Both the RCMP and provincial health and safety officials have
laid charges against an owner of a body shop in Dartmouth, Nova
Scotia after a worker died.
The worker was killed when the vehicle he was working on caught
fire. The RCMP report that police collaborated with investigators
from the Nova Scotia Department of Labour and Advanced Education
and the Nova Scotia Public Prosecution Service.
Elie Phillip Hoyeck, the body shop owner, is charged with one
count of Criminal Negligence Causing Death under the "Bill
C-45" provisions of the Criminal Code.
He is also facing 12 charges under the Nova Scotia
Occupational Health and Safety Act including failure to
comply with the requirements of the Canadian Standards Association
(CSA) standard, "Safety in Welding, Cutting and Allied
Processes"; failure to ensure that a welding or allied process
is performed by a designated competent person; failure to ensure
that the person operating the equipment has inspected the
surrounding area to ensure adequate precautions have been taken to
remove all hazardous material or processes that produce
combustible, flammable or explosive material, dust, gas or vapour,
and to prevent fire or explosion; and failure to ensure that no
person performs a welding or allied process on a container, pipe,
valve or fitting that holds or may have held an explosive,
flammable or otherwise hazardous material, and that it is performed
in accordance with a written work procedure.
The case is a reminder that serious workplace accidents –
particularly fatalities – can lead to both criminal and
provincial charges against persons in authority over workers or
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