Charges under the Occupational Health and Safety Act and the Employment Standards Code

Active Charges

The following cases are allegations yet to be proven in court. Please check with local courts as dates are subject to change at any time. Should charges be withdrawn or the individual, company or municipality charged be acquitted or found not guilty, the webpage will be updated to reflect that information. For more information, please contact the Communications Branch.

Charged is: Taber Truck and Trailer Repair Ltd.
Date charges laid: January 18, 2012
Location of alleged offence: Taber
Date of alleged offence: February 1, 2010
Type: Injury
Description: A worker received serious burn injuries as a result of an explosion that occurred while he was cleaning the inside of the tank portion of a tanker trailer unit that had been used to haul hydrocarbons.
Contravention:

Taber Truck and Trailer Repair Ltd. is charged with seven counts:
- Section 2(1)(a)(i) of the Occupational Health and Safety (OHS) Act
- Section 7(4) of the OHS Code
- Section 44(1) of the OHS Code
- Section 45 of the OHS Code
- Section 52(3.1) of the OHS Code
- Section 165(3)(A) of the OHS Code
- Section 232(1) of the OHS Code


Charged is: E.B. Exteriors (1041383 Alberta Limited)
Date charges laid: January 10, 2012
Location of alleged offence: Calgary
Date of alleged offence: January 23, 2010
Type: Fatality
Description: A worker was fatally injured when he fell 6.3 metres from a pump jack scaffold.
Contravention: E.B. Exteriors is charged with five counts:
- Section 2(1)(a)(i) of the Occupational Health and Safety (OHS) Act
- Section 2(5) of the OHS Act
- Section 331(A) of the OHS Code
- Section 330(1)(B) of the OHS Code
- Section 330(1)(D) of the OHS Code

Charged is: Cee-Cee Roofing (1147509 Alberta Ltd.) and Woodlands County
Date charges laid: November 4, 2011
Location of alleged offence: Fort Assiniboine
Date of alleged offence: November 8, 2009
Type: Injury
Description: A worker employed by Cee-Cee Roofing was seriously injured when he fell from the roof of the fire hall in Fort Assiniboine. Cee-Cee Roofing was contracted by Woodlands County. The worker was part of a four worker crew that was in the process of applying additional roofing and insulation material to the roof of the fire hall.
Contravention: Cee-Cee Roofing is charged with 5 counts:
- Section 2(1)(a)(i) of the Occupational Health and Safety (OHS) Act
- Section 7(1) of the OHS Code
- Section 7(2) of the OHS Code
- Section 139(1)(a) of the OHS Code
- Section 140(3) of the OHS Code

Woodlands County is charged with a single count:
- Section 2(5) of the OHS Act

Charged is: Bayview Constructors Inc.
Date charges laid: October 14, 2011
Location of alleged offence: Calgary
Date of alleged offence: November 18, 2009
Type: Injury
Description: Two workers were performing cleanup work on the second level of a school under renovation. One worker stepped back to avoid the dust being generated by the cleanup work and fell almost 4 metres through a partially covered floor opening.
Contravention: Bayview Constructors Inc. was charged with two counts:
- Section 2(1)(a)(i) of the OHS Act
- Section 314(3)(a) of the OHS Code

Charged is: North Star Contracting Inc.
Date charges laid: October 5, 2011
Location of alleged offence: Calgary
Date of alleged offence: November 16, 2009
Type: Injury
Description: A work crew was retrofitting a sanitary bypass system. A labourer was in the process of cutting pipe when the cut off saw he was operating kicked back and struck him in the face. The worker received serious injuries.
Contravention:

North Star Contracting Inc. was charged with two counts:
- Section 2(1)(a)(i) of the OHS Act
- Section 12(d) of the OHS Code


Charged is: Woodrose Homes Ltd., and Division 6 Contracting Ltd.
Date charges laid: July 28, 2011 (summonses served August 4)
Location of alleged offence: Bragg Creek
Date of alleged offence: August 13, 2009
Type: Injury
Description: A carpenter and framer were removing a wooden beam when the apprentice carpenter fell approximately seven metres from a scaffold. The apprentice carpenter landed in an open excavation hitting his head on a concrete footing. He received serious head injuries.
Contravention:

Woodrose Homes Ltd. as a contractor, was charged with one count under Section 2(5) of the Occupational Health and Safety (OHS) Act.

