Ministry Of Natural Resources Fined $300,000 After Worker Killed

Sudbury, Ont. - The Ministry of Natural Resources (MNR) was fined $300,000 yesterday for a violation under the Occupational Health and Safety Act (OHSA) after a worker was killed.

On May 9, 2008, firefighters employed seasonally by the ministry went to Killarney Provincial Park to burn a "slash pile" consisting of fine brush material and other debris.  Workers mixed some fuels and ignited the pile. A crew leader then conducted a training exercise involving a "drip torch" used in fire suppression.  When the fire started to die down, another crew leader began pouring more fuel on the pile.  The fuel flared and engulfed the crew leader in flames.  Two workers who tried to put out the flames suffered minor burns.  The crew leader suffered severe burns and died.

A Ministry of Labour investigation found that personal protective equipment (PPE) had been issued to all the workers, but none of them were wearing full PPE at the time of the incident.

The Ministry of Natural Resources pleaded guilty to failing, as an employer, to take the reasonable precaution of ensuring the use of personal protective equipment as appropriate to the task for mixing fuels, using a drip torch and burning a slash pile.

The fine was imposed by Justice of the Peace Kathleen Bryant.  In addition, the court imposed a 25-per-cent victim fine surcharge, as required by the Provincial Offences Act.  The surcharge is credited to a special provincial government fund to assist victims of crime.

Court Information at a Glance

Location:                   

Ontario Court of Justice

Sudbury, Ont.

Judge:                        

Justice of the Peace Kathleen Bryant

Date of Convictions:

December 8, 2009

Defendants:

Ministry of Natural Resources

Matter:

Occupational Health and Safety

Convictions:

OHSA, Section 25(2)(h)

Crown Counsel:

Wes Wilson