Digital Government and Service NL recently announced that three companies, two supervisors and a certified blaster have been charged with violations under Newfoundland and Labrador’s Occupational Health and Safety Act and Regulations.

Charges against Weir’s Construction Limited and Triple J Aggregates Limited, both of Conception Bay South, Dyno Nobel Canada Inc. of Mount Pearl, and the three individuals are the result of an investigation by the Occupational Health and Safety division following an incident, which occurred in September 2021, at a pit located off the Trans-Canada Highway near St. John’s. The incident was a blast that resulted in damage to vehicles and equipment at the site.

Weir’s Construction and Triple J Aggregates have each been charged with five violations that relate to their alleged failure as an employer to:

1. Ensure its workers and supervisors were familiar with the hazards;
2. Ensure as a Principal Contractor that employers and workers complied with Occupational Health and Safety legislation;
3. Ensure that the Assistant Deputy Minister was notified of the incident;
4. Take precautions to protect persons and property at or near the workplace, and to minimize the hazards of flying material from the blast; and
5. Ensure that loose rocks were scaled off the face of excavations and removed from the crest before work was resumed after a blast.

Dyno Noble Canada Inc. has been charged with seven counts that relate to its alleged failure as an employer to:

1. Ensure the health, safety and welfare of its workers;
2. Ensure its workers and supervisors were familiar with the hazards;
3. Ensure that the Assistant Deputy Minister was notified of the incident;
4. Ensure that where more than one blaster is involved, all blasters and supervisors consult sufficiently to coordinate safety;
5. Take precautions to protect persons or property at or near the workplace, and to minimize the hazards of flying material from the blast;
6. Ensure that a blasting mat was used where there is a danger to the safety of persons or property; and
7. Ensure that a misfire was treated at a safe and suitable time under the direction of a blaster in order to ensure the removal of hazards.

The blaster has been charged with six counts that allege that the blaster failed to:

1. Consult with a supervisor so that both were aware of all work being conducted in the blasting area, and to ensure that no work was conducted in a manner which creates risk of an accidental explosion;
2. Prevent another person from entering the place where a blast occurred until personally examining the blasting area and given permission for work to proceed;
3. Ensure that after firing a blast, the blaster made a thorough inspection of the site before permitting other employees to return to work;
4. Ensure that after a misfire or suspected misfire, a person did not move about the danger area until the expiry of the waiting time;
5. Take precautions after a misfire or suspected misfire and then approach the misfired hole after the required waiting time, to assess for hazards; and
6. In consultation with a supervisor, to determine the safest and most practicable means of treating the misfire.

The two supervisors have each been charged with four counts that allege that they failed to:

1. Ensure the health, safety and welfare of all workers under their supervision;
2. Advise workers under their supervision of the health and safety hazards that may be met by them in the workplace;
3. Provide the proper written or oral instructions regarding precautions to be taken; and
4. Consult with a blaster so that both were aware of all work being conducted in the blasting area and to ensure that no work was conducted in a manner that creates risk of an accidental explosion.

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