Windsor Salt fined $80K for accident that left worker permanently injured

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The owners of the Windsor Salt Ojibway mine have been fined $80,000 for failing to conduct a risk assessment on underground blasting, more than two years after a worker sustained serious injuries when he was buried under stone.

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K+S Canadian Potash Ltd., of British Columbia, the successor to K+S Windsor Salt — the employer at the time of the incident — pleaded guilty Monday in Provincial Offenses Court in Windsor to a single count under the Occupational Health and Safety Act .

Ministry of Labor lawyer Mike Nicol told the court an agreement had been reached between the Crown and the defendant. The guilty plea was entered and the remaining 17 counts against K+S Canadian Potash Ltd. were withdrawn, as were nine separate counts against K+S Windsor Salt.

But injured worker Joe Bosley said the fine doesn’t adequately address the seriousness of the injuries he sustained in 2020 and the disabilities he now lives with.

“I sustained life-altering injuries that day,” Bosley told the court during a virtual hearing via Zoom. “I have injuries to my pelvis, leg, hand that I’ll never be able to use properly again. And I believe that I will not be returning to work ever.

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“I don’t understand why all the other accounts were dropped in such a severe matter,” he said. “I was in a coma for 10 days, life support for another 17 and in the hospital for 70 days.

“And it was during COVID and I had no support from my family whatsoever,” he said, referring to pandemic-related restrictions on hospital visits.

“I have physical and mental disabilities right now, and I feel that a small fine doesn’t come close to the severity of the accident.”

While sympathetic, Justice of the Peace Holly DeBacker said the case law presented to the court dealt with companies of similar sizes that also did not have previous convictions and provided “guidance” as to the size of the fine to be imposed.

Additionally, she said, the employer pleaded guilty and took responsibility for its actions.

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“(Workplace incidents) are in fact the most significant matters that this court deals with. And they are the most heart-wrenching matters that this court ever has to deal with, when a worker goes to work every day to do their job, to make a living, is injured or worse at a workplace,” DeBacker said.

“And it’s something that I take a very strong view with respect to that.”

Calling the fine “significant,” DeBacker added, “I am sorry sir that you had this injury. It’s gut-wrenching.

“But I have considered all of the circumstances placed here before me as well as the other very sad circumstances of the other workers that were in similar situations on those recent case laws where the courts found the fine of $80,000 to be appropriate.”

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In an agreed statement of facts, Nicol said three workers were underground April 8, 2020, in the salt mine working at the development ramp, a large tunnel that is lengthened through drilling and blasting.

Two workers were tasked with clearing the rock remaining on the ramp from the last explosion and the other workers were tasked with placing explosive caps in the face of the rock at the far end of the ramp, to prepare for the next blast.

While clearing the rock remaining on the floor of the ramp, a large piece of rock fell from the face onto one of the workers. The worker sustained significant and serious injuries.

Defense counsel Roz Cooper agreed to the joint submission and said the company accepted the penalty amount proposed by the Crown.

“It is a serious matter, which is acknowledged,” Cooper said. “The company has made significant efforts to improve on training and to look at opportunities to ensure the safety of workers.

“There has been ongoing work on that prior to the incident but it continues as a result of this incident.”

K+S Canadian Potash Ltd. has 90 days to pay the fine plus a victim fine surcharge.

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