First ‘corporate killing’ conviction nets $110,000 fine

Judge cites Quebec company’s extensive upgrades to equipment and safety programs after death of worker

In a historic sentencing, a Quebec company convicted of criminal negligence in the death of a worker has been ordered to pay $110,000.

Last December Transpavé, a paving-stone manufacturer in Saint-Eustache, Que., pled guilty to criminal negligence in the 2005 death of 23-year-old Steve L’Écuyer. Quebec court Judge Paul Chevalier handed down the $110,000 fine on March 17. Andrée Beaulieu, L’Écuyer’s mother, told reporters she was disappointed with the fine and she had expected a penalty in the millions of dollars.

First Bill C-45 conviction

Transpavé was charged with, and pled guilty to, criminal negligence causing death under the amendments to the Criminal Code brought in by Bill C-45, known as the “corporate killing law.” Bill C-45 came in the wake of the 1992 Westray mine disaster in Nova Scotia, where 26 mine workers were killed in an accident and two managers faced criminal charges. However, a lack of evidence stayed the charges, despite the fact later investigations found several safety violations and attempts to change records of the accident. The Bill C-45 amendments were designed to make it easier to charge companies for health and safety offences. Transpavé is the first company to be convicted since the amendments came into force in 2004.

Worker crushed to death

On Oct. 11, 2005, L’Écuyer relieved a co-worker working with a machine that stacks concrete blocks. When pallets with concrete stones backed up on the machine’s conveyer belt and got stuck, he tried to manually free them. As he did so, a device used to arrange the stones on the pallets moved down and crushed him beneath it.

The machine had a safety barrier designed to prevent it from operating when someone was underneath it. However, an investigation following the accident found the barrier had been disabled for most of the previous two years. Transpavé workers said it had been turned off because it had been slowing down production. The investigation also revealed L’Ecuyer hadn’t received proper training on the dangers of the situation.

Company took responsibility

In his ruling, Justice Chevalier said the company, managers and employees weren’t aware the safety guard wasn’t working and there was no intent on the company’s part for it to be turned off.

The fine reflected the company’s willingness to take responsibility for the incident, Chevalier said, and the $500,000 in equipment upgrades the company has made since 2006 to bring the plant in line with European standards, which are more stringent than North American standards. It has also spent more than $250,000 on other safety programs.

In a statement after the sentencing, the company reiterated its “most sincere regrets to L’Écuyer’s family.”

Labour group disappointed with verdict

In its own written statement, the Quebec Federation of Labour also indicated its disappointment with the decision, stating company managers should have been held accountable for the incident, not just the company as a corporate entity. Only a significant fine, for which they would be personally responsible for paying, will make managers truly value employee health and safety, said Michel Arsenault, president of the federation. Under the C-45 amendments, there is no limit on how much a guilty party can be fined.

The Crown botched the case by describing the company as exemplary in its health and safety record, said Arsenault, since there were numerous health and safety complaints lodged against the company.

However, a safety commission employee testified that while there were complaints, there were no convictions or fines, said Transpavé’s lawyer Claude Mageau.

For more information see:

R. c. Transpavé inc., 2008 CarswellQue 1750 (Cour du Québec)(Fr.).

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