January 19, 2010 4:00 PM
Belleville, Ont. - Sherritt International Corporation, a natural resource company operating as Canada Talc, pleaded guilty and was fined $285,000 today for a violation under the Occupational Health and Safety Act (OHSA) after a young worker was killed.
On August 20, 2008, a young worker at the Canada Talc mine in Madoc was killed by a flood of broken rock, sediment and water, called muck. The worker had been operating equipment to fill bins with muck flowing down from other areas of the mine. The bins were then sent up to the surface of the mine to be emptied. During the night, another worker on the surface of the mine heard unusual sounds coming from the muck-loading area. A camera in the mine shaft revealed an overflow of muck. When the young worker could not be contacted by telephone, a third worker went to investigate. That worker, upon arrival, saw an overflow of muck going down past the young worker's control station. The young worker had been asphyxiated.
A Ministry of Labour investigation found that the young worker's control station was located directly in front of the tunnel from which muck was flowing, putting the worker in danger during a run of muck. Water had also been added to the muck to make it flow faster. Additionally, the worker had not yet completed training specific to his task, he was working alone, and the mine's written procedures did not adequately address how to control a run of muck.
Sherritt International Corporation, operating as Canada Talc, pleaded guilty to failing to take the reasonable precaution of developing and implementing safety procedures and devices to protect the worker from a run of muck.
The fine was imposed by Justice of the Peace Jack Chiang. In addition to the fine, the court imposed a 25-per-cent victim fine surcharge, as required by the Provincial Offences Act. The surcharge is credited to a special provincial government fund to assist victims of crime.
Court Information at a Glance
Location: Ontario Court of Justice
235 Pinnacle St.
Belleville, Ont.
Judge: Justice of the Peace Jack Chiang
Date of Conviction: January 19, 2010
Defendant: Sherritt International Corporation operating
as Canada Talc
Matter: Occupational Health and Safety
Conviction: OHSA, Section 25(2)(h)
Crown Counsel: Grainne McGrath