The Alberta Court of Appeal recently upheld a decision to convict a Calgary company under
Alberta's Occupational Health and Safety Act
(the Act). The convictions resulted from a workplace fatality that
occurred at a customer appreciation party hosted by the
employer.
Overview
Like many other Calgary based companies, XI Technologies Inc.
(the Company) hosts an annual customer appreciation event to
coincide with the Calgary Stampede. In keeping with the western
theme, the Company rented a calf roping machine (the Machine) to
entertain party goers. The Machine was provided to the Company
without an operator, or operating instructions. Instead, the
Company was left to figure out how to operate the Machine on its
own. Three employees of the Company were responsible for operating
the Machine for customers in attendance at the party. After
inspecting and testing the Machine, it became apparent to the
employees that it was not functioning properly, and that the force
of
