Canada Labour Code Prosecution: Tri Corp Transportation Ltd.

The incident

On November 25, 2020, a technician/mechanic who was an employee of Tri Corp Transportation Ltd. sustained serious injuries while completing a repair to the roof of a 53-foot trailer using a scissor lift. The employee was not wearing any fall protection when they fell off the scissor lift, falling 4 metres, and landed on the maintenance shop floor. The employee died on December 4, 2020, at the hospital.

Prosecution

Following an investigation by the Labour Program, charges were laid on November 21, 2022, against Tri Corp Transportation for contravention of Part II of the Canada Labour Code (the Code).

On July 18, 2023, Tri Corp Transportation pled guilty to one count under subsection 148(1) of Part II of the Code for failing to ensure the health and safety of its employees, by failing to take preventive measures associated with the operation of a scissor lift, in contravention of paragraph 125(1) (z.03) of the Code, and paragraph 19.1(1) of the Canada Occupational Health and Safety Regulations (COHSR).

Tri Corp Transportation was ordered by the St. Thomas - Ontario Court to pay a fine of $40,000.