Company fined in connection with fatal forklift accident in 2023

Company fined in connection with fatal forklift accident in 2023

$350K penalty will go toward portable virtual reality forklift simulators

A building supplies company has pleaded guilty to a charge under the Occupational Health and Safety Act in connection with a worker’s death almost three years ago in Calgary.

The employee was helping to move marble slabs with a forklift when they dislodged and struck and killed the worker on Sept. 19, 2023, at the company’s northeast Calgary warehouse.

LX Hausys Canada Inc. pleaded guilty as an employer on May 28 in the Calgary Court of Justice to one count for failing to ensure the health and safety of a worker.

The Crown withdrew 14 other counts.

Under a creative sentence, the court ordered the company to pay its $350,000 fine to the Manufacturers’ Health & Safety Association to develop portable virtual reality forklift simulators to help improve operator training.

The association will also work with Alberta Workforce Essential Skills to develop and provide workplace safety training for English language learners.

The company and the Crown have up to 30 days to appeal the conviction or the penalty.

The OHS Act provides a creative sentence option that allows money that would otherwise be paid as fines to be directed to an organization or project to improve or promote workplace health and safety.