Unsafe operation of equipment is an easy way to get dismissed or charged with Occupational Health and Safety Act – or sometimes even criminal – offences. A labour arbitrator has upheld the dismissal of an Ontario mining employee for driving a trolley at excessive speeds in a mine, causing a derailment and significant damage, costing the company more than $100,000.
The trolley was used underground to transport ore cars loaded with "muck" ore or waste to "dumps." The trolley weighed 20 tonnes. The arbitrator found that the speed of the trolley was under the employee’s control and the evidence was that the track was in good condition. The arbitrator found that the train was traveling "well in excess" of the maximum allowable speed of 12 km/hr when the derailment occurred, and probably at least 19 km/hr. The 12 km/hr maximum was set by the Mines and Mining Plants regulation under the Ontario Occupational Health and Safety Act.
The employee was therefore guilty of operating the train at excessive speed, which constituted reckless conduct. The employee had short service and he had other safety-related discipline on his record. His reckless operation of the train could have caused serious personal injury or death. He refused to accept responsibility, offer an apology or display remorse.
The arbitrator noted that the "underground mine environment is a dangerous and extremely safety-sensitive one." It was appropriate, in the circumstances, to discharge the employee.
For more information see:
- Sudbury Integrated Nickel Operations and Sudbury Mine, Mill & Smelter Workers' Union (Unifor, Local 598) (Peirson), Re, 2015 CarswellOnt 9195 (Ont. Arb.).
Adrian Miedema is a partner with Dentons Canada LLP in Toronto. He can be reached at (416) 863-4678 or firstname.lastname@example.org. Adrian's discussion of this case also appears in the Dentons blog www.occupationalhealthandsafetylaw.com.
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