Joint Environmental Enforcements and Investigations

Posted by on Mar 3, 2016 in Blog | 0 comments

Anyone involved in health and safety or environmental protection knows how diligent you must be to guard against accidents. These accidents can lead to fines, penalties, and, in some cases, can have tragic consequences. These unfortunate consequences were highlighted in some recent news stories.

Joint Enforcement on Tragic Explosion

In late January 2016, it was announced that a very substantial joint prosecution (Under the Occupational Safety and Health Act and the Environmental Protection Act) resulted in an equally-substantial fine. Sunrise Propane Energy Group Inc., its directors, and 1367229 Ontario Inc. were fined $5.3 million for safety and environmental violations following a propane explosion in August 2008.

According to the Ministry of Labour, “On August 10, 2008, propane was accidentally ignited during a prohibited truck-to-truck transfer of the fuel, resulting in several explosions. A young worker on the night shift who had been employed with the company for a short time was killed in the explosions and fire.”

As it relates to the environmental violations, the fines were associated with “…discharging contaminants that caused adverse effects to Toronto residents and businesses, failing to comply with a ministry clean up order and violations of the Occupational Health and Safety Act following a propane explosion in August, 2008.”

As stated in the earlier court decision, “I am sure that the defendants were well meaning, to a degree, but in an inherently dangerous business such as this there must be a high degree of attention to detail and processes in place that address day-to-day issues, particularly instructing, training and supervision for people handling this very dangerous fuel.”

Perhaps future accidents of this nature can be avoided by examining current practices and recognizing that “well meaning” also needs associated “well designed,” implemented plans or operating procedures.

Joint Investigation on a Release

The other observation relates to a $175,000 fine associated with a violation of the Fisheries Act. Wesdome Gold Mines, Ltd. plead guilty to discharging harmful substances in waters near their Eagle River Mill (near Wawa, ON).

According to Environment and Climate Change Canada, “A joint investigation conducted by Environment and Climate Change Canada and the Ontario Ministry of the Environment and Climate Change determined that Wesdome Gold Mines, Ltd. had deposited effluent deleterious to fish and had failed to take reasonable measures to prevent the deposit. The company also failed to report the incidents in accordance with the Fisheries Act.”

Minimizing the likelihood of a health/safety/environmental incident demands your full attention. Like you, we are always checking and double checking while we are on a job site.

This (Environmental, Health, and Safety) job is one that you simply cannot “leave at the office” at the end of the day. A thought is bound to come up sometime at dinner, on the weekend, or in the middle of the night…did I cover everything?

In my 25 years at Dragun, I can tell you that one of the attributes my colleagues and I share is how seriously we take our role as environmental advisors. We believe that is one of the reasons why we have been so fortunate to have so many repeat clients over the last two plus decades that request our environmental advice.

If you have any questions about environmental issues (permitting, site assessments, site remediation, etc.) please feel free to contact me (cpare@dragun.com) at 519-979-7300, ext. 114.