Volker Stevin Contracting Ltd. and Michael O’Neill, a supervisor, were each convicted of two counts under occupational health and safety (OHS) legislation in the Calgary Court of Justice on April 11, 2024. They were sentenced on June 20, 2024. Their trial took place in multiple phases during 2023 and 2024.
The company was convicted under Alberta’s OHS Act for failing to ensure the health and safety of a worker and under the OHS Code for permitting a worker to remain within range of moving equipment. The company was fined a total of $480,000 including the 20 per cent victim fine surcharge.
The supervisor was convicted under the OHS Act for failing to ensure the health and safety of a worker and under the OHS Code for exposing a worker to danger from moving equipment. He was fined a total of $66,000 including the 20 per cent victim fine surcharge.
The convictions and fines stem from an incident that occurred on Oct. 2, 2019. A worker who was working near a storm drain on a residential street in Airdrie was struck by a vehicle driven by the supervisor and suffered fatal injuries.
The company, supervisor and the Crown have up to 30 days to appeal the sentences.
Alberta’s OHS laws set basic health and safety rules for the province’s workplaces. They provide guidance for employers to help them ensure their workplaces are as healthy and safe as possible while also providing rights and protections for workers. Charges under OHS laws may be enforced when failing to follow the rules results in a workplace fatality or serious injury.
Quick facts
- Jobs, Economy and Trade does not provide sentencing documents. These are available through the Calgary Court of Justice.
- Fatality investigation summaries are posted to https://www.alberta.ca/fatality-investigation-summaries 60 to 90 days after court proceedings conclude.
Related information
- Convictions under OHS legislation
- OHS incident investigations
- Occupational Health and Safety (OHS) Act – Alberta
- Occupational Health and Safety (OHS) Code – Alberta