Employee’s death the result of gross negligenceAdherence to industry standards not a mitigating factor when determining appropriate sentence03/06/2002|Canadian Employment Law Today At trial General Scrap Iron & Metals Ltd. was convicted on one count of “failure to ensure as was reasonably practicable in the health and safety of a worker.” The charge resulted from a workplace accident in which one of General Scrap’s employees, Wlodzimierz Kochanowski, was killed.On Feb. 22, 2000, Mr. Kochanowski and another worker were storing a pile of scrap aluminum. The main sorting area was filled to capacity and another site was selected. During the course of their work the workers came in close proximity to some stacked bales of wire. Immediately before the accident, Mr. Kochanowski was positioned two feet from the bales. The co-worker’s attention was momentarily diverted. When he turned around he saw Mr. Kochanowski pinned to the ground by a bale that had fallen from the stack. Mr. Kochanowski died from blunt trauma. To Read the Full Story, Subscribe or Sign In Remember Me Forgot Password If you are a current Subscriber, please click here to set-up or update your login information.