Judge
Orders Transpave to pay $110,000 fine in Death of Worker
March 20, 2008
ST-Jerome, QC
A
judge has ordered a Quebec company to pay $110,000 in
fines for a criminal negligence case involving the death
of a worker.
Quebec court Judge Paul Chevalier imposed the penalty on
Monday against Transpave, a Quebec paving-stone
manufacturer, for the death of worker Steve L’Ecuyer.
L’Ecuyer, 23, was killed in October 2005 when he was
crushed by a machine that was used with an unplugged
emergency safety device.
Andree Beaulieu, L’Ecuyer’s mother, told reporters she
was disappointed with the fine. She expected a penalty
in the millions, not just $110,000.
It
is believed to be the first criminal conviction and
sentence for a company blamed for a worker’s death since
the Criminal Code was changed in 2004.
The
law eases prosecutions against organizations, after
cases failed against mine managers in the Westray
disaster that killed 26 Nova Scotia miners.
Transpave, based in St-Eustache, Que., northwest of
Montreal, pleaded guilty in December to a count of
criminal negligence.
In a
statement released Monday, Transpave apologized to the
L’Ecuyer family.
The
criminal investigation against Transpave followed
another by Quebec’s worker health and safety commission
that found an optic security system on the machinery was
“neutralized.”
The
commission also found L’Ecuyer lacked the training to
realize the danger he was in.
Chevalier mentioned in his ruling that neither employees
nor management were unaware the system was unplugged at
the time of the accident.
The
Quebec Federation of Labour denounced Monday’s decision,
saying the Crown botched the case by describing the
company as exemplary in its health and safety record.
Federation president Michel Arsenault says workers have
made a number of health and safety complaints against
Transpave.
“For
a good number of years, Transpave was a bad employer
that didn’t respect the safety and security of its
employees,” Arsenault said.
“It’s a bit disappointing to see them walk away with a
$110,000 fine.”
Arsenault says the union could appeal the ruling.
Transpave’s lawyer, Claude Mageau, says the union’s
allegations about unsafe conditions are false.
Mageau said a safety commission employee testified that
there were complaints but no convictions or fines.
“It
goes against the evidence,” Mageau said of the union’s
assertions. “It’s false accusations.”
Transpave says it spent more than $500,000 to bring its
factories up to European safety standards, which are
higher than the norms required in North America.
The
company says it has spent more than $250,000 in other
health and safety initiatives over the past two years.
In
the Westray case, two mine managers faced criminal
charges that were eventually stayed for lack of
evidence.
Ensuing investigations found a myriad of safety
violations, blatant disregard for worker safety and
attempts to alter records.
Canadian Press
