Justice and Public Safety
Service NL
December 30, 2015

Statement Regarding Conviction for Offences under Occupational Health and Safety Act

The Department of Justice and Public Safety today issued the following statement in relation to a conviction at Provincial Court of Newfoundland and Labrador in Port aux Choix for violations of the Occupational Health and Safety Act associated with the death of a Fish and Wildlife Enforcement Officer in February 2013:

At Provincial Court in Port aux Choix, the Department of Justice and Public Safety was convicted for violations of the following:

1. Section 5(b) - Occupational Health and Safety Act: Failure to provide the information, instruction, training and supervision and facilities that are necessary to ensure the health, safety and welfare of his or her workers;
2. Section 12(1)(d) - Occupational Health and Safety Regulations: Failure to ensure written safe work procedures appropriate to the hazards and work activity were included in the employer�s OHS program;
3. Section 14(2) - Occupational Health and Safety Regulations: Failure to ensure that necessary protective clothing and devices are used for the health and safety of his or her workers.

An Agreed Statement of Facts related to this case can be found at the following link: www.justice.gov.nl.ca/just/publications/pdf/agreed_facts_jps_ohs_case.pdf

As a result of this conviction, the court imposed penalties totalling $70,000 on the Department of Justice and Public Safety which includes funds to:

• Conduct a safety audit via an independent auditor. If there are any recommendations for any additional training activities required by the independent auditor, they will be completed by September 1, 2016;
• Conduct ice safety training for at least 100 non-departmental and public participants through the Marine Institute. At least two of these course offerings are to be conducted on the Northern Peninsula, and at least one in Eastern Newfoundland; and
• Provide opportunity for students on the Northern Peninsula to access Marine Institute ice safety courses.

The Department of Justice and Public Safety accepts responsibility and apologizes for its role in this tragic event. The department also offers condolences on behalf of all employees to the family and friends of Howard Lavers. Officer Lavers was a well-known and respected Fish and Wildlife Enforcement Officer and a valued member of our community.

Officer Lavers� death has had a profound impact on the Fish and Wildlife Enforcement Division (FWED) and has brought about a significant and lasting change in how the division operates. Directives issued to the department following the accident regarding policies, procedures and training have been addressed to the satisfaction of the Occupation Health and Safety Division. A date has been set for September 2016 to appear in court in Port aux Choix to report on implementation of the Sentence Order, and address any issues that arise.

It is the Department of Justice and Public Safety�s genuine belief that the measures introduced will assist in preventing a similar event from happening in the future.

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Media contacts:

Luke Joyce Director of Communications Department of Justice and Public Safety 709-729-6985, 725-4165 lukejoyce@gov.nl.ca

Jason Card Director of Communications Service NL 709-729-4860, 699-0470 jasoncard@gov.nl.ca

2015 12 30                             4:00 p.m.