On August 11, the Quebec Court of Appeal upheld the conviction of a heavy vehicle owner and operator for criminal negligence causing the death of one of his employees[1]. This tragedy stemmed from a serious failure to maintain the vehicle and its braking system, which led to the truck overturning on a downhill curve.
This case is a stark reminder of the importance for heavy vehicle owners and employers to adopt proactive measures to ensure worker safety. Negligence in occupational health and safety is increasingly subject to severe penalties, as demonstrated by this case and its serious consequences.
The trial court sentenced the employer to a fine of $345,000, along with a 3-year probation order and several conditions, including the obligation to retain an external consultant to assess the situation and propose annual corrective measures for work-related risks.
The Facts
The victim died while driving a heavy truck owned by the employer when it overturned on a downhill curve. Evidence showed that the company had seriously failed to ensure proper maintenance of the vehicle and its braking system, demonstrating reckless or wanton disregard.
The braking system was found to be severely worn, and the mechanical issues were known to the employer. The victim had repeatedly reported these problems to the company president and the garage’s foreman-mechanic.
The Decision
The Court emphasized that the employer had a legal obligation to take necessary measures to protect the health, safety, and physical and psychological integrity of its workers, in accordance with the Occupational Health and Safety Act.
Additionally, under the Highway Safety Code, every owner must keep their heavy vehicles in good mechanical condition and comply with maintenance standards, including the frequency and procedures of inspections. Major pre-existing defects were found in the vehicle’s brakes, resulting from significant failures in the truck’s maintenance. The truck’s condition had been reported multiple times by the deceased driver and other colleagues.
The Criminal Code states that a company’s criminal liability can be engaged through its agents or executives. In this case, the garage’s foreman-mechanic was deemed a “senior officer” by the Court. His negligence in maintaining the vehicle and its brakes was therefore attributed to the company.
In a highly regulated industry like trucking, the owner-operator must ensure vehicle maintenance through a proactive approach, as any reasonable person in the same field and circumstances would. Factors such as the vehicle’s incident history, resources deployed, and efforts made to resolve issues can influence the company’s liability.
Conclusion
This ruling reminds heavy vehicle owners and employers of the imperative to take all necessary and timely measures to ensure the health, safety, and physical and psychological integrity of their workers. Negligence or recklessness can lead to serious criminal charges, in addition to regulatory penalties. It is now more essential than ever to adopt a proactive approach to risk prevention in occupational health and safety.
[1] CFG Construction Inc. v. The King, 2023 QCCA 1032
This publication was featured in Transport Magazine.
