of Saint-Quentin, was fined $2,500 for violating Subsection 47(1) of the Occupational Health and Safety Act for failing to take every reasonable precaution to ensure employee health and safety.
The charge is a result of an incident on October 2, 2019, in which the owner of OK Tire was repairing a large garage door motor. To access the motor, the owner asked an employee to use a forklift to lift a pallet that the owner was standing on, from where he conducted the repairs. After the repairs were done, the owner fell approximately 2.5 metres. The owner did not follow forklift platform requirements to have personal fall protection or a platform with a guardrail.
In determining the amount of the fine, the judge considered the fact that the employer has only two employees, and that it was the owner himself who was injured and not a worker.
After pleading guilty on March 22, 2021, Schenkel’s Farm Inc., was fined $21,600 on April 9 for violating section 9(1)(a) of the Occupational Health Safety Act for failing to identify a silo as a confined space.
The charge results from an incident on October 7, 2019, when a worker was found dead outside the silo. He had been working alone and the employer had not identified the hazards of working in a confined space.
On January 7, 2021, Northwest Roofers was fined $6,000 for violating section 9(1)(c) of the Occupational Health Safety Act for failing to provide fall protection equipment to its employees.
The charges resulted from two separate violations in September 2020, when employees were observed working without fall protection.
On December 4, 2020, District Scolaire Francophone Nord-Est was fined $125,000 for violating 49(1)(a)(i) of General Regulation 91-191 under the OHS Act for failing to provide a fall protection to its employees.
The charges resulted from a fatal accident on April 12, 2019. Two employees were repairing a ventilation system at the Ecole Cité-de-L’Amitié in Bathurst, when one of them took a step back and fell off the roof, approximately 5.16 metres. The employees were not using a fall protection system.
In her decision, Judge Brigitte Sivret determined that the lack of a health and safety program resulted in the worker’s death. She noted that the lack of a H&S program was directly linked to the absence of fall protection equipment and the lack of fall protection knowledge by the employees and direct supervisors.
On October 6, 2020, David Ernst, a founder of Terra Beata Processing Ltd., pleaded guilty to knowingly giving false information to a health and safety officer and ignoring a stop-work order. He was charged under subsection 47(1) of the OHS Act. Ernst was operating one of the company’s cranberry processing plants in Sackville.
On November 15, 2019, WorkSafeNB issued a stop-work order to the plant because oxygen levels were found to be below 15.9% in a cold storage area. The OHS Act requires an area’s oxygen levels to be at least 19.5% - otherwise appropriate breathing equipment is required to enter.
On February 6, 2020 a WorkSafeNB health and safety officer followed up on an anonymous tip that the stop-work order was being ignored. Ernst attempted to deceive the officer by emailing a photo showing the oxygen levels at 19.6%; however, the officer could see that the photo was of levels outside the cold storage area and that a second level should have been shown, over which Ernst had placed a sticker to conceal it. It was also discovered that Ernst had asked employees to enter the cold storage area without the proper breathing equipment when levels were too low.
Ernst was fined $8,000.
On July 29, 2020, Du-Rep Entreprises Ltée., pleaded guilty to a charge under section 9(1)(a) of the OHS Act for failing to take every reasonable precaution to ensure employee health and safety.
The charge was laid after an incident on July 22, 2019. Du-Rep Construction was building a garage, with the company’s owner working from a scissor lift. To access a location, the owner installed a plank at the end of the scissor lift’s platform and asked an employee to stand at one end while he worked. Later that day, the owner climbed onto the plank but forgot to ask the employee to stand at the other end; without the other employee’s counterbalance weight, the plank tipped and the owner fell almost 3.7 metres, suffering a concussion and broken ribs.
Du-Rep was fined $1,200.
On June 16, 2020, the Department of Transportation and Infrastructure (DTI) pleaded guilty to a charge under section 102(2)(b) of General Regulation 91-191 under the OHS Act for failing to provide a guardrail at open sides and open ends of the surface of a bridge from which an employee may fall 1.2 metres or more.
The charge was laid after an incident on August 28, 2019, that claimed the life of a DTI employee who fell 3.35m off a bridge under construction onto rocks of the riverbed below. DTI had been installing a deck on the bridge and had fitted a piece of 2x6 board as a bump rail. The worker fell when the bump rail failed as he sat on it. He was transported to hospital where he later died.
The regulation required a guard rail to be installed and the “bump rail” did not meet the legal requirements. In addition to the missing guardrail, the investigation also uncovered significant issues with health and safety; lack of clear direction for employees; lack of supervision; and, lack of adequate training and accountability. Meetings were held between WorkSafeNB and DTI upper management to discuss findings and provide help to improve their health and safety.
DTI was fined $125,000 on July 15, 2020.
On June 11, 2020, Envirem Organics Inc., pleaded guilty to a charge under section 252(2) of the General Regulation 91-191 under the OHS Act for failing to ensure that an inclined belt and associated components were adequately guarded.
The charge was laid after an investigation into an incident on February 20, 2019, when an employee suffered serious injuries. The employee was adjusting a newly installed belt on an operational conveyor and, while adjusting the belt his left arm made contact with the unguarded pulley. The employee suffered multiple injuries, including broken bones, a dislocated shoulder, , several fractures to the wrist and hand, paralysis from the middle of the upper arm and ligament and nerve damage.
Envirem Organics Inc., was fined $6,000.
On April 15, 2020, Irving Oil Limited pleaded guilty to a charge under subsection 9 (1)(a) of the Occupational Health and Safety Act for failing to take every reasonable precaution to ensure employee health and safety.
The charge resulted from an explosion at the refinery in Saint John on October 18, 2018. The cause of the incident was an area of localized corrosion in a reactor effluent pipe. The most serious physical injury was a broken heel bone.
Irving Oil was fined $200,000.
