The Ministry of Labour has laid nine charges against Vale under the Occupational Health and Safety Act, stemming from the June 2011 deaths of Jason Chenier and Jordan Fram at Stobie Mine.
Thirty-five-year-old Chenier and 26-year-old Fram were killed on June 8 when an unscheduled run of muck came down an ore pass and overtook the miners at the 3,000-foot level.
The following outlines the charges brought against Vale:
* The accused failed to ensure that workplaces in the Stobie Mine at the 2400, 2450, and/or 2600 level were kept free from accumulation or flows of water which might endanger workers in the area.
* The accused failed to take the reasonable precaution of preventing the movement of material through an ore pass while hazardous conditions existed.
* The accused failed to take the reasonable precaution of ensuring that a transfer gate on an ore pass could be operated and monitored from a safe location.
* The accused failed to take the reasonable precaution of maintaining the drain holes at the 2400 level of the Stobie Mine. The accused failed to take the reasonable precaution of ensuring that water, slimes, and other wet material was not dumped into the #7 Ore Pass at the 2600 level of the Stobie Mine.
* The accused failed to take the reasonable precaution of ensuring that its procedure “Wet Control Instruction for Pulling Wet Chute/Ore Pass” was followed at the 3715 Ore Pass and the #7 Ore Pass at the Stobie Mine.
* The accused failed to provide instruction and supervision on the accumulation of water in an ore pass to the deceased workers.
In addition, a Vale employee has been charged with six counts under the Occupational Health and