On March 1 in the Edmonton Court of Justice, Marathon Underground Constructors Corporation pled guilty to one charge under the Occupational Health and Safety (OHS) Act for failing to ensure the health and safety of a worker. Six other charges under OHS legislation were withdrawn.
The charges stem from an incident on an Edmonton construction site on March 7, 2022. A worker was injured after the worker removed a piece of plywood that was covering a piling hole, took a step and fell down the hole.
Under a creative sentence, the company will pay $144,000 to the Alberta Construction Safety Association to support developing a series of learning videos and a toolbox talk resource document. The OHS Act provides a creative sentence option in which funds that would otherwise be paid as fines are directed to an organization or project to improve or promote workplace health and safety.
Both the company and the Crown have up to 30 days to appeal the conviction or penalty.
Alberta’s OHS laws set basic health and safety rules for the province’s workplaces. They provide guidance for employers to help them ensure their workplaces are as healthy and safe as possible while providing rights and protections for workers. Charges under OHS laws may be laid when failing to follow the rules results in a workplace fatality or serious injury.