Alberta penalties doubled in 2011, many fines went to develop and build safety programs in the province
It wasn’t a record year for OHS penalties in Alberta, but where the cash from fines is going is increasingly changing in the province.
In 2011, Alberta courts levied more than $3.4 million in penalties. The total is the second highest ever and double the $1.7 million collected in 2010.
“Obviously it is a sign in the longer term with penalties getting heavier in Alberta of the courts recognizing that workplace injuries and fatalities are indeed preventable, and we’re seeing that reflected in the relatively heavy sentences being handed down,” said Barrie Harrison, a spokesperson with occupational health and safety inAlberta Human Services.
More than $2.3 million of the $3.4 million in penalties handed out in 2011 were creative sentences. The money was paid to third parties, such as post-secondary institutions and training programs that improve workplace health and safety. Individual creative sentences in 2011 ranged from $29,000 to $355,000.
“We’ve had legislation in place for... seven or eight years but, just like any new type of program, it does take awhile to gain some ground and momentum and now we’re certainly seeing a majority of our penalties include a creative sentence of some sort,” he said.
One of the programs that received money from the program was St. John Ambulance.
The organization received funds in mid-January with a goal of providing free first aid training for 1,000 Fort McMurray workers between the ages of 16 and 20.
The money turns a tragedy into a legacy. The $330,000 the organization received came from a penalty against Roofmart after 26-year-old Adam Piercey died after a being pinned by an articulating boom crane while he worked there in 2009.
“We really believe this type of sentencing, in this particular case, will provide the family to have some closure and it will have a real impact on the community to change the lives of future young workers in Fort McMurray,” said Beverly Lafortune, vice-president of training and community services for St. John Ambulance, Alberta Council.
Programs like these help to build a culture of safety, she said.
“I think it’s important that we begin as young as we can, and we do know that there are a lot of young people heading into the workplace and often take risks that maybe, perhaps if they had some training, they would realize the safety aspect of it.”
The message from the government is clear. Despite the positive outcomes of creative sentencing, the situation is obviously still not what anyone would like it to be.
“My first choice is to have no workplace injuries or fatalities, no charges, and no convictions,” said Minister of Human Services Dave Hancock. “However, when the law is broken, we need to send strong messages that the health and safety of Albertans must be a priority.”
The program has really taken off in Alberta. The proportion of sentences handed down by the courts that include some form of creative sentencing is higher than it’s ever been, said Harrison.
“We’re really happy with this program here in Alberta,” he said. “We can see something positive and something good come from such a tragic event. It’s a positive for everyone involved, including the family and friends of the injured or killed worker.”
Harrison attributes the increased number of penalties in 2011 to a number of factors.
Last year saw more OHS officers on the streets and there’s a plan going forward for that to increase in the future.
Increased charges mean an increased opportunity for the courts to dole out fines.
But at the end of the day the province is still at the mercy of its crown prosecutors and there are only so many prosecutors to go around, he said.
“But having said that, we all ensure, whether it’s OHS officers or crown prosecutors, that no cases fall between the cracks regardless of the number of personnel we have,” said Harrison.
“If there is a case that warrants prosecution, then that’s what’s going to happen.”
Creative sentencing and other OHS measures by the government and the courts send a clear sign to employers they must take workplace health and safety seriously, said Harrison.
“We know that Alberta has long had a reputation for being a bit of a renegade workforce and throwing caution to the wind and make money at all costs and that sort of scenario just isn’t acceptable anymore, and it hasn’t been really for a number of years and we’re seeing that in the culture particularly of the younger workers,” he said.
“You know, it’s nice to make a dollar but it’s much nicer to be going home at the end of your day. So we’re seeing a culture shift and for those who aren’t accepting of this culture shift then they’re the ones who will find themselves eventually in court because we’re making it very clear that not abiding by OHS law is just simply unacceptable.”
In 2011, Alberta courts levied more than $3.4 million in penalties. The total is the second highest ever and double the $1.7 million collected in 2010.
“Obviously it is a sign in the longer term with penalties getting heavier in Alberta of the courts recognizing that workplace injuries and fatalities are indeed preventable, and we’re seeing that reflected in the relatively heavy sentences being handed down,” said Barrie Harrison, a spokesperson with occupational health and safety inAlberta Human Services.
More than $2.3 million of the $3.4 million in penalties handed out in 2011 were creative sentences. The money was paid to third parties, such as post-secondary institutions and training programs that improve workplace health and safety. Individual creative sentences in 2011 ranged from $29,000 to $355,000.
“We’ve had legislation in place for... seven or eight years but, just like any new type of program, it does take awhile to gain some ground and momentum and now we’re certainly seeing a majority of our penalties include a creative sentence of some sort,” he said.
One of the programs that received money from the program was St. John Ambulance.
The organization received funds in mid-January with a goal of providing free first aid training for 1,000 Fort McMurray workers between the ages of 16 and 20.
The money turns a tragedy into a legacy. The $330,000 the organization received came from a penalty against Roofmart after 26-year-old Adam Piercey died after a being pinned by an articulating boom crane while he worked there in 2009.
“We really believe this type of sentencing, in this particular case, will provide the family to have some closure and it will have a real impact on the community to change the lives of future young workers in Fort McMurray,” said Beverly Lafortune, vice-president of training and community services for St. John Ambulance, Alberta Council.
Programs like these help to build a culture of safety, she said.
“I think it’s important that we begin as young as we can, and we do know that there are a lot of young people heading into the workplace and often take risks that maybe, perhaps if they had some training, they would realize the safety aspect of it.”
The message from the government is clear. Despite the positive outcomes of creative sentencing, the situation is obviously still not what anyone would like it to be.
“My first choice is to have no workplace injuries or fatalities, no charges, and no convictions,” said Minister of Human Services Dave Hancock. “However, when the law is broken, we need to send strong messages that the health and safety of Albertans must be a priority.”
The program has really taken off in Alberta. The proportion of sentences handed down by the courts that include some form of creative sentencing is higher than it’s ever been, said Harrison.
“We’re really happy with this program here in Alberta,” he said. “We can see something positive and something good come from such a tragic event. It’s a positive for everyone involved, including the family and friends of the injured or killed worker.”
Harrison attributes the increased number of penalties in 2011 to a number of factors.
Last year saw more OHS officers on the streets and there’s a plan going forward for that to increase in the future.
Increased charges mean an increased opportunity for the courts to dole out fines.
But at the end of the day the province is still at the mercy of its crown prosecutors and there are only so many prosecutors to go around, he said.
“But having said that, we all ensure, whether it’s OHS officers or crown prosecutors, that no cases fall between the cracks regardless of the number of personnel we have,” said Harrison.
“If there is a case that warrants prosecution, then that’s what’s going to happen.”
Creative sentencing and other OHS measures by the government and the courts send a clear sign to employers they must take workplace health and safety seriously, said Harrison.
“We know that Alberta has long had a reputation for being a bit of a renegade workforce and throwing caution to the wind and make money at all costs and that sort of scenario just isn’t acceptable anymore, and it hasn’t been really for a number of years and we’re seeing that in the culture particularly of the younger workers,” he said.
“You know, it’s nice to make a dollar but it’s much nicer to be going home at the end of your day. So we’re seeing a culture shift and for those who aren’t accepting of this culture shift then they’re the ones who will find themselves eventually in court because we’re making it very clear that not abiding by OHS law is just simply unacceptable.”