On February 20, 2020, Thermopak Ltée., pleaded guilty to a charge under 239(3) of General Regulation 91-191 under the OHS Act for failing to ensure to establish a written lockout procedure for a machine.
Charges were laid following an accident on June 8, 2018 in which a Thermopak employee was conducting a process change on a machine. During the adjustment, the employee’s hand was detected by the motion sensor, activating the machine sequence, and the employee’s hand was crushed. The machine was stopped but not locked out; the employer did not have a lock out procedure for that specific machine.
Thermopak Ltée., was fined $3,000.
On January 16, 2020, Northrup and Sons (doing business as Leon’s) was sentenced after previously pleading guilty in 2019 to a charge under subsection 9(2)(a1) of the OHS Act for failing to conduct monthly inspections.
In relation to the same incident, Dan Charlton, a supervisor with Northrup and Sons pleaded guilty to a charge under subsection 9(2)(d) of the OHS Act for failing to provide and maintain in good condition the protective equipment and to ensure the employee uses that equipment.
The charges were laid following an incident On February 26, 2018, in which a warehouse employee was left alone by Charlton in an overflow warehouse (the company owned a main warehouse and an overflow warehouse), and was later found on the floor, bleeding. The investigation found that the worker fell from a forklift platform, was not wearing fall protection, as required, and the overflow warehouse had not been inspected, leading to unsafe practices and equipment used in the overflow warehouse that were not allowed in the main warehouse.
The worker suffered a significant head injury, with life-altering repercussions.
Northrup and Sons was fined $20,000 and Charlton was fined $1,000.
January 14, 2020, All Systems Inc., pleaded guilty to a charge under 235(1) of General Regulation 91-191 under the OHS Act for failing to maintain a piece of equipment in accordance with the manufacturer’s specifications.
Charges were laid after a material hoist collapsed on the Centennial Bridge project site in Miramichi on November 28, 2017. All Systems Inc., owned and operated the hoist which had been modified without the manufacturer’s approval; limit switches were missing while others were bypassed. No one operating the hoist was properly trained. There were no injuries.
All Systems Inc., was fined $7,200.
On January 18, 2019, George Breau pleaded guilty to a charge under Regulation 91-191 subsection 49(1)(a)(i) of the OHS Act for failing to continually use a fall-protection system when working from an unguarded work area that is 3 m or more above water or the nearest permanent safe level.
During a workplace inspection on a project site, a WorkSafeNB health and safety officer observed Breau working within 10 feet of an unguarded flat roof edge of a six-storey structure without a fall protection system.
Breau was fined $800 and was reminded to follow OHS legislation at all times.
On April 4, 2019, D-Canaco Trading Inc., pleaded guilty to a charge under section 9(1)(a) of the OHS Act for failing to take every reasonable precaution to ensure the health and safety of its employees.
The charges resulted from an accident that occurred on May, 14, 2016. Three employees of D-Canaco Trading Inc. were transferring approximately 25 tonnes of ice from a dump truck into fishing vessels moored at a wharf. Two of the employees were inside a dump truck. The dump truck was raised to help move the ice. The ice slid from the truck, pushing out two workers who were inside the truck, and pushing the dump truck’s back gate open. One employee was thrown into the water and rescued and another suffered a broken nose. The third worker outside the truck suffered minor injuries.
An employee of a third party, under federal jurisdiction, died when he was crushed under the ice.
D-Canaco Trading Inc. was fined $2,500.
On July 18, 2019, fire chief Marc Landry, pleaded guilty to a charge under 12(d) of the OHS Act for failing to use the required protective equipment. The charges stemmed from a fire where Landry entered a burning building wearing only street clothes and no personal protective equipment, including no respirator. He also directed several firefighters under his command to enter the building wearing only their bunker gear and no respirators. The former chief was charged both as an employer and as an employee.
Landry was fined $2,000.
On May 15, 2019, Lead Structural Formwork Ltd., pleaded guilty to two separate incidents – one a fatality.
On January 30, 2017, a supervisor was working near an unguarded edge on the fourth floor of a building under construction when he fell to his death. He was trained in fall protection and was wearing a full-body harness at the time he fell but was not anchored and there was no anchor available. Lead Structural Formwork Ltd., was charged under section 95(2) of General Regulation 91-191 of the OHS Act for failing to provide fall protection system and were fined $50,000.
They were also charged as a result of an incident that occurred on February 20, 2017, when a supervisor’s jaw was broken when he was hit in the face by an unsecured chain hook. The investigation uncovered that the tower crane operator did not meet the competency requirements to operate the tower crane. The employer was charged with section 210.1(1) of the OHS Act for failing to ensure that the operator was competent and was fined $10,000.
On March 20, 2019, after earlier pleading guilty to a charge under 239(4) of the General Regulation 91-191 under the OHS Act for failing to ensure a piece of equipment was properly locked out, J.D. Irving was fined $80,000.
The charge was the result of a fatal accident at the JDI sawmill in Sussex.
In sentencing, the judge took into account that JDI had invested close to $400,000 in machinery upgrades, employee training, the hiring of three new supervisors to oversee the work area where the incident took place.
On February 28, 2019, FIREADY Inc. pleaded guilty to a charge under section 235 (1) of the General Regulation 91-191 of the OHS Act for failing to ensure a machine is operated in accordance with the manufacturer’s specifications. The charge was a result of an accident that occurred on December 12, 2017, in which three employees, including the owner were badly burned.
The workers entered the boiler room because there was an issue with the boiler’s combustion. The boiler door was left open while the workers were trying to figure out the boiler problem, when an explosion occurred in the boiler. The manufacturer prohibited the opening of the boiler door while in operation.
FIREADY Inc. was fined $5,000.
On February 12, 2019, Groupe Savoie, who had previously pleaded guilty to a charge under 9(2)(c.3) of the OHS Act for failing t provide adequate supervision, were fined $125,000.
