![]() One worker became lodged into a slow-moving conveyor, resulting in a serious injury.Ĭonviction: Emcon Services Inc. Convicted is: Emcon Services Inc.ĭescription: Two Emcon operators were conducting machine service duties. In addition, they were ordered, under OHS Act Section 49, to pay $414,000 in favour of Energy Safety Canada for the development of training materials for the management of critical hazards during maintenance and service operations for heavy mobile equipment.Īll other charges were withdrawn. They were fined $1000, inclusive of the 20 per cent victim fine surcharge. pled guilty to contravention of section 12(d) of the Occupational Health and Safety (OHS) Code, failure to ensure equipment, a counterweight, was serviced, tested, adjusted, calibrated, maintained, repaired and dismantled in accordance with the manufacturer’s specifications or the specifications certified by a professional engineer. While removing the last of six bolts, the counterweight fell onto the workers resulting in a fatality and a serious injury.Ĭonviction: Finning International Inc. any other purpose the Court considers appropriate to achieve healthy and safe work sitesĭescription: Two workers, employed by Finning International Inc, were attempting to remove a counterweight from an excavator for maintenance work.non-profit organizations for worker health and safety initiatives.scholarships for educational institutions offering studies in OHS and related disciplines.These sentences are often referred to as creative or alternative sentences.Įxamples of projects that promote occupational health and safety include: This type of sentencing diverts funds that would otherwise be paid as fines to third party recipients that promote occupational health and safety. ![]() The OHS Act Section 49 provides additional powers of the Court to make directions. Terms of probation are usually 6 months to 3 years. Conditions for probation may include safety training, public acknowledgment of the offense, third party audit of policies/procedures or any other condition the Court feels appropriate. In certain circumstances, in addition to a fine, the court may order probation for a corporation. If the convicted party(s) continues the offence, they may also be subject to an extra fine of up to $60,000 for each day which the offence continues.Īll fines are subject to a 20% victim surcharge. If the convicted party(s) continues the first offence, they can also get an extra fine of up to $30,000 per day.įines for a second or subsequent offence can be up to $1 million and/or up to 12 months in prison per violation. Finesįines for a first offence under the OHS Act Section 48(1) can be up to $500,000 and/or up to 6 months in prison per violation. Or a combination of one or more of the above. When the Court decides a work site party (defendant) is guilty, the convicted party may be sentenced with: After charges are laid, an employer, supervisor, worker, supplier, service provider, owner, contracting employer, prime contractor, or temporary staffing agency can:
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