Reference no: EM132875459

In 2017, a precedent setting occupational health and safety case was decided, and for the first time in Alberta's history, a worker who was also a company director was sentenced to jail for a period of 4 months following his conviction under Alberta's Occupational Health and Safety Act.

In april 2015, Frederick Tomyn had been hired as a day labourer byu Sukhwinder Singh Nagra to dig a trench behind a home development in Edmonton and install a new water and sewer connection. Mr. Tomyn was an Assured Income for the Severely Handicapped recipient who had no experience with thi type of work, did not have any safety training, and did not receive any relevant training from Mr. Nagra or the employer.

Despite having no previous training in construction or excavation, Mr. Nagra proceeded to dig a deep trench using a backhoe and dircted that Mr. Tomyn enter the trench to connect pipes. The trench collapsed, burying Mr. Tonmyn alive and resulting in his death.
the Crown prosecutor sought a $425,000 fine together with a victim fine surcharge of $63,750, which was eventually awarded. However, the Court concluded that the extreme facts of the case also warranted jail time and ordered Mr. Nagra to serve 4 months in incarceration. The court made it clear that this level of sentencing was required to ensure that others would be deterred from engaging in similar violations of this critical legislation and made not that Mr. Tomyn was a particularly vulnerable worker.

This case is a reminder to employers and employees that understanding and complying with OHS laws is vital, including the requirement to provide employees with proper training, and that infractions can result in exremely serious outcomes for everyone involved.

1. Was the penalty of jail time too harsh in this case?

2. Will the financial penalty and jail time serve as motivators for other employers to provide appropriate health and safety training?