the north face winter boots Integra Tire found guilty of safety infractions

the north face wallet Integra Tire found guilty of safety infractions

North 60, Integra Tire found guilty of safety infractions

A trucking company supervisor and two local businesses were found guilty today of breaching workplace safety laws, failures that may have led to the death of tire shop technician Denis Chabot in November 2011.

A trucking company supervisor and two local businesses were found guilty today of breaching workplace safety laws, failures that may have led to the death of tire shop technician Denis Chabot in November 2011.

The territorial court decision came nearly two months after the conclusion of a contentious three week trial arising from an incident that saw the 34 year old Chabot crushed while underneath the semi truck he was servicing.

The court hearings last November and December put the reputations of two Whitehorse men, their businesses and the local trucking industry under the spotlight, as more than two dozen witnesses took the stand with often graphic and emotional testimony.

The judge convicted North 60 Petro supervisor Frank Taylor, his company and Integra Tire of one offence each.

Taylor and North 60 were both found guilty of failing to train a worker in the safe operation of equipment, in this case a Kenworth tractor.

Integra Tire was found guilty of failing to develop safe lockout procedures or to train workers in them.

A fourth accused, Integra Tire supervisor Paul Bubiak, was found not guilty of each of the four charges against him.

“We did all that we could possibly do, that we knew how to do,” Bubiak told the Star outside court this morning. Supporters shook Bubiak’s hand as territorial court Judge John Faulkner read out his decision.

Though sick with the flu, Bubiak said afterward he was “certainly feeling better.”

Taylor and Integra Tire face penalties of up to $150,000 each for the first time offences, with the possibility of 12 months’ imprisonment for Taylor, according to the Occupational Health and Safety Act.

North 60 may face steeper punishment, since second offences warrant up $300,000 in penalties.

In 2010, North 60 was fined $1,000 for failing to report a serious injury to a safety officer.

The judge found that the driver who ran over Chabot on November 15, 2011 received no hands on training from Taylor or North 60 related to walk around procedures, “designed to detect obvious problems with the vehicle as well as any hazards that would result from its movement,” Faulkner said.

He added that had the driver done a proper walk around, he would have seen the jacks and torque wrench Chabot had been using but not Chabot himself.

“This would have alerted (the driver) to the fact that the work was not yet complete.”

The judge found Integra Tire referred to during the trial as the Yukon Tire Centre largely compliant with safety regulations.

“The evidence satisfied me that, far from being a safety outlier or scofflaw, Yukon Tire made considerable efforts to train its employees and to foster safe work practices.”

Faulkner said that in spite of basing its safety practices on Tire Industry Association standards, Integra Tire did fail when it came to lockout procedures.

“Lockout procedures are designed so that a vehicle cannot be energized or moved when the technician working on it does not expect it” precisely what happened to Chabot when he was partially under a semi truck on that fateful November day.

“I do not accept . that simply switching the ignition off but leaving the keys in the vehicle is sufficient from a safety perspective,” Faulkner said.

“That is the true source of the danger, and the most likely way for the vehicle to become energized or to be moved unexpectedly is for another person to turn the ignition on.

“At the end of the day, the employer did not have an effective (or any) lockout procedure in place,” he concluded.

Out of a total of 14 charges against the four parties, all but three were stayed meaning they could potentially be resurrected within one year or dismissed.
the north face winter boots Integra Tire found guilty of safety infractions

Prev Next