Workplace death charges laid against more Hamilton companies

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Published June 26, 2023 at 5:23 pm

COURTESY NATIONAL STEEL CAR
COURTESY NATIONAL STEEL CAR

National Steel Car is one of the latest Hamilton companies facing charges for allegedly breaking the province’s workplace safety rules.

Three charges were laid against National Steel Car Limited/Wagon D’acier National Limitee on May 23 under the Occupational Health and Safety Act, including for allegedly failing as an employer to “take every precaution reasonable in the circumstances for the protection of a worker,” according to Anuradha Dhar, spokesperson for the province’s labour ministry.

The railroad freight car manufacturer is located at 600 Kenilworth Avenue North in Hamilton.

Dhar said National Steel Car has four separate matters before the courts.

The company’s first court appearance was June 13 at the Ontario Court of Justice in Hamilton. The next court date is Aug. 8.

Dhar said the ministry can’t release the victims’ names because they are protected under the Freedom of Information and Protection of Privacy Act. Moreover, Dhar said because the cases are before the courts, the ministry is unable to provide any further detail or comment.

Hamilton police also could not provide more details, but said police are consulting with the Crown about possibly laying criminal charges in three deaths, according to spokesperson Jackie Penman.

A previous case involving the company involved the September 2020 death of Fraser Cowan, 51, a crane operator and father of two. In that case, the company was fined $140,000 and slapped a 25-per-cent surcharge ($35,000) for a fund to help victims of crime on December 2022 for failing to follow Ontario workplace safety regulations.

Janco Steel Ltd. also faces five charges, laid on April 20, under the Occupational Health and Safety Act. It’s accused of failing to “take every precaution reasonable in the circumstances for the protection of a worker” and failing to “provide information, instruction or supervision to a worker to protect the health or safety of the worker.”

The first court appearance was held at the Ontario Court of Justice in Hamilton on June 15. The next court date is Aug. 17.

Janco Steel is located at 925 Arvin Avenue in Stoney Creek.

Another case involving a workplace death includes Gabriel Cabral, who worked for Hamilton-based John Kenyon Limited, which provides metal wall cladding and metal roofing services. Cabral died from severe burns he suffered during his shift April 25 at a Stelco site in Nanticoke, Ont. The ministry of labour is investigating the incident.

In another incident, Stelco faces five charges tied to Kirk Moore‘s death on Jan. 15, 2022.

 

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