SMS Equipment, a heavy equipment contractor based in Alberta, Canada, has been fined $200,000 following the death of a worker at De Beers’ Gahcho Kue diamond mine in 2022.
Last Friday, SMS Equipment appeared in court in Yellowknife and admitted guilt to the charge of failing to maintain a safe establishment, resulting in endangerment to individuals within the facility.
The Northwest Territories Territorial Court imposed the $200,000 fine, payable through the Workers’ Protection Fund.
The incident occurred on September 1, 2022, when a worker was fatally injured while inspecting and testing ladder hydraulics on a haul truck boarding ladder at the Gahcho Kue Mine Maintenance Shop. Despite efforts to save the worker, the injuries proved fatal, according to the Workers’ Safety and Compensation Commission (WSCC) of the Northwest Territories and Nunavut.
The WSCC investigation revealed that no hazard recognition or warning signs were in place for pinch points, and SMS Equipment had not conducted its own safety inspection of the haul truck.
In response to the incident, the WSCC filed seven charges against SMS Equipment under the Safety Act and the Mine Health and Safety Act. However, as part of a plea agreement, other charges alleging failure to take reasonable measures to protect employee health and safety were stayed.
Gahcho Kue diamond mine, located approximately 280km northeast of Yellowknife, is jointly operated by De Beers Group (51%) and Mountain Province Diamonds (49%). It began operations in September 2016 and operates as a fly-in fly-out remote mine site.
SMS Equipment serves various industries including construction, forestry, mining, and road building.
This incident is not the first legal challenge for SMS Equipment. In 2015, the company faced a judicial review after an arbitration decision found in favor of an employee who sought accommodation for day shifts due to childcare responsibilities. The Court of the Queen’s Bench of Alberta upheld the arbitrator’s decision, citing violations of family status discrimination prohibitions under the collective agreement and Alberta Human Rights Act.
