Worker died while performing maintenance on an excavator
Alberta employer Delta Land Co. Inc. has been fined $350,000 after one of its workers died in the workplace.
The incident happened Nov. 8, 2022 at a resort development site at Gull Lake.
The worker died after being caught between the boom and a grounded bucket while performing maintenance on an excavator.
The pleaded guilty on June 30 in the Red Deer Court of Justice to “one count under the Occupational Health and Safety (OHS) Code for permitting a worker to remain within range of a moving part of powered mobile equipment,” said the Alberta government.
Section 28 (3) of the codes reads: “If a worker could be caught between a moving part of a unit of powered mobile equipment and another object, an employer must (a) restrict entry to the area by workers, or (b) require workers to maintain a clearance distance of at least 600 millimetres between the powered mobile equipment and the object.”
The fine is inclusive of a 20 per cent victim fine surcharge. The Crown withdrew six other counts.
Both the company and the Crown have up to 30 days to appeal the conviction or penalties.
“Alberta’s OHS laws set basic health and safety rules for workplaces across the province,” said the Alberta government. “They provide guidance for employers to help them ensure their workplaces are as healthy and safe as possible while providing rights and protections for workers. Charges under OHS laws may be laid when employers fail to follow the rules results in a workplace fatality or serious injury.”
