Canada Labour Code Prosecution: Gil Soucy Trucking

The Incident

On March 14, 2013, an employee of Gil Soucy Trucking was injured while overseeing the loading of pipes from a flatbed truck. In the absence of the signalman, the truck driver guided the lift operator with hand signals from the flatbed truck. The lift collided with the flatbed truck, causing the pipes to tumble off the truck, which knocked down the driver in the process. Due to the severity of the injury, the driver’s leg required amputation above the knee.

Prosecution

Following the investigation, legal proceedings were initiated.

On March 9, 2015, Gil Soucy Trucking pleaded guilty to two charges related to failing to protect its employees and violating subparagraphs 125(1)(z.03) and 125(1)(z.04) of Part II of the Canada Labour Code . The company agreed to pay a total of $40,000 for failing to develop, implement and monitor the following, in consultation with the company’s health and safety representatives:

• A prescribed program for the prevention of hazards in the workplace appropriate to its size and the nature of the hazards in it, which also provides employees with education in health and safety matters. ($1,000)
• A prescribed program for the prevention of hazards related to the loading and unloading of drilling rods at Sunny Corner Enterprises Inc. ($39,000)

On March 12, 2015, the judge issued the sentence and ordered the company to put a Hazard Prevention Program in place within the next six months.