Glencore was convicted of one thing. It did not ensure that muck was cleared before work began underground. A worker fell from a scissor truck platform at the Nickel Rim South Mine and sustained critical injuries.
The crew had also found a missing pin on the rear railing during the pre-use inspection, and later used a chain on that railing in a way that damaged it further. That is background. The charge was the muck.
What Happened
On October 20, 2023, two workers at the Nickel Rim South Mine in Skead, Ontario were using a MacLean Scissor Truck to extend backfill lines and remove a ventilation curtain in an underground stope.
The stope had not been cleared of muck, the accumulated material left by blasting. Muck makes the ground uneven, and uneven ground makes the movement of a mine vehicle unpredictable. When the truck moved forward, the worker on the rear deck fell and sustained critical injuries.
The Ministry found that Glencore failed to take the reasonable precaution of ensuring that muck was cleared before work began underground. That is the offence.
Two other things are on the record from that shift, and they are background rather than the charge. During a pre-use inspection the workers noticed a missing pin on the rear railing of the scissor deck and kept working. During the work the crew used a chain attached to the rear railing to pull piping into position, which damaged the railing further.
The company pleaded guilty in Sudbury Provincial Offences Court and was fined $120,000 plus a 25% victim fine surcharge under Section 25(2)(h) of the OHSA. No regulation was charged.
What the Law Says
Section 25(2)(h) OHSA: "An employer shall take every precaution reasonable in the circumstances for the protection of a worker."
Basically, what this means is simple: clearing muck from a work area before workers operate elevated mobile equipment underground is a reasonable precaution. Glencore did not ensure it was done. That is what the $120,000 is for.
Three Things This Case Teaches Ontario Mining Employers
- Clearing muck before work begins underground is the precaution this case turns on. Uneven ground and elevated mobile equipment do not mix. Make muck clearance a written, confirmed precondition of the work, not an optional preparation step.
- A pre-use inspection that finds a defect but allows work to continue is not a safety system. Equipment with compromised fall protection components, such as missing pins or damaged railings, belongs out of service. This was not the charge here. It is still worth fixing.
- Improvised rigging methods that use safety components as attachment points are prohibited. When this happens on a platform that already has a known defect, it compounds an existing risk into a critical hazard.
If your mine crews use scissor trucks or elevated mobile platforms underground, review your pre-task assessment and stop-work authority procedures. The full analysis is in the WorkSafe Sounds article linked above.