WORKPLACE HEALTH AND SAFETY - Employer obligations - Safety of workplace - Supervision - Liability - Of employer - Offences and enforcement - Offences - Failure to ensure health and safety of workers

Law360 Canada ( January 4, 2018, 8:36 AM EST) -- Trial of the accused numbered company charged with three Canada Labour Code offences of failure to ensure employee safety in particularized ways. The defendant numbered company was a federal corporation owned by Ornge air ambulance service that operated the rotor-wing division. The charges resulted from an accident that occurred in May 2013, in which an air ambulance helicopter crashed shortly after take-off from the airport at Moosonee Ontario. Two pilots and two paramedics were killed. The Crown ultimately only sought conviction on three counts 1) failing to provide pilots with a means to enable them to maintain visual reference while operating at night, 2) failing to provide pilots with a means to enable them to maintain visual reference while operating at night resulting in deaths, and 3) failure to provide adequate supervision for daily flight activities at Moosonee by eliminating a base manager position. The Crown argued the accident would not have occurred had the pilots been able to see the ground using night vision goggles (NVGs) and it was Ornge’s duty to ensure their safety by providing the goggles. The defence argued it complied with all legal and regulatory requirements of the industry at the time. The Crown also argued Ornge’s decision to discontinue the base manager position at Moosonee removed an important safety net. The defence argued this caused no reduction in safety....
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