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Two Calgary construction firms fined $168,000 each for workplace safety violations

by HR News Canada

Two Calgary construction companies were fined $168,000 each for violations of Alberta’s Occupational Health and Safety (OHS) Act following a workplace incident that left a worker with severe injuries. The penalties were handed down in the Calgary Court of Justice on Jan. 16.

Ihawk Construction Ltd. pleaded guilty to failing to ensure the health and safety of a worker, contrary to the OHS Act. The company’s fine included a victim fine surcharge. Twelve additional charges against the company under OHS laws were withdrawn by the Crown.

Utopia Construction Inc., the prime contractor on the site, admitted to failing to establish a system or process to ensure compliance with OHS laws. The company was fined $168,000, inclusive of the victim fine surcharge. The Crown withdrew two additional charges against Utopia Construction.

The charges stem from a Jan. 2, 2023, incident at a residential construction site in Calgary. A worker using an unsecured portable ladder next to an uncovered floor opening fell into the basement after the ladder slipped and toppled through the opening. The worker sustained life-altering injuries.

In the same case, the Crown withdrew 13 OHS charges against Rajwinder Kaur, an employer, and two charges against Rajwinder Singh, a supervisor.

Under Alberta’s OHS laws, employers and prime contractors are responsible for ensuring workplace safety. Charges can be laid if violations lead to serious injuries or fatalities.

Both companies and the Crown have 30 days to appeal the convictions or fines.

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