Canada Labour Code Prosecution: DP World Fraser Surrey GP Inc.

The Incident

On July 21, 2018, a heavy-duty mechanic, an employee of the then Fraser Surrey Docks Ltd., since acquired by DP World and now called DP World Fraser Surrey GP Inc. (DP World), sustained fatal injuries from being pinned by the raised cab of a forklift. The cab shifted while the employee was attempting to repair an engine starter. Emergency Medical Services pronounced the employee dead at the scene.

Prosecution

Following an investigation by the Labour Program, 6 charges were laid on July 2, 2020 against DP World for contraventions of Part II of the Canada Labour Code (Code).

On April 14, 2021, DP World pled guilty to one charge under subsection 148(1) of Part II of the Code for failing to ensure the health and safety of every person employed by it was protected from the hazards of working under the raised cab of a Hyster model 550FS forklift when the cab supports could not be engaged, in contravention of section 124 of the Code. As part of a joint submission, DP World was fined $200,000. The remaining five (5) charges were withdrawn.