The charge was a result of a fatal accident in which a 17-year-old worker was pulled into a conveyor on December 22, 2016.
During the joint submission to the judge, Groupe Savoie demonstrated that, since the accident, Groupe Savoie had made a significant investment in safety. This included having all of their supervisors attend WorkSafeNB’s two- day supervisor training workshop, participating extensively with WorkSafeNB’s Safety Leadership, and hiring another safety officer.
The judge’s sentence took into account Groupe Savoie’s investment in safety and the fact that these investments would help prevent any such accident from recurring.
On November 19, 2019 Edgar Carrier (doing business as Edgar’s Affordable Roofing) pleaded guilty to an offence under 43(1)(c) of the OHS Act for failing to immediately notify WorkSafeNB when an employee suffered an injury resulting in a fracture.
Carrier was charged as a result of an incident on September 7, 2018, when an employee fell off a ladder and broke a wrist. The injury required surgery and was reported to WorkSafeNB by the injured employee.
Carrier was fined $1,500.
La Coopérative de solidarité en recyclage et intégration à l’emploi hires workers with physical or mental challenges to recycle household garbage. When a legally blind employee put his foot on the side of a conveyor to speak to a co-worker on the other side, his foot was caught in the sprocket drive, as there was no guard on the conveyor.
On December 19, 2018, Ghislain Doiron, general director of La Coopérative de solidarité en recyclage et intégration à l’emploi, pleaded guilty to a charge under 9(1)(c) of the OHS Act for failing to ensure that his employees comply with the Act and regulations. Production manager Roger Comeau pleaded guilty to a charge under 9(2)(c.3), for failing to provide the necessary supervision to ensure employee health and safety. The charges were in relation to an accident on October 6, 2017 in which an employee suffered a broken foot.
Doiron was fined $2,250 and Comeau was fined $1,250.
MacArthur’s Paving and Construction Co. Ltd., pleaded guilty on December 11, 2018 to a charge under 182(1) of Regulation 91-191 under the OHS Act for failing to ensure that no employee enters an excavation or trench 1.2m or more deep, unless the walls are supported by shoring, bracing, caging or that the walls are sloped or benched.
An employee of MacArthur’s was in a trench installing a water pipe when the ground behind him caved in and his leg was broken. The trench was 7 feet deep, and at the location of the incident, did not have any caging, benching or sloping to make it safe.
MacArthur’s Paving and Construction Co. Ltd., was fined $6,400, plus a victim surcharge of $1,600.
The same incident resulted in a charge to Todd Stannard, the excavator operator, for failing to ensure the health and safety of any persons at his place of employment. Stannard pleaded not guilty and is scheduled to be tried March 12, 2019 in Moncton.
Daniel Chouinard Excavation Inc., pleaded guilty on December 5, 2018 to a charge under subsection 229(1)(a) of Regulation 91-191 under the OHS Act for failing to ensure that powered mobile equipment was maintained in a safe working condition.
Daniel Chouinard Excavation Inc., was fined $4,000, plus an $800 victim surcharge.
Colonial Manufacturing pleaded guilty on October 30, 2018 to a charge under section 8.2(2) of the OHS Act for failing to ensure a new employee received orientation and training specific to the new employee’s position.
As a result of a previous fire in one of their buildings, the employer disconnected the dust collector, leaving the airlock exposed. Because the dust collector was not connected, the collected dust was falling on the ground and the employee was hired to remove it. The employee’s arm was fractured when it was caught in the unguarded airlock.
Colonial Manufacturing was fined $4,000, plus a $1,200 victim surcharge.
On October 17, 2018, two charges were laid against J.D. Irving, Limited in relation to the workplace fatality of William Gregg on February 29, 2016 at a JDI sawmill in Sussex. One count for failing to provide proper supervision and a second count for failing to ensure a piece of equipment was properly locked out.
J.D. Irving, Limited pleaded guilty to the second count and the Crown dropped count 1. Before pleading guilty, an agreement between the defendant and the Crown prosecutor could not be reached in relation to a fine level. The judge will decide on the fine at a sentencing hearing in Saint John on March 20, 2019.
Joseph Coggar and Brian Coggar, doing business as Country Hill Builders, pleaded guilty on July 23, 2018 to charges under 95(1)(c) and 96.1(1)(b) of General Regulation 91-191, as a result of an accident on August 22, 2017 in which four workers were injured, one with a broken spine. Charges were laid against the supervisor, Joseph Coggar, and the manager, Brian Coggar for failing to ensure that a free standing wall or structure designed to support roof components or any load is braced from both sides until the free standing wall or structure is stabilized, and for failing to ensure that wooden trusses are erected in accordance with the manufacturer’s specifications .
Joseph Coggar pleaded guilty to one count, 95(1)(c), and was fined $1,500, plus a 20% victim surcharge. Brian Coggar pleaded guilty to 95(1)(c) and was fined $2,500, plus a 20% victim surcharge.
Scierie Chaleur Sawmill Limited Partnership pleaded guilty on July 17, 2018 to one count under subsection 239(4)(a) of General Regulation 91-191, where an employee suffered facial fractures. They were charged for failing to lock out a machine.
Scierie Chaleur were fined $12,500, plus a 20% victim surcharge.
The Department of Transport and Infrastructure (DTI) pleaded guilty March 27, 2018 to a charge under 10(b) of the OHS Act for failing to take every reasonable precaution to ensure the health and safety of any person having access to the project site.
The Crown and DTI submitted joint recommendations to the judge for sentencing, which were accepted. DTI was sentence to 30 days’ probation, with the following conditions:
Two employees from Groupe Savoie pleaded guilty on March 19, 2018 to a charge under (12(b) of the OHS Act for failing to take every precaution to ensure their own health and safety and the health and safety of others.
Jacques Gallant-Bédard, pleaded guilty and was fined $500, plus a $100 victim surcharge. Patrick Thibodeau pleaded guilty but because Thibodeau lost part of two fingers in the incident, the judge considered it a lesson learned and waived a fine.
