A Calgary court has ordered LX Hausys Canada Inc., an Ontario-based building and interior materials supplier, to pay $350,000 following the 2023 death of a worker at its warehouse in northeast Calgary.
Guilty plea and court decision
The company pleaded guilty on May 28 in the Calgary Court of Justice to one count under the Occupational Health and Safety (OHS) Act for failing to ensure the health and safety of a worker. The Crown withdrew 14 other counts against the company.
Details of the incident
On September 19, 2023, a worker was assisting in moving large marble slabs using a forklift when the slabs dislodged and struck the employee. Emergency responders, including police, technical rescue crews from the Calgary Fire Department, and paramedics, were called to the scene at the intersection of Hopewell Place and 27th Street N.E. around 1:30 p.m. The victim was declared dead on site shortly after their arrival.
Use of the fine
The $350,000 penalty will be directed to the Manufacturers’ Health and Safety Association to develop portable virtual reality forklift simulators aimed at enhancing operator training. Additionally, the association and Alberta Workforce Essential Skills will create workplace safety training programs specifically designed for English-language learners. This creative sentencing is permitted under the OHS Act, which allows judges to redirect fines to organizations or projects that improve workplace health and safety.
Both the company and the Crown have up to 30 days to appeal the conviction or penalty.
