Canada Labour Code Prosecution: Port of Dalhousie Inc.

The Incident

On June 27, 2016, an employee was killed while operating a loader at the Port of Dalhousie Inc. At the time of the incident, the employee was pushing wood chips up a ramp using a loader. The loader, while backing down the ramp, veered toward the outer edge and rolled down the embankment until it hit a cement barrier. The loader was not equipped with a seatbelt even though this make and model of loader was equipped with a seatbelt when it was manufactured.

Prosecution

Following the investigation, legal proceedings were initiated.

On June 20, 2018, 4 charges were laid against Port of Dalhousie Inc. Port of Dalhousie Inc. pleaded guilty to 2 charges under the Canada Labour Code (CLC) and the Canada Occupational Health and Safety Regulations (COHSR).  Count 1 (under s.125(1)(z.03) of the CLC) was for failure to develop, implement and monitor a prescribed program for the prevention of hazards. Count 3 (under s.125(1)(k) of the CLC and s. 14.7 of the COHSR) was for failure to ensure mobile materials handling equipment was equipped with a seat belt or shoulder strap restraining device.  As a result of the guilty plea, the employer was ordered to pay a fine of $25,000 for Count 1, and $50,000 for Count 3 for an overall total of $75,000.

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