National Steel Car is latest of 4 Hamilton-area companies charged in worker deaths last year

The Ontario government has laid charges against four of the six Hamilton-area businesses where workers died last year: Stelco, Norfolk Disposal Services, Janco Steel and National Steel Car, CBC Hamilton has learned.

The Ministry of Labour, Immigration, Training and Skills Development says those businesses are now before the courts. In all four instances, charges were laid about a year after the 2022 deaths.

Investigations into the other two local companies where workers died — P. & S. Van Berlo and TKEM Electric — are ongoing, ministry spokesperson Jennifer Rushby said Wednesday.

"Our sincere condolences go out to the family, friends and co-workers of the workers who lost their lives," she said in an earlier email. "Any worker in Ontario who feels unsafe should report their concerns to the Ministry of Labour, Immigration, Training and Skills Development so we can investigate. We respond to every complaint we receive."

The details follow recent CBC reporting that found at least four workers died in Hamilton last year — two were crushed, one died from a fall and one was struck by something. Two workers were also crushed to death last year in Norfolk County.

CBC asked the ministry for further information on those deaths and the resulting investigations. Here is what we learned.

Jan. 15, 2022 — Stelco

Kirk Moore worked at Hamilton steelmaker Stelco for more than 40 years when he was injured in what company management called a "serious incident" at the Hamilton Works facility on Jan. 15, 2022. He later died from his injuries.

"The main cause was improper guarding on a conveyor system," United Steelworkers Local 1005 president Ron Wells told CBC Hamilton on Thursday. "He got caught up into it. 

At the time, the union said Moore "was well known and very popular with his co-workers... Kirk is survived by his sons, Paul and Chris. No family should ever have to experience this kind of devastation."

The company said it would launch a "thorough and detailed" investigation to determine how the incident happened. 

In January of this year, the ministry charged Stelco with five charges under the Occupational Health and Safety Act, including for failing to "appoint a competent supervisor… at the coal handling area of the workplace"; failing to "provide information, instruction and supervision to a worker; and failing "to ensure the Joint Health and Safety Committee member inspected the physical condition of the coal handling area."

The ministry says the matter is next before the Ontario Court of Justice in Hamilton on July 26.

CBC called Trevor Harris, Stelco's vice-president of corporate affairs, but did not hear back.

Wells, from the union, said changes have been made in the area of the plant where Moore was killed.

"Since then, the guarding system has been upgraded. Something like that can't happen again, but it's too late for Kirk."

April 11, 2022 — Norfolk Disposal Services

The ministry says it charged Norfolk Disposal Services, a garbage and recycling company, this year in April after a worker died in Port Dover in April 2022. 

The Hamilton Spectator identified the victim as 42-year-old Junior Romain Richard, reporting that he died in a vehicle rollover.

The two charges against the company are for failing to take all reasonable precautions to protect the worker, and for failing to "provide information, instruction, and supervision to a worker to protect [their] health or safety," said the ministry.

The matter is next before the Ontario Court of Justice in Simcoe on Sept. 22.

CBC Hamilton left a message for the company's operations manager Doug Gatward on Wednesday but did not hear back.

April 26, 2022 — Janco Steel

In April of 2022, a 36-year-old man was hit by a forklift at Janco Steel, 925 Arvin Ave. in Stoney Creek. The man died of his injuries shortly after arriving at West Lincoln Hospital, police said at the time.

The ministry laid charges in that case on April 20 of this year – five counts including failing to "take every precaution reasonable in the circumstances for the protection of a worker," failing to follow provincially-mandated procedures and failing to "provide information, instruction or supervision to a worker to protect [their] health or safety."

The company's next court date is Aug. 17 in Hamilton.

In 2018, Janco Steel was fined $150,000 after a steel coil crushed a worker, killing him, two years prior.

CBC Hamilton left a message at the company's reception desk on Wednesday but did not hear back.

June 6, 2022 — National Steel Car

Welder Quoc Le died at National Steel Car on June 6 last year after a bulkhead fell at the rail car manufacturer in Hamilton's industrial sector.

The Ministry said in early May that it had issued two orders and 26 requirements to the company related to Le's death. On Wednesday, the ministry told CBC Hamilton the company was charged with three offences on May 23. 

It says National Steel Car "failed to ensure the diagonal bulkhead alignment bars were installed to secure the bulkhead prior to the commencement of any welding of the bulkhead to the floor of the railcar," and that it "failed to ensure that a crane was not used to pull and/or move the bulkhead while the bulkhead was tack welded to the floor of the railcar and not otherwise secured from movement, endangering the safety of a worker."

It also says the company failed to "take every precaution reasonable" for Le's protection when it "failed to ensure that the crane operator remained at the controls with a clear line of sight at all times prior to the bulkhead being secured to the floor of the railcar."

Its first court appearance for the matter was last week; it has been adjourned to Aug. 8.

Two other workers have died at National Steel Car in recent years: Collin Grayley and Fraser Cowan.

CBC Hamilton left a message for Hal Bruckner, the company's vice-president of human resources, but did not hear back.

Aug. 14, 2022 — P. & S. Van Berlo

Garvin Yapp, 57, a migrant worker from St. James, Jamaica, died in August in an accident with a tobacco harvester at Berlo's Best Farm in Norfolk County. 

The ministry said it has issued an order to the farm and that its investigation is ongoing.

When CBC called the farm, it was directed to someone named Peter – there are at least two Van Berlo family members with that first name – who declined to comment.

Aug. 16, 2022 — TKEM Electric

CBC was unable to verify much of what happened on Aug. 16 in Waterdown or who was killed. The ministry says the person worked for TKEM Electric, and was on a job site owned by New Horizon Development Group (NHDG). 

It says it has issued one requirement to TKEM and four to NHDG Waterdown Inc., and that its investigation is ongoing.

CBC could not find a working phone number or website for TKEM. A voicemail left for New Horizon's director of client experience Natasha Paikin was not returned.