Finning charged by OHS in 2021 fatality at west Edmonton construction equipment yard

Five charges have been laid by Alberta Occupational Health and Safety against Finning International Inc., after one worker was killed and another injured on the job at a yard in west Edmonton two years ago.

The workplace death happened when an employee was hurt while servicing an excavator in the Finning Canada D18 Edmonton General Line Construction facility near 180 Street and 104 Avenue on Wednesday, March 31, 2021.

Alberta Health Services said one man was taken to hospital in critical, life-threatening condition, while another man suffered serious leg injuries. Finning said both men were in their forties.

The Occupational Health and Safety investigation found the two Finning employees were attempting to remove a counterweight from an excavator for maintenance work. While removing the last of six bolts, OHS said the counterweight fell onto the workers, resulting in a fatality and a serious injury.

Five charges were laid against Finning International Inc. in December 2022:

1. Failure to ensure the health and safety of a worker engaged in the work of that employer, by failing to implement, enforce and/or monitor the use of information as set out in a safety letter. (Section 3(1)(a)(i) of the Occupational Health and Safety (OHS) Act)
2. Failure to ensure the health and safety of a second worker engaged in the work of that employer, by failing to implement, enforce and/or monitor the use of information as set out in a safety letter. (Section 3(1)(a)(i) of the OHS Act)
3. Being an employer who implemented a procedure respecting the work at a work site, failed to ensure all workers who are affected by the procedure were familiar with it before the work began. (Section 13(2) of the OHS Regulation)
4. Failure to ensure equipment, a counterweight, was serviced, tested, adjusted, calibrated, maintained, repaired and dismantled in accordance with the manufacturer’s specifications or the specifications certified by a professional engineer. (Section 12(d) of the OHS Code)
5. Failure to ensure that if a worker could be injured if equipment or material was dislodged, moved, spilled or damaged, that all reasonable steps were taken to ensure the equipment or material was contained, restrained or protected to eliminate the potential danger. (Section 189 of the OHS Code)

A spokesperson for Finning told Global News the company was aware of the charges but could not comment further until the court proceedings are completed.