Quebec 2008 – R. v. Transpavé
- Employee fatally crushed by a pallet loader’s grappling hook.
- The worker was trying to clear excess blocks from a pallet remaining on a truck after a jam occurred.
- The employer breached its duty of foresight. The company should have ANTICIPATED the risks.
- It was Transpavé’s duty to find the cause of previous jams and correct the problem.
- The company breached its DUTY OF EFFECTIVENESS by failing to implement appropriate safety measures to mitigate the risks of accidents.
- The company had a DUTY TO APPROPRIATELY TRAIN its employees.
- The company breached its DUTY OF AUTHORITY by not ensuring that its employees comply with the safety rules in place.
- Transpavé did not benefit from this infraction.
- Transpavé had no previous similar criminal or regulatory convictions.
- Once the event occurred, Transpavé did not try to conceal any aspects of the tragedy.
- Transpavé invested $750,000 in occupational health and safety improvements between its conviction and sentencing.
- A person died.
- The company’s sound financial health: This is relevant because the Criminal Code does not allow for an organization to be fined in a way that imperils its economic viability and, as a result, the jobs of hundreds of employees.
The parties come to an agreement and propose a fine of $100,000 to the judge
The judge approves the parties’ suggestion, considering it appropriate in light of all the mitigating circumstances and, especially, in view of the company’s proactive $750,000 investment in occupational health and safety.
To this, the judge also adds a victim fine surcharge of $10,000.