After a two-day trial, February 13-14, 2018, Guimond Marine Finishers Inc., was found guilty on two charges: the first was under General Regulation 91-191, section 49(1)(a)(i) for failing to provide fall protection equipment and 9(2)(c.3) of the OHS Act, for failing to provide the necessary supervision to ensure employee health and safety. The employer was fined $4,000 per count ($8,000), plus an $800 victim surcharge per count ($1,600).
D & D & Associates Ltd., pleaded guilty on February 13, 2018 to one charge under 242(1) of General Regulation 91-191, for failing to provide a safeguard on a piece of equipment. They were fined $4,000, plus an $800 victim surcharge.
Claude Losier, supervisor for St-Isidore Asphalte Ltee., pleaded guilty February 13, 2018 to a charge under (9(2)(c) of the OHS Act for failing to provide the information necessary to ensure employee health and safety of his employees. He was fined $1,000.
Entreprises Bastech (2014) Inc., pleaded guilty on September 26, 2017 to a charge under Regulation 91-191 subsection 180(2) of the OHS Act for “failing to ensure adequate operating procedures was used by employees working within 600mm of underground utility lines or piping”. Enterprises Bastech was subcontracted by MacArthur’s Paving & Construction Co. Inc. (MacArthur’s), who were contracted to do asphalt resurfacing, curb and gutter replacement and sidewalk construction work on residential streets for the Town of Riverview.On May 28, 2015, an employee of Entreprises Bastech was operating an excavator, attempting to remove a curb on MacDowell Avenue in Riverview, when he dug too close to an Enbridge Gas pipe line and struck the gas line, resulting in a gas leak. Although no employees sustained injuries, this incident could have resulted in a fatality or injuries to nearby employees and residents. Entreprises Bastech. was fined $5,000, plus a $1,000 victim surcharge.
The same incident resulted in a charge to the Town of Riverview for failing “to take every reasonable precaution to ensure the health and safety of any person having access to or using that place of employment or part thereof.” They pleaded guilty and were fined $4,000 plus a victim surcharge of $800.
T&L Abatement and Remediation Inc., pleaded guilty on May 29, 2017 for two counts under regulation 92-106 “Code of Practice for Working with Material Containing Asbestos”.
Under the first count, section 3 of 92-106, they were fined $3,000, plus a $600 victim surcharge for failing to adopt the code of practice required when working with materials containing asbestos.
Under the second count, section 4 of 92-106, they were fined $1,500, plus a $300 victim surcharge for failing to report to WorkSafeNB a class 2 asbestos abatement before starting the work.
David Chiasson, pleaded guilty March 8, 2017, to charges under the Occupational Health and Safety Act related to a stop work order issued to him and his crew of roofers. On November 10, 2015, a WorkSafeNB health and safety officer observed four workers on a roof performing weatherproofing without any fall protection in place. The officer recognized Chiasson from previous stop work orders, and asked him to get his crew to the ground. Chiasson was fined $3,900, including a $400 victim surcharge and a $1,500 charitable donation option. In 2013, Chiasson was fined $1,000 when he pleaded guilty to violations while performing roofing work. In his ruling, the presiding judge reminded Chiasson that he must take his responsibilities as an employer seriously before someone gets hurt.
Roland Leclair Construction Ltd. pleaded guilty April 26, 2017, to four charges under the Occupational Health and Safety Act. On April 20, 2016, a WorkSafeNB health and safety officer observed a worker painting an area near a bell tower without adequate fall protection in Pointe-Verte. Roland Leclair Construction Ltd. was fined $4,000 in the form of a charitable donation.
Jason Latouche Roofing, of Fredericton, was fined $2,000 on April 4, 2017 after pleading guilty to one charge under New Brunswick’s Occupational Health and Safety Act. On June 23, 2016, a WorkSafeNB health and safety officer observed two workers performing weatherproofing on a church without any fall protection. The two employees were each fined $300.
Sun Gro Horticulture pleaded guilty on April 4, 2017 to a charge under 9(2)(c.2) OHS Act for failing to provide the necessary training to ensure an employee’s health and safety. The worker died. Sun Gro Horticulture was fined $50,000, plus a $10,000 victim surcharge.
On February 8, 2017, MacArthur’s Paving & Construction Co. Inc. was fined $4,000 plus an $800 victim surcharge for failing “to take every reasonable precaution to ensure the health and safety of any person having access to a project site for which MacArthur’s Paving & Construction Co. Inc. was responsible”.
On July 20, Ralph B. Culberson pleaded guilty to a charge under 75(1) of the General Regulation 91-191 under the Occupational Health and Safety Act, for failing to ensure that a portable compressed gas container is stored so as not to endanger an employee’s health and safety. The charge resulted from a fatal accident on June 11, 2016, where a tank of acetylene exploded in the vehicle owned and operated by an employee of Ralph B. Culberson. Culberson was fined $7,500, plus a $2,250 victim surcharge.
Top Tradesmen Building Ltd., of Saint-Joseph-de-Kent, was fined $6,600 on January 20, 2017 for two offences under New Brunswick's Occupational Health and Safety Act. On October 16, 2015, a worker fell from a roof, more than six metres above the ground, in downtown Moncton. The worker was wearing a body harness, but it was not secured to an anchor point. Top Tradesmen Building Ltd. previously pleaded guilty for failing to immediately notify WorkSafeNB that an employee experienced an injury resulting in a serious fracture. It also failed to ensure no person disturbed the scene of the accident that resulted in serious injury, except as necessary.
On September 6, 2016, Les Cèdres Balmoral Ltée, pleaded guilty to a charge under subsection 43(1) of the Occupational Health and Safety Act for failing to immediately report to WorkSafeNB an injury that requires or may require hospitalization. The charge resulted from an incident on May 28, 2014 when an employee working on a log saw machine had his hand crushed between the log and the stopper arm. Les Cèdres Balmoral Ltée was fined $3,000, plus a $600 victim surcharge.
