Whitehorse Daily Star

Firm admits to breaching safety regulations

Procon Mining and Tunnelling has pleaded guilty to two counts of breaching safety regulations in connection to a workplace death which occurred nearly two years ago.

By Justine Davidson on August 2, 2011

Procon Mining and Tunnelling has pleaded guilty to two counts of breaching safety regulations in connection to a workplace death which occurred nearly two years ago.

The charges were first laid almost exactly a year after Paul Wentzell, a 20-year-old apprentice mechanic, was run over and killed by an unoccupied vehicle.

According to the incident report prepared by the territory's workers' compensation board, Wentzell drove a Toyota Landcruiser into the underground workings of Yukon Zinc's Wolverine Mine to deliver a piece of equipment to another worker.

Part way down the steep ramp, he came upon another vehicle blocking his way. He stopped his truck, put it into neutral, applied the emergency brake and walked down the ramp toward the other vehicle.

The emergency brake did not hold, and the Landcruiser rolled down the slope, striking Wentzell from behind. It came to a stop when it collided with the second vehicle.

Wentzell was still able to walk and talk after being hit, according to the report, but was transported to Whitehorse General Hospital as a precaution.

He arrived at the hospital at 12:20 p.m. and died of internal injuries 48 minutes later.

Wentzell was born in Newfoundland and most recently lived in the Alberta.

A year after the young man's death, the Yukon Workers' Compensation Health and Safety Board filed eight charges against Procon, all relating to the unsafe operation of a vehicle.

No charges were laid against Yukon Zinc, the owner of the mine where Wentzell was working as a Procon employee.

The tunnelling company – through its lawyer, David Sutherland – pleaded guilty to two of the charges today, and the Crown prosecutor dropped the remaining six.

The plea came after numerous adjournments, requested by both sides. At the last hearing, Justice of the Peace Dean Cameron told the company he would not continue to put off the case without a plea.

Sutherland did not provide any more details to the court today about the company's role in Wentzell's death.

A date for the sentencing hearing will be set on Sept. 16, and both the prosecution and defence lawyers requested a full day for the judge to hear their sentencing submissions.

Breaches of the Occupational Health and Safety Act carry a fine of between zero and $150,000 for the first offence, and up to a maximum $300,000 for subsequent offences.

Procon, along with Yukon Zinc, is also facing charges in the death of mechanic William Fisher at the Wolverine Mine in April 2010.

Fisher, a 23-year-old B.C. man, died when a section of tunnel wall collapsed, crushing and burying him against a piece of equipment he was servicing.

Two other workers were knocked to the ground but did not suffer any serious injuries.

Both companies have been charged with four counts of failing to ensure a safe work place at the Wolverine Mine, as well as failing to implement the necessary procedures to make sure it was safe.

Yukon Zinc has also been charged with an additional count of not taking reasonable steps to make sure the work place was safe, as well as one count of not preparing and maintaining a design report.

No pleas have been entered in that case.

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