Division 6 Contracting Ltd. was charged with 3 counts:
- Section 2(1)(a)(i) of the OHS Act
- Section 7(4)(c) of the OHS Code
- Section 139(1)(a) of the OHS Code


Charged is: HBF Crushing Inc. and Fath Industries Ltd.
Date charges laid: March 4, 2011
Location of alleged offence: Delburne
Date of alleged offence: March 6, 2009
Type: Injury
Description: A worker suffered a serious injury when his hand was pulled into an unguarded drive pulley.
Contravention:

HBF Crushing Inc. was charged with three counts:
- Section 2(1)(a)(i) of the OHS Act
- Section 12(1)(a) of Alberta Regulation 62/2003, OHS Regulation
- Section 12(d) of the OHS Code

Fath Industries Ltd. was charged with one count:
- Section 3(3) of the OHS Act


Charged is: Proflo Production Separators Ltd., TY2K Consulting Ltd., and Eric Spuehler
Date charges laid: January 28, 2011
Location of alleged offence: Edmonton
Date of alleged offence: January 29, 2009
Type: Fatality
Description: Two workers were fatally injured when the flare stack they were erecting came into contact with a 14.4 kV overhead power line that was located on a Penn West Petroleum Ltd. (Penn West) work site, 3 km west of Edmonton.
Contravention:

Proflo Production Separators Ltd., TY2K Consulting Ltd. and Eric Spuehler were charged with 8 counts:
- Section 2(1)(a)(i) OHS Act
- Section 2(1)(a)(i) OHS Act
- Section 2(1)(a)(ii) OHS Act
- Section 2(1)(a)(ii) OHS Act
- Section 7(2) OHS Code
- Section 7(4)(a) OHS Code
- Section 225(1) OHS Code
- Section 225(2) OHS Code

TY2K Consulting Ltd. and Eric Spuehler were charged with 2 counts:
- Section 2(5) OHS Act
- Section 2(5) OHS Act

Eric Spuehler was charged with 2 counts:
- Section 2(2)(a) OHS Act
- Section 2(2)(a) OHS Act


Charged is: CCS Contracting Ltd.
Date charges laid: January 7, 2011
Location of alleged offence: Edmonton
Date of alleged offence: January 21, 2009
Type: Injury
Description: A worker was seriously injured when he fell 12 metres from a roof while helping a co-worker operate a roof cutting machine.
Contravention: CCS Contracting Ltd. was charged with two counts:
- Section 2(1)(a)(i) of the OHS Act
- Section 139(1)(a) of the OHS Code

Charged is: Cat Bros. Oilfield Ltd.
Date charges laid: November 2, 2010
Location of alleged offence: Elnora
Date of alleged offence: November 4, 2008
Type: Fatality
Description: Workers had loaded a backhoe onto a trailer. After loading it, a worker started to retrieve equipment to secure the backhoe on the trailer. The backhoe was left running and the transmission may have been left in the forward drive position. When the equipment operator applied power to the backhoe it lurched forward pinning the worker between the bucket of the backhoe and the back of the truck that was towing the trailer. The worker was fatally injured.
Contravention:

Cat Bros. Oilfield Ltd. was charged with one count:
- Section 2(1)(a)(i) of the OHS Act