On August 22, Daniel Christie, president of C&D Construction, pleaded guilty to a charge under subsection 9(2)(c.3) of the Occupational Health and Safety Act for failing to provide the supervision necessary to ensure an employee’s health and safety. The charge resulted from an accident on September 24, when an employee fell off scaffolding and fractured his wrist, hip, and ankle. The employee was one of only two C&D Construction employees working at the site of an expansion project. Both employees were only in their second week of work with the company. An investigation found that the rolling scaffold being used had not been fitted with guardrails and the wheels were not locked. C&D Construction was fined $2,000, plus a $400 victim surcharge.
Midas Muffler, owned by Brian Assels, pleaded guilty July 21 to a charge under the OHS Act for failing to take every reasonable precaution to ensure the health and safety of his employees. The charge stemmed from an incident on May 4, 2015 at Midas Muffler in Moncton when a licensed automotive technician used a metal cutting saw mounted on the top of a waste oil tank. The tank exploded when sparks ignited the explosive mixture in the tank, and the worker received burns and lacerations. Assels was fined $2,500, plus a $500 victim surcharge.
MRDC Operations Corporation (MRDC), pleaded guilty July 21 to a charge under General Regulation 91-191, of the OHS Act for failing to ensure the competency of an employee with respect to the tools, equipment and machinery that employee is required to use. The charge stemmed from an incident on June 17, 2015 when the thinning saw being used by an employee clearing brush from a deer fence kicked back and struck a second employee on the leg. MRDC was fined $ 7,000, plus a victim surcharge of $1,400.
Christian Larocque, owner of Christian Larocque Services Ltée, pleaded guilty on June 15, 2016 to a charge under the OHS Act for failing to ensure that workers and objects remained at a specified distance from electrical utility lines. On May 29, 2014, the company was removing wooden debris from a clear-cut forest area. A truck driver made contact with an NB Power line while dumping a load of debris. The driver heard a loud bang and saw a fireball in his rearview mirror. No one was injured in the incident. Larocque was fined $3,333.34, plus a victim surcharge of $666.66.
Les Pêcherie LeBreton & Fils Ltd. pleaded guilty on May 17, 2016 to a charge under the Occupational Health and Safety Act. The company failed to ensure their employees continually use fall protection when working from an unguarded area more than three metres above the nearest permanent safe level. The charge stems from an incident on September 8, 2014 when a worker fell about three metres from a roof at a renovation project at 690 rue Acadie in Grande-Anse. The worker broke his left heel and bones in his right foot, and felt pain in his knees, hips back and neck. The court fined the company $12,000, including a victim surcharge, and issued a requirement that its supervisor and managers attend training on health and safety responsibilities.
Coastal Metals Ltd. pleaded guilty on May 17, 2016 to a charge under the Occupational Health and Safety Act for failing to ensure an employee used fall protection equipment in the course of his work. The company was fined $28,000, including a victim surcharge. The charge was laid following an incident on November 13, 2014 when a worker fell about 3.6 metres (12 feet) from steel housing supported by two overhead cranes. A failure in the rigging chain sling caused the steel housing to fall, toppling the worker onto a concrete floor. The worker became comatose after sustaining fractures to his skull, nose, cheek bones, arm, foot, hip and pelvis, and continues to experience difficulties due to a brain injury. As part of the sentencing, the supervisor and managers are required to attend training on health and safety responsibilities.
Sussex Tire Ltd. pleaded guilty on January 21, 2016 to a charge under the Occupational Health and Safety Act. The company was fined $8,400 for failing to ensure a safety cage or other restraining device was used and other precautionary measures taken to protect employees from an exploding tire. The charge was laid following an accident on December 8, 2014 when a worker was repairing a multi-piece rim and tire from an industrial rock bolting machine. After making the repairs, the worker reassembled and began inflating the tire with a compressor. During inflation, he tapped the rim's locking ring with a hammer to move it into the right position. It caused the tire's tube to rupture and the wheel assembly to explode, injuring the worker's hand and face.
Signature Landscaping pleaded guilty on December 22, 2015 to a charge under the Occupational Health and Safety Act for failing to provide necessary instruction to ensure employees' health and safety. The company was fined a total of $6,000. The charge was laid following an accident on May 30, 2014 while its employees were displacing large retaining wall concrete blocks at Mount Allison University's Purdy Crawford Centre for the Arts. One employee was rigging hoisting chains from an excavator's bucket to an unloaded block when the boom of the excavator accidently lowered, crushing his arm. WorkSafeNB's investigation determined the employer failed to ensure employees were provided with instructions of safe rigging and displacement of the material.
Terry McPhee, owner/operator of McPhee & Company Ltd., pleaded guilty on December 1, 2015 to a charge under the Occupational Health and Safety Act for failing to ensure electrical equipment had been de-energized and locked out before carrying out work. He was fined $2,500. The charge was laid following an accident on December 17, 2014 in the electrical room of Kings Place Shopping Centre in Fredericton. McPhee was demonstrating to two employees how to install a duplex fusible disconnect on an electrical panel when it came into contact with a 600-volt buss bar mounting hardware, causing an electrical fault and a subsequent arc flash. WorkSafeNB's investigation determined the employer failed to have the electrical equipment in a zero energy state or to wear personal protective equipment to prevent arc flash injuries.
Twello Property Management pleaded guilty on November 27, 2015 to a charge under the Occupational Health and Safety Act for failing to provide the necessary information to ensure the safety of a subcontractor. The company was fined $5,000. The charge was laid following an accident on September 2, 2014. The worker broke his foot when the fire escape platform he was standing on detached from the house, causing him to fall to the ground.
