Smith Group Holdings Ltd. and a subsidiary of Brooks Asphalt & Aggregate Ltd. have been charged with 15 counts under occupational health and safety (OHS) laws. 

Brooks Asphalt & Aggregate Ltd. pleaded guilty to one charge on March 6 under the OHS Act for failing to ensure the health and safety of a worker.

The other charges against Brooks Asphalt & Aggregate Ltd. and all charges against Smith Group Holdings Ltd. were withdrawn.

The charges stem from an incident on a road construction site in the County of Newell on July 23, 2021, where a worker died from asphyxiation while cleaning out a gravel bin with a running conveyor. 

The company is expected to pay $295,000 in total penalties, including a $1,000 fine. 

Under a creative sentence, $244,000 will be provided to the Alberta Construction Safety Association to develop a three-dimensional incident re-creation video, a series of learning videos, a toolbox talk resource guide, and a safety session open to all industries.

The remaining $50,000 will be provided to the Brooks Fire Department to purchase new rescue equipment.

Both the company and the Crown have up to 30 days to appeal the conviction or penalty. 

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