Charged is: Extreme Excavating & Backhoe Services Ltd.
Date charges laid: October 1, 2010
Location of alleged offence: Spruce Grove
Date of alleged offence: October 8, 2008
Type: Fatality
Description: A heavy equipment operator was fatally injured when a large cable drum fell from a backhoe and struck him on the head.
Contravention: Extreme Excavating & Backhoe Services Ltd. is charged with two counts:
- Section 2(1)(a)(i) of the OHS Act
- Section 12(1)(a) of the OHS Regulation

Charged is: Encana Corporation
Date charges laid: October 1, 2010
Location of alleged offence: Darwell
Date of alleged offence: October 3, 2008
Type: Fatality
Description: A worker was at a natural gas separator/compressor facility when he was struck on the head and fatally injured by an unsecured discharge pipe.
Contravention: Encana Corporation is charged with five counts:
- Section 2(1)(a)(i) of the OHS Act
- Section 2(1)(a)(ii) of the OHS Act
- Section 2(5) of the OHS Act
- Section 3(3) of the OHS Act
- Section 189 of the OHS Code

Charged is: Clayton Construction Ltd. and Canadian Natural Resources Ltd.
Date charges laid: September 2, 2010
Location of alleged offence: Fort McMurray
Date of alleged offence: September 3, 2008
Type: Fatality
Description: A worker was entering a tailings pond from off shore in a Caterpillar 235 floating excavator. Approximately 15 metres from shore the excavator flipped to the left onto the operator side and sank to the bottom of the pond, 3 metres.
Contravention: Clayton Construction Ltd. was charged with seven counts:
- Section 2(1)(a)(i) of the OHS Act
- Section 12(1)(a) of the OHS Regulation
- Section 15(1) of the OHS Regulation
- Section 9(1)(a) of the OHS Code
- Section 9(1)(b) of the OHS Code
- Section 12(d) of the OHS Code
- Section 260(1) of the OHS Code

Canadian Natural Resources Ltd. was charged with two counts:
- Section 2(5) of the OHS Act
- Section 3(3) of the OHS Act


Charged is: Eco-Industrial Park Inc. and Canadian Consolidated Salvage Ltd.
Date charges laid: August 13, 2010
Location of alleged offence: Edmonton
Date of alleged offence: August 15, 2008
Type: Injury
Description: A labourer fell from a second storey mezzanine onto a pile of scrap metal and sustained multiple broken bones and body trauma. Workers employed by Eco-Industrial Park Inc. and Canadian Consolidated Salvage Ltd. and Diversified Staffing Services Ltd. were also exposed to an environment that had asbestos containing materials.
Contravention: Eco-Industrial Park Inc. was charged with six counts:
- Section 2(1)(a)(i) of the OHS Act
- Section 2(1)(a)(ii) of the OHS Act
- Section 2(5) of the OHS Act for the worker’s injuries on August 15, 2008
- Section 2(5) of the OHS Act, for workers’ health issues
- Section 3(3) of the OHS Act for the worker’s injuries on August 15, 2008
- Section 3(3) of the OHS Act, for workers’ health issues

Canadian Consolidated Salvage Ltd. was charged with nine counts:
- Section 7(1) of the OHS Code
- Section 7(2) of the OHS Code
- Section 115(1) of the OHS Code
- Section 143(1) of the OHS Code
- Section 7(4)(a) of the OHS Code
- Section 7(4)(c) of the OHS Code
- Section 28(b) of the OHS Code
- Section 35 of the OHS Code
- Section 185 of the OHS Code


Charged is: Finning International Inc. (Finning)
Date charges laid: July 7, 2010
Location of alleged offence: Fort McMurray
Date of alleged offence: July 8, 2008
Type: Fatality
Description: A third-year apprentice heavy duty mechanic, was run over by a Caterpillar 797F heavy haul truck while attempting to tow the disabled haul truck to the maintenance shop.
Contravention: Finning International Inc. is charged with four counts:
- Section 2(1)(a)(i) of the OHS Act
- Section 7(4) of the OHS Code
- Section 8(1) of the OHS Code
- Section 15(1) of the OHS Regulation