Jamer Materials Ltd. pleaded guilty October 13, 2015 to a charge under the OHS Act for failing to provide the necessary training to ensure an employee’s health and safety and was fined $12,000. The charge was laid following an accident on July 1, 2014 at the Bayside Wharf in Bayside, N.B. An employee was operating the hydraulics control unit of a ship loading conveyor when it flipped, crushing him underneath and causing serious injuries. WorkSafeNB’s investigation determined the employer failed to train and instruct the employee in the safe procedure for a conveyor changeover.
Butler’s Roofing Ltd. of Fredericton pleaded guilty on October 9, 2015 to a charge under New Brunswick’s Occupational Health and Safety Act for failing to immediately report a workplace injury. An employee broke his foot when he slipped on a loose shingle on the roof and fell almost four metres to the ground.
Three employees of H&L Framing (2006) Contractors Ltd. pleaded guilty on September 3, 2015 to charges of violating the Occupational Health and Safety Act. Supervisor Marcel Richard was fined $750 plus a $150 surcharge for failing to ensure his employees were using fall-arrest equipment. Employees Gilles Bastarache and Remi Thibodeau also pleaded guilty to failing to use fall-arrest equipment. They were released without penalty.
Vitalité Health Network pleaded guilty on August 28, 2015 to violating New Brunswick’s Occupational Health and Safety Act. Vitalité failed to establish a code of practice for the cleaning, maintenance, adjustments or repairs of the low-pressure condensate tank in a heating-cooling system. The charge stemmed from an incident, in which a worker experienced second-degree burns, at the Dr. Georges-L.-Dumont University Hospital Centre on July 16, 2014. The organization was fined $5,000, plus a victim surcharge of $1,500.
Newmans Roofing and Siding Inc. pleaded guilty on July 16, 2015 to a charge of violating the Occupational Health and Safety Act. Responding to a complaint of workers on a second-storey roof without fall-arrest equipment, WorkSafeNB issued a stop-work order on September 11, 2014. The company was fined $3,000 plus a $300 victim surcharge.
Chaleur Sawmill (Scieries Chaleur Associés) pleaded guilty on June 15, 2015 to charges under the Occupational Health and Safety Act for failure to ensure that no employee works on a machine, including cleaning, repair and maintenance, until it is in a zero-energy state and locked out by a competent person. The company was fined $5,000.
Guy Boudreau, an employee of G.B. Roofing Ltd., pleaded guilty on May 26, 2015 to a charge under the Occupational Health and Safety Act for failure to ensure that employees use a fall-protection system when employees work from an unguarded work area that is more than three metres above the nearest safety level. He was fined $500.
G.B. Roofing Ltd. also pleaded guilty on May 26, 2015 to a charge under the Occupational Health and Safety Act for failure to ensure that employees use a fall-protection system when employees work from an unguarded work area that is more than three metres above the nearest safety level. The company was fined $3,000.
D.M. Roofing Ltd. pleaded guilty on February 19, 2015 and was charged with several counts under the OHS Act after several of its employees were found to be working on a roof without the required fall-protection. The company entered a guilty plea to charges that it failed to ensure that employees use fall protection and failing to use guardrails where required. The company was fined a total of $1,600.
David Young, of Nackawic Mechanical Ltd., pleaded guilty on February 11, 2015 to a charge under the OHS Act for failure to operate a hoisting apparatus, industrial lift truck, powered mobile equipment or aerial device under proper safety provisions. The charge stemmed from an incident in which a boom came into contact with a high-voltage line. Young was fined $4,000.
I & B Construction Ltd. pleaded guilty on January 19, 2015 to charges under the OHS Act for failure to comply with first aid regulations and failure to take all reasonable precautions. An employee fell from staging into window and then to basement floor, resulting in two broken legs. The company was fined $5,000, which included victim surcharge.
Raymond Nadeau, supervisor for Dunbar Construction, pleaded guilty on December 1, 2014 to charges under the OHS Act for failure to designate a competent person as a signaller. The charges stemmed from an incident in which a steel plate dropped on a worker, causing arm crushing injuries. Nadeau fined $1,500.
Robert Roy Carpentry Ltd. pleaded guilty on September 17, 2014 to a charge under the OHS Act for failing to ensure a wood plank could not move in any direction that could injure an employee. The charge was laid following an incident in which a worker lost consciousness after falling three metres (10 feet) from scaffolding while working at a private residence. The firm was fined $7,000 plus a $1,400 victim surcharge.
Jacques Melanson Framing Inc. pleaded guilty on August 21, 2014 to charges under the OHS Act for: failure to ensure ends of a wall bracket platform have guardrails as required; failure to provide, where construction is being carried out in an area where an employee’s safety may be endangered by vehicular traffic, competent signallers to control the flow of traffic; and failure to provide a guardrail shall be made of materials with sufficient strength and rigidity. The firm was fined $5,000.
Martell Home Builders pleaded guilty on August 21, 2014 to charges under the OHS Act for failure to take reasonable precaution to ensure the health and safety of persons having access to a worksite and failure to ensure that a scaffold if above three metres has a guardrail that meets requirements. The firm was fined $7,500.
The Pepsi Bottling Group pleaded guilty on July 3, 2014 to a charge under the OHS Act for failing to ensure an industrial lift truck was inspected daily and maintained in good operating condition. The charge was laid following an incident on Dec. 17, 2012, which claimed the life of Thomas Snitch. The Pepsi Bottling Group was fined $45,000 plus a $9,000 victim surcharge.
In connection with the same incident, on March 20, 2014, Leon Marcel LeBlanc was fined $3,000, after earlier pleading guilty to failing to ensure an industrial lift truck was used only for the purposes for which it was designed. LeBlanc’s company was contracted by Pepsi to perform general maintenance at the bottling plant. Snitch was LeBlanc’s part-time employee.
