Warehouse death leads to $350,000 penalty and worker safety funds
LX Hausys Canada pleaded guilty after a 2023 incident where a worker was struck by dislodged marble slabs at a northeast Calgary facility.
An Ontario-based building materials supplier has been ordered to pay $350,000 following the 2023 death of a worker at its northeast Calgary warehouse, marking a court decision that redirects the penalty toward workplace safety innovation.
LX Hausys Canada Inc. pleaded guilty on May 28 to one count under the Occupational Health and Safety Act for failing to ensure worker health and safety. The Crown withdrew 14 other counts against the company.
On September 19, 2023, a worker was helping move large marble slabs using a forklift near the intersection of Hopewell Place and 27th Street N.E. when the slabs dislodged and struck the employee. First responders, including Calgary Fire Department technical rescue crews, responded around 1:30 p.m. Paramedics declared the victim dead on scene.
Instead of a standard fine going to the provincial treasury, the court directed the $350,000 to the Manufacturers' Health and Safety Association to develop portable virtual reality forklift simulators for operator training. The association and Alberta Workforce Essential Skills will also use funds to develop and deliver workplace safety training for English-language learners.
The sentencing reflects an OHS Act provision allowing judges to redirect fines toward projects that improve workplace health and safety. The company and Crown have up to 30 days to appeal the conviction or penalty. The case illustrates how courts are increasingly using creative sentencing to address systemic workplace risks rather than simply extracting fines.