Out-of-business company that did not defend OHSA charges, fined $1.3 million after two workers killed

A defunct mining company that went out of business in 2016 has been fined $1.3 million under the Ontario Occupational Health and Safety Act after being found guilty on six charges.  This is one of the largest OHSA fines in Ontario history.  However, it should be noted that the company, First Nickel Inc., did not defend this Ministry of Labour prosecution.

The fine included:

-$250,000 for failing to ensure that part of the underground mine was kept free of accumulations or flow of water

-$350,000 for failing develop a quality control program to ensure that ground support systems were properly installed and remained effective

-$300,000 for failing to ensure that a written record was made by the shift supervisor about the dangerous condition

-$100,000 for failing to ensure that a written report was provided to the Ministry of Labour where a fuse, a detonator or an explosive is found to be defective

-$150,000 for failing to develop a written program to provide for the timely communication of information between workers and supervisors in the mine respecting ground stability, ground movement, falls of ground, ground monitoring equipment and emergencies

-$150,000 for failing to examine the ground conditions of the workplace for dangers and hazards and, if required, made safe

The MOL notes, in its press release, that the mine closed in 2015, the company was not represented in court, and the company went out of business in 2016.

The MOL press release can be accessed here.


Adrian Miedema

About Adrian Miedema

Adrian is a partner in the Toronto Employment group of Dentons Canada LLP. He advises and represents public- and private-sector employers in employment, health and safety and human rights matters. He appears before employment tribunals and all levels of the Ontario courts on behalf of employers. He also advises employers on strategic and risk management considerations in employment policy and contracts.

Full bio