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Mill charged

TERRACE BAY -- Ontario's Ministry of Labour has laid charges against the Terrace Bay Pulp Inc., a result of the fatal explosion that took place at the facility a year ago.
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Terrace Bay, Ont. (tbnewswatch.com)

TERRACE BAY -- Ontario's Ministry of Labour has laid charges against the Terrace Bay Pulp Inc., a result of the fatal explosion that took place at the facility a year ago.

One person died and several others were injured as a result of the October, 2011 explosion that emotionally rocked the Northern Ontario town.

On Wednesday, officials with the Ministry of Labour confirmed that charges had been laid against Terrace Bay Pulp Inc., Venshore Mechanical Ltd. and two unnamed supervisors are facing multiple charges in the aftermath of last Halloween’s fatal explosion at the since sold mill. 

Some of the charges against Terrace Bay Pulp accuse the company of failing to clean or drain a tank that was in need of repairs.

The charges also allege that the company failed to provide the proper instructions and supervision to a worker on how to safely drain or clean the tank of hazardous materials.

Meanwhile, Venshore Mechanical Ltd. is also facing accusations that it did not provide adequate instruction and supervision to a worker on how and when to safely weld a tank.

An unnamed supervisor, reference by the ministry as Individual No. 1, is accused of not properly ensuring that the tank in need of repairs had been properly cleaned and drained.

The two other supervisors, identified by the ministry only as Individual No. 2 and Individual No. 3, face similar accusations. 

All the accused have a first appearance court date set for Nov. 23 at the Ontario Court of Justice in Thunder Bay.  

 

Please read below for the full list of charges and counts as described by the Ontario Ministry of Labour: 

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October 15, 2012:  Charges were laid against Terrace Bay Pulp Inc., under the Occupational Health and Safety Act (“Act”), as an employer, for failing to:

Count #1:  ensure that the measures and procedures prescribed by s.78 of Ontario Regulation 851/90, R.S.O. 1990, as amended, were carried out in the workplace, contrary to s.25(1)(c) of the Act.


Particulars:  The defendant failed to ensure that a tank or container to which repairs or alterations were to be made was drained and cleaned or otherwise rendered free from any explosive, flammable or harmful substances.

Count #2:  provide information, instruction and supervision to a worker to protect the health and safety of the worker at a workplace, contrary to s.25(2)(a) of the Act.

Particulars:  The defendant failed to provide adequate information, instruction and supervision to a worker on how to safely drain, clean or otherwise render Blow Tank #1 free from any hazardous substances, and/or
The defendant failed to provide information, instruction and supervision to a worker on how and when to safely perform welding-related work on Blow Tank #1.

Count #3:  ensure all reasonable precautions were taken at a workplace, contrary to s.25(2)(h) of the Act.

Particulars:  The defendant failed to take the reasonable precaution of:

ensuring adequate procedures or written policies, with respect to isolating Blow Tank #1, ridding the tank of a hazardous substance or testing this tank for such a substance, existed and were followed by a worker before welding-related work was performed on the tank, and/or

ensuring the inside of Blow Tank #1 was adequately tested for a hazardous substance before welding-related work on this tank was commenced, and/or planning and adequately coordinating various Blow Tank #1 work activities, including the cleaning of the inside of this tank to render it free from hazardous substances and the gas testing of this tank, before welding-related work was performed on the tank.

Charges were laid against Venshore Mechanical Ltd., under the Act, as an employer, for failing to:

Count #4:  same as Count #1

Count #5:  provide information, instruction and supervision to a worker to protect the health and safety of the worker at a workplace, contrary to s.25(2)(a) of the Act.

Particulars:  The defendant failed to provide information, instruction and supervision to a  worker on how and when to safely perform welding-related work on a tank.

Count #6:  ensure all reasonable precautions were taken at a workplace, contrary to s.25(2)(h) of the Act.

Particulars:  The defendant failed to take the reasonable precaution of ensuring: an adequate work plan was in place and followed or adequate instructions were given to a worker performing welding-related work on a cracked tank that normally contains a hazardous substance, and/or a worker performing welding related work was informed of potential hazards associated with the equipment being welded.

Charges were laid against individual #1, under the Act, as a supervisor, for failing to:

Count #7:  ensure that the worker worked in the manner and with the protective devices, measures and procedures required by s.78 of Ontario Regulation 851/90, R.S.O. 1990 as amended, in the workplace contrary to s.27(1)(a) of the Act.

Particulars:  The defendant failed to ensure that a tank or container to which repairs or alterations were to be made was drained and cleaned or otherwise rendered free from any explosive, flammable or harmful substance.

Count #8:  take every precaution reasonable in the circumstances for the protection of a worker at a workplace, contrary to s.27(2)(c) of the Act.

Particulars:  The defendant failed to take the reasonable precaution of: ensuring adequate procedures or written policies, with respect to isolating, ridding Blow Tank #1 of a hazardous substance or testing this tank for such a substance, existed and were followed by a worker before welding-related work was performed on the tank, and/or ensuring the inside of Blow Tank #1 was tested for a hazardous substance in the Blow Tank #1 was removed in a manner that did not endanger a worker, and/or
planning and adequately coordinating various Blow Tank #1 work activities, including the cleaning of the inside of this tank to render it free from hazardous substances and the gas testing of this tank, before welding-related work was performed on the tank.

Charges were laid against individual #2, under the Act, as a supervisor, for failing to:

Count #9:  same as Count #7

Count #10:  same as Count #8

Charges were laid against individual #3, under the Act, as a supervisor, for failing to:

Count #11:  same as Count #7

Count #12:  same as Count #8




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