LeBlanc was asked to remove a large piece of steel that was bolted to the floor because it needed to be replaced. Many of the bolts were loose and LeBlanc removed them, but one was stuck so he used a forklift to pry the steel from the floor. The large piece of steel went flying and struck Snitch in the head, killing him.
Norman Nixon, a supervisor with Hannah Construction Inc., pleaded guilty on June 10, 2014 to a charge under the OHS Act for allowing a crew to work on the roof of a building untethered. On July 12, 2013, a WorkSafeNB health and safety officer saw the crew working untethered on the roof of a building under construction in St. Andrews. The officer ordered the crew onto the ground, told them how they should be tied in, then said they could climb back onto the roof once they complied. When the officer returned approximately three hours later, the crew was back on the roof, still untethered. Nixon was fined $600.
R.L. Goguen Home Builders Inc. pleaded guilty on April 14, 2014 to a charge under the OHS Act for failure to ensure that an opening was guarded by a protective covering that was securely fastened. The charge stemmed from an incident in which a worker fell through an opening in the floor of a residential construction site. The company was fined $2,000.
Romeo Rossignol, supervisor for Maximum Roofing and Flooring Ltd., pleaded guilty on September 30, 2014 to a charge under the OHS Act for failure to ensure that an employee who is engaged in the weatherproofing of a roof is three metres or more above the ground or other safe working level, uses a fall-arrest system. Rossignol was fined $250.
Black Eagle Construction (1999) Ltd. pleaded guilty on March 25, 2014 to a charge under the OHS Act for moving scaffolding while workers were standing on it. On Nov. 8, 2012, Stewart and another worker were standing on the top platform of scaffolding, working on roof trusses at the Miramichi Riverside Entertainment Centre. The worker was wearing a fall-arrest harness but it was not tied off, having just unhooked it to move to the next truss and Stewart was wearing no restraint. Stewart instructed workers to roll the scaffolding over to the next truss while Stewart and the worker remained on the platform. The scaffolding hit an extension cord as it was being moved, and tipped over, causing Stewart and the worker to fall to the floor. Stewart injured his shoulder, had face contusions and was rendered unconscious. The worker suffered a crushed ankle and a shoulder injury. Black Eagle Construction (1999) Ltd. was fined $7,000, plus a $1,400 victim surcharge.
Chaleur Sawmill (Scieries Chaleur Associés) pleaded guilty on March 20, 2014 to a charge under subsection 43(1) of the Occupational Health and Safety (OHS) Act for failing to report to WorkSafeNB an injury that required hospitalization. The charge is a result of an incident in February 2013 in which a worker cut a finger and broke an arm when his hand was pulled into a pulley. Chaleur Sawmill was fined $4,000, plus a $900 surcharge.
TerraEX Inc. pleaded guilty on March 11, 2014 to a charge under the OHS Act for failure to ensure excavation is shored, braced or caged. The company was fined $3,000.
Prospect Building Contractors (2004) Ltd. pleaded guilty on January 10, 2014 to charges stemming from an incident in Fredericton in which an employee, who was also a supervisor, fell from a roof being installed on a commercial project. The company was fined $4,000 and also made a $1,000 donation to the Stan Cassidy Centre.
Lloyd Dutcher Developments Ltd. pleaded guilty on December 3, 2013 to a charge under the OHS Act for failing to provide such supervision, training and instruction necessary to ensure an employee’s health and safety. On June 21, 2012 an employee working for the company on a residential construction project fell through a stairwell opening on the second floor of the home to the basement floor. The worker was killed instantly. The charge stemmed from the fact that the company owner had been on site before the accident and observed the employees working at heights without fall protection and did not require them to wear it even though the equipment was available. Lloyd Dutcher Developments Ltd. was fined $15,000, plus a $3,000 victim surcharge.
David Chiasson, supervisor of Expert Roofing, pleaded guilty on October 23, 2013 to a charge under the OHS Act for failure to ensure that employees receive fall protection training and that to ensure that an employee who is engaged in the weatherproofing of a roof is three metres or more above the ground or other safe working level, has a slope exceeding 4 in 12 and has an unguarded edge, uses an individual fall-arresting system. Chiasson was fined $1,000.
AV Cell Inc. and Val Landry & Son (Roofing and Sheet Metal Working) Ltd. were fined in October, 2013, in relation to a workplace incident that claimed the life of a New Brunswick worker.
On September 29, 2011, Maurice Roussel, 60, a co-owner of Val Landry & Son Ltd. and the on-site supervisor, was one of three workers hired to do repair work at the AV Cell mill in Atholville. The workers fell about 10.6 metres (35 feet) to a concrete floor when a wooden catwalk they were using to reach part of a ceiling gave way. Roussel died and two other workers were badly injured.
AV Cell Inc., pleaded guilty October 9, 2013 under paragraph 11(b) of the Occupational Health and Safety (OHS) Act for failing to take every reasonable precaution to ensure the health and safety of workers in its place of employment. AV Cell Inc. was fined $60,000 plus a victim surcharge of $9,000.
Val Landry & Son (Roofing and Sheet Metal Working) Ltd., pleaded guilty October 16, 2013 to a charge under paragraph 9(1)(c) of the OHS Act for failing to ensure that its employees complied with fall protection requirements, as established under subsection 49(1) of General Regulation 91-191. Val Landry & Son Ltd. was fined $5,000 plus a victim surcharge of $1,000.
J.D. Irving Limited pleaded guilty on July 18, 2013, to a charge under the OHS Act for failure to ensure that no employee works on a machine until it is at zero-energy state and locked out by a competent person and for failure to establish a code of practice where it is not practical to lock out a machine. The charges stemmed from an incident in which an employee injured a hand. The company was fined $10,000 plus a $2,000 victim surcharge.
Edmond Gagnon Ltd. pleaded guilty on April 26, 2013 to a charge under the OHS Act for failure to provide instruction and supervision and failure to develop safe working procedures. The charge was laid in response to an incident in which a trailer was repositioned improperly, causing a worker to fall and be crushed against a wall. The company was fined $4,000.
