Canada Labour Code Prosecution: Canada Einwechter Limited

The incident

On March 27, 2014, an employee of Einwechter Limited died from suffocation, as a consequence of being engulfed in soybeans.

The employee entered a storage bin containing soybeans to attempt to clear a jam in the auger, a moving part of machinery which was turned off while he undertook his work. Before the employee exited the bin, another employee turned the auger back on and left the area. At the end of the day, the employer inquired on the whereabouts of the employee who had entered the bin, and began a search. When the employee was not found, the employer contacted emergency services. Emergency service workers found the employee’s body and the coroner pronounced the employee dead at the scene. The autopsy report indicated the employee died of suffocation.

Prosecution

Following the investigation, legal proceedings were initiated.

On November 24, 2015, Einwechter Limited pled guilty to one charge under the Canada Labour Code, Part II. This charge consisted of failing to ensure the health and safety of the employee, by allowing the employee to enter and occupy a confined space without an appropriate fall protection system.

The company has been fined $70,000.