Canada Labour Code Prosecution: Services de Quai Fagen Inc.

The Incident

On March 7, 2012, an employee of Services de Quai Fagen Inc. was injured while on-duty. The employee's legs were crushed while unloading a ship.

Prosecution

Following the investigation, legal proceedings were initiated and pursued by indictment. Services de Quai Fagen Inc. pleaded guilty to three counts, all related to failing to protect its employees. On November 18, 2014, the court sentenced Services de Quai Fagen Inc. and ordered the company to pay a total of $315,000 for the following violations of Part II of the Canada Labour Code :

• Failing to ensure the employee used personal protective equipment that was clearly visible under all conditions of use ($100,000).
• Failing to ensure the protection of its employees by not implementing an adequate hazard prevention program ($100,000).
• Failing to ensure the forklift operator could avail himself of the assistance of a signalman or another mode of communication when maneuvering his handling equipment without an unobstructed view of the operating area ($115,000).

In addition, the employer was ordered to pay the victim $35,000 and the company has been placed on probation with respect to certain obligations under Part II of the Canada Labour Code. The probation period will be 18 months and will be monitored by the Labour Program.