Company Directors Jailed After Employee Death

There is a rising trend towards holding supervisors and managers legally responsible for accidents in the workplace. On January 13, 2015, New Mex Canada Inc., an Ontario importer and retailer of furniture and accessories, was fined $250,000 and two of its directors have been jailed for 25 days, after each pleaded guilty to safety violations which led to the death of one of their employees.

An employee was moving merchandise in the company's warehouse on January 18, 2013, using a combination forklift/operator-up platform called an order picker. According to the Ministry of Labour press release, the order picker "had been modified and had an additional platform supported by the forks that was tack-welded to the manufacturer-equipped operator platform. The added platform did not have a guardrail around it and the worker using it was not wearing fall protection or safety shoes." The worker, who fell from the platform, was pronounced dead at the scene and the cause of death was determined to be blunt force trauma to the head.

Directors Must Ensure Compliance with Safety Laws - Employer Must Provide Information and Equipment

The employer violated section 25(2)(a) of the Occupational Health and Safety Act, RSO 1990, c O.1 ("OHSA"), which requires an employer to provide information, instruction and supervision to a worker to protect the health and safety of the worker.

There was also a violation of section 85(a) of the Industrial Establishments Regulation, RRO 1990, Reg 851 (OHSA) which requires workers to use a safety belt or harness if the worker is at risk of falling more than three metres. The OHSA requires employers to ensure the safety measures prescribed by the regulation are carried out in the workplace.

The Ontario Ministry of Labour's investigation found that the warehouse workers were not given health and safety training and were not provided with any of the required fall protection equipment. The Ministry of Labour inspectors also found more health and safety hazards in the workplace after the fatality occurred.

The two directors plead guilty and were charged with failing as directors to take reasonable care that the corporation complied with the OHSA and Regulation 851. The company pleaded guilty to failing to provide information, instruction and supervision to the employee in this incident regarding fall protection and working from a height. The company also plead guilty to failing as an employer to ensure the safety measures required...