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Apparatus Accident LODD Prompts Criminal OSHA Citation

The death of a volunteer firefighter who was responding to fire in Nipissing, Ontario has prompted criminal charges being filed against the fire department.

Firefighter Paul Nelson, 21, was killed on December 27, 2011 when the engine he was driving went off the road in a weather related accident. He was a college student at Nipissing University, and was alone in the pumper at the time.

The Ontario Ministry of Labour brought the charges under the Occupational Health and Safety Act claiming that the Nipissing Township Fire Department failed to provide Nelson with enough training.

Also facing charges in connection with the accident is a contractor responsible for clearing the roads at the time of the accident. News reports indicate there were some 27 accidents in the area associated with snow and ice.

I am hoping to get some additional details on the nature of the charges. Here are the penalties listed for OSHA violations in Ontario:

Penalties

66.  (1) Every person who contravenes or fails to comply with,

(a) a provision of this Act or the regulations;

(b) an order or requirement of an inspector or a Director; or

(c) an order of the Minister,

is guilty of an offence and on conviction is liable to a fine of not more than $25,000 or to imprisonment for a term of not more than twelve months, or to both.

Idem

(2) If a corporation is convicted of an offence under subsection (1), the maximum fine that may be imposed upon the corporation is $500,000 and not as provided therein.

More on the story.

Posted in Apparatus, Criminal Law, International, LODD, Municipal Liability, Occupational Safety & Health, Volunteers

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Widow Instrumental in Passage of Florida Law to Extend Line of Duty Death Benefits To Firefighters Killed During Training

An important piece of legislation was passed in Florida last month, and signed into law on June 1, 2010 to close a loophole in Florida law that treated the death of a firefighter during training as not “in the line of duty”.

This issue came into prominence in 2007 when Volusia County Firefighter John Curry died during a wildland fire training exercise. Personnel were cutting a tree that fell in an unexpected direction, landing on FF Curry, who was 30 years old at the time. His wife and young son were ineligible for state death benefits and her health benefits were also terminated because the training death was inexplicably not considered to be a line of duty death under Florida law.

Oddly enough the law at the time provided line of duty death benefits for a firefighter killed while engaged in firefighting activities, or one who was otherwise acting within the scope of employment of a firefighter, yet somehow that description was interpreted to not include training. (One can only wonder…..)

The new law clarifies the loophole, and was enacted after years of intense lobbying by John Curry’s widow, his IAFF local, and other public safety organizations. The amendment was approved without opposition by both the House and the Senate and was made retroactive to November 1, 2007. John Curry died on November 27, 2007, so his family will be eligible.

For more on the story, including a video

And more

Posted in General legal issues, Wildland, Workers Compensation

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