Canada Labour Code Prosecution: Ken Johnson Trucking Ltd.

The Incident

On October 2, 2012, an employee of Ken Johnson Trucking Ltd. was injured while attempting to replace a safety valve on a tanker trailer used to transport flammable liquids. While the employee was attempting to loosen a seized bolt with a flame torch, flammable vapors escaped from the tank and exploded, engulfing the employee in flames. The employee sustained second and third degree burns. Secondary explosions involving other hazardous materials destroyed the garage in which the employee was working and caused over $500,000 in damage.

Prosecution

Following the investigation, legal proceedings were initiated.

On July 25, 2014, Ken Johnson Trucking Ltd. pleaded guilty to violating subparagraph 125(1)(z.03) of Part II of the Canada Labour Code , for failing to develop, implement and monitor, in consultation with company health and safety representatives, a prescribed program for the prevention of hazards in the workplace and failing to educate employees in health and safety matters relating to those hazards.

On December 19, 2014, the company was sentenced to a fine of $125,000, with two years to pay.

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