Ministry of Labour, Training and Skills Development
Convicted: Glencore Canada Corporation, Toronto ON.
Location of Workplace: Falconbridge, ON.
Description of Offence: failure to ensure that a rail car had been depressurized before the transfer line was disconnected, resulting in an uncontrolled spray of 98 percent sulphuric acid, contrary to s. 56(b) of Ontario Regulation 854/90, Mines and Mining Plants, thereby contravening s. 25(1)(c) of the Occupational Health and Safety Act (Ontario).
Date of Offence: May 9, 2018.
Date of Conviction: March 9, 2020.
Penalty Imposed:
- Following a guilty plea, Justice of the Peace Diane Lafleur, sitting in Provincial Offences Court in Sudbury fined the company $110,000. Crown Counsel: David McCaskill.
- The court also imposed a 25 percent victim fine surcharge as required by the Provincial Offences Act. The surcharge is credited to a special provincial government fund to assist victims of crime.
Background:
- On May 9, 2018, as part of the planned restart following a maintenance shutdown of the Falconbridge smelter, a 98 percent sulphuric acid solution was delivered in four rail cars. Two tank trucks from a third party contractor were on site to move the acid from the rail cars to the acid plant on a rotating basis.
- A worker was seen to be disconnecting the transfer line from the rail car out of sequence before the railcar had been depressurized. As a result, the 98 percent sulphuric acid began spraying out of the rail car, injuring three workers.