Charged is: Perera Development Corporation, Perera Development Group Ltd., Perera Shawnee Ltd. and Mr. Don Lakshman Perera
Date charges laid: February 11, 2010
Location of alleged offence: Calgary
Date of alleged offence: February 14, 2008
Type: Fatality
Description: An excavation wall collapsed, burying a dump truck. The dump truck operator was fatally crushed inside the cab of the truck.
Contravention: Perera Development Corporation, Perera Development Group Ltd. and Perera Shawnee Ltd. were each charged with ten counts:

Counts related to fatality that occurred on February 14, 2008:
- Section 2(1)(a)(i) of the OHS Act
- Section 450(1) of the OHS Code
- Section 443(1) (a) of the OHS Code
- Failing to ensure that Section 2(1)(a)(i) of the OHS Act was complied with, contrary to Section 3(3) of the OHS Act
- Failing to ensure that Section 450(1) of the OHS Code was complied with, contrary to Section 3(3) of the OHS Act
- Failing to ensure that Section 443(1) (a) of the OHS Code was complied with, contrary to Section 3(3) of the OHS Act

Counts related to the workers who were working near the unstable excavation wall prior to the fatal incident:

Counts related to the workers conducting survey activities:
- Section 2 (1)(a)(i) of the OHS Act
- Section 2 (1)(a)(ii) of the OHS Act

Counts related to the workers conducting excavation activities:
- Section 2 (1)(a)(i) of the OHS Act
- Section 2 (1)(a)(ii) of the OHS Act

Mr. Don Lakshman Perera was charged with three counts:
- Failing to ensure that Section 2(1)(a)(i) of the OHS Act was complied with, contrary to Section 2(5) of the OHS Act
- Failing to ensure that Section 450(1) of the OHS Code was complied with, contrary to Section 2(5) of the OHS Act
- Failing to ensure that Section 443(1) (a) of the OHS Code was complied with, contrary to Section 2(5) of the OHS Act


Charged is: Western Lakota Drilling Limited (Lakota Drilling)
Date charges laid: December 22, 2009
Location of alleged offence: Near Cardston
Date of alleged offence: December 28, 2007
Type: Fatality
Description: A worker was attempting to close the clamshell lid of a clamshell container, but the lid would not close. As the worker walked around the corner of the clamshell container, the lid suddenly fell and struck the worker on the head. The worker was fatally injured.
Contravention: Western Lakota Drilling Limited was charged with three counts:
- Section 2(1)(a)(i) of the OHS Act
- Section 15(1) of the OHS Regulation
- Section 7(1) of the OHS Code

Charged is: Canadian Natural Resources Ltd., SSEC Canada Ltd. and Sinopec Shanghai Engineering Company Ltd.
Date charges laid: April 20, 2009
Location of alleged offence: Fort McMurray
Date of alleged offence: April 24, 2007
Type: Fatality
Description: Two temporary foreign workers from China died, two others were seriously injured and three workers received minor injuries when the roof of a steel oil storage tank being constructed, collapsed. The workers were welding the wall structure inside the tank when the roof support structure collapsed onto them.

CNRL, Sinopec Shanghai Engineering Company Ltd., and SSEC Canada Ltd. each face numerous charges including several counts for failing to ensure the health and safety of the workers.

Other charges include failing to ensure that a professional engineer prepared and certified drawings and procedures; failing to ensure the roof support structure inside the tank was stable during assembly; failing to ensure that U-bolt type clips used for fastening rope wire were installed properly; and failing to ensure that wire rope being used was safe.

Contravention: For further details on these charges, please see page two of the information bulletin. SSEC Canada Ltd. was charged with fourteen counts, Sinopec Shanghai Engineering Company Ltd. was charged with ten counts, and Canadian Natural Resources Limited was charged with twenty-nine counts.
Created: 2009-04-15
Modified: 2012-01-27
PID: 6751