In a recent legal proceeding at the Edmonton Court of Justice, Marathon Underground Constructors Corporation was ordered to pay $144,000 following a workplace injury incident.
The fine comes as a result of the company’s guilty plea to a charge under the Occupational Health and Safety (OHS) Act, specifically for failing to ensure the health and safety of a worker. The case saw six other charges under OHS legislation withdrawn.
The charges originate from an unfortunate event on March 7, 2022, at a construction site in Edmonton, where a worker sustained injuries after stepping into and falling down a piling hole previously covered by a piece of plywood.
In a unique turn of sentencing, instead of a traditional fine, the imposed penalty of $144,000 will be directed to the Alberta Construction Safety Association. The funds are earmarked for the development of a series of educational videos and a toolbox talk resource document, as part of what is referred to as a “creative sentence” under the OHS Act. This option allows for the redirection of fines towards initiatives aimed at enhancing or promoting workplace health and safety.
Both Marathon Underground Constructors Corporation and the Crown retain the right to appeal the conviction or the penalty within a 30-day period following the ruling.
This case highlights the critical importance of adherence to Alberta’s OHS laws, which establish fundamental health and safety regulations for workplaces within the province. These laws not only mandate the responsibilities of employers to maintain safe working environments but also detail the rights and protections available to workers. Charges under these laws may be pursued in instances of serious injury or fatalities resulting from non-compliance with established safety rules.