Quebec Employer First
to be Criminally Convicted in Death of Worker
February 7th, 2008
Transpavé pleads guilty
to charges under Bill C-45, the 'corporate killing' law,
after 23-year-old worker killed
A
Quebec employer is the first in the country to be
convicted for criminal charges in a workplace death.
Transpavé, a manufacturer of concrete blocks in
Saint-Eustache, Que., pleaded guilty to criminal charges
in the death of 23-year-old Steve L'Ecuyer in October
2005. L'Ecuyer was crushed by a machine that stacks
concrete blocks, which the workers' compensation board
had previously instructed the company to repair, after
pallets with concrete had backed-up on the conveyer
belt.
The company's own security cameras captured the entire
incident on tape, which was turned over to the local
police.
The machine had a curtain guard which should have cut
power to the machine when the worker approached it, but
investigators determined this safety system was disabled
at the time and had been for nearly two years. It was
also discovered the employee hadn’t been told of the
danger and management was aware of the situation but did
nothing about it.
Transpavé was charged with criminal negligence causing
death and pleaded guilty on Dec. 7, 2007. The company
faces sentencing on Feb. 26.
The conviction of Transpavé is the first criminal
conviction of a corporation since the amendments to the
Criminal Code of Canada brought in by Bill C-45 in March
2004.
“We have seen regulatory OH&S investigators repeatedly
encourage the police and criminal crown attorneys to
prosecute organizations for criminal negligence
following tragic workplace accidents, without success,”
law firm Heenan Blaikie said in a release following the
court decision. “This conviction may signal an opening
of the gates to more criminal charges, along with
regulatory OH&S charges.”
The amendments, known as the corporate killing law,
stipulate organizations must take all reasonable steps
to prevent bodily harm to persons, including workers,
contractors and the general public.
In addition to being charged with contravention of
health and safety regulations, a corporation, its
supervisors or other representatives can now be charged
with criminal negligence by government enforcers at the
scene of a workplace accident.
Or
Teamsters Canada
Transpavé pleads guilty to
criminal negligence charges
12-14-2007
EST
Montreal, Quebec – Transpavé of
Saint-Eustache pleaded guilty last Friday at the St-Jérôme
Court House to an accusation of criminal negligence
which caused the death of a worker.
On October 11, 2005, Steve
L’Écuyer, 23 years old, died crushed by an industrial
machine after the security system to its automatic stop
was unplugged. The inquiry report has clearly
demonstrated the responsibility of the employer, where
the criminal negligence accusation having caused a death
has emanated. Mr. L’Écuyer was a member of the
Teamsters Local Union 1999 (affiliated with QFL).
A first in Quebec
It is the first time that an
accusation of criminal negligence having caused the
death of a worker was filed against a company, and it is
the first time that a company pleads guilty. “The
sentencing will begin next February 26th. We hope that
the Court will take into account, in the judgement that
it will render the fact that this company had received
many notices of negligence. Such a tragedy must not
repeat itself,” added Serge Bérubé, President of the
Teamsters Local Union 1999.
The officers must be
attributable
The Quebec Federation of Labour
questions the fact that no accusation was filed against
the officers. “The officers of the company must be
attributable. Transpavé pleaded guilty however, behind
the company are officers who make decisions and who give
orders. What is their part of responsibility in the
death of Steve L’Écuyer?” asks the QFL President Michel
Arsenault.
For information: Teamsters
Local Union 1999 - 514-355-1110