AV Nackawic Inc. pleaded guilty on April 10, 2013 to two charges under the OHS Act; the first under paragraph 9(2)(a) for failing to ensure the safe working condition of its equipment and the second under paragraph 9(2)(c) for failing to provide proper training and supervision to its employees. On June 30, 2011, a maintenance crew attempted to cool a partially plugged and overheating line containing a liquid by-product created in the pulp process by adding an auxiliary line to the system’s cooler unit. In doing so, they modified fittings and used coupling mechanisms not according to industry standards. When the crew charged the line, pressure forced the hose to come off the modified fitting and a worker sustained burns from the liquid. Each charge resulted in a $5,000 fine with an additional $1,000 victim surcharge each for a total fine of $12,000.
AV Nackawic Inc. pleaded guilty on October 16, 2012 to a charge under the OHS Act for failing to ensure that adequate precautions were taken to ensure employee safety and leaving an area unguarded when a guardrail was removed to conduct work. The charge was laid following an incident on December 9, 2010, in which a worker fell more than 3.3 metres (10 feet) to the floor and sustained fractures. The company was fined $5,000, plus a $1,000 victim surcharge.
Cummings Felim Ltd. pleaded guilty on August 28, 2012 to a charge under the OHS Act for failure to provide adequate safeguards to prevent contact with moving drive or idler belts, rollers, gears, drive shafts, keyways, pulleys, sprockets, chains, ropes, spindles, drums, counterweights, flywheels, couplings, pinch points, cutting edges or other moving parts on a machine that may be hazardous to an employee. The company was fined $500.
On August 29, 2012, Dairytown Products Ltd., pleaded guilty to a charge under the Occupational Health and Safety Act for allowing an unauthorized employee to work on electrical equipment. The charge was laid following an accident July 26, 2011 at the food production plant that resulted in a worker suffering third-degree burns to his hand and arm. Dairytown Products was fined $5,000.
On August 21, 2012, Parts for Trucks, Inc., pleaded guilty to a count of breaching the confined space entry regulations. The charge was laid after an accident in October 2010, when a worker who was cutting inside a truck-mounted tank became trapped and another outside the tank was injured when the plasma cutter caused an explosion. Parts for Trucks, Inc., was fined $5,000, plus a victim surcharge.
On June 7, 2012, Clair Industrial Development Corporation Ltd. was found guilty of a charge under subsection 242(5) of General Regulation 91-191 of the OHS Act. On May 21, 2010, a worker was hospitalized after his finger was lacerated when he tried to dislodge a piece of wood that was stuck in a planer. He had failed to de-energize the machinery and the blade was not properly guarded. The company was found guilty for failing to ensure the machine was modified to protect employees from the hazards associated with the lack of an adequate safeguard. It was fined $2,000, plus a $400 victim surcharge.
On April 26, 2012, Twin Rivers Paper Company pleaded guilty to an offence under the OHS Act for failing to establish a written lockout procedure for a machine and ensure that an employee who may have to lock out a machine has been adequately trained to do so. A worker was hospitalized after his hand was crushed when it became jammed between a strapper and a metal post. The company was fined $6,000, plus a $1,200 victim surcharge. The company will also make an $1,800 charitable donation.
On April 17, 2012, Dominion Refuse, and its owners TwoEx Capital Inc. and Mar Mor Enterprises Inc., pleaded guilty to failing to provide adequate supervision and training to ensure the health and safety of its employees, as the result of a workplace fatality.
The charges were laid following the death of 25-year-old Adam Wade Harris, who died December 2, 2010, when he was struck by a large dumpster bin that came loose from a truck as it was being emptied.
The three companies were fined $35,000.
On April 16, 2012, SWP Industries, of St. Stephen, pleaded guilty to charges under the OHS Act for failing to provide adequate safeguards, as the result of a workplace accident on December 26, 2010. The accident resulted in a worker losing a finger and 17 months of work. The employee was operating a moulder machine and became distracted as he reached in to alter a feed wheel. As a result, his hand became caught in the feed wheel, and he had to have his middle finger amputated. (The moulder was an older model and did not have the proper safeguards.)
The company was fined $7,500, plus a victim surcharge on July 13, 2012.
On March 20, 2012, Walmart pleaded guilty to three offences under subsection 47(1) of the OHS Act, after an accident on January 5, 2011 resulted in the death of 17-year-old Patrick Desjardins. Denis Morin, a supervisor at Walmart, pleaded guilty to two offences, also under subsection 47(1).
Desjardins was electrocuted while using a floor polisher on a wet garage floor at the Walmart auto repair shop in Grand Falls. All charges related to failure to inspect, maintain and ensure proper use of the polisher and a faulty extension cord, and for allowing an employee to use the faulty equipment.
Walmart was fined $100,000, plus a $20,000 victim services surcharge, and Morin was fined $880, plus a victim services surcharge of $176, for a total of $1,056.
On March 3, 2012, Blanchard Ready Mix Ltd. pleaded guilty to an offence under paragraph 9(1)(c) of the OHS Act for a serious accident that occurred at its quarry in Belledune. On November 4, 2010, a trucking company's employee was delivering cement powder to the quarry. As he was standing on the steps of his truck's cab, putting on his safety footwear, an unattended off-road dump truck on a ramp near the crusher started to roll. Due to loud noises in the quarry, no one was able to warn the truck driver that the dump truck was rolling towards him. The dump truck struck the driver's truck, crushing him in between. Blanchard Ready Mix Ltd. was charged with failing to ensure an employee (the driver of the unattended off-road dump truck) complied with the requirements for powered mobile equipment operators when leaving that equipment unattended. The Blanchard employee failed to park the truck on level ground and remove the key. Blanchard was fined $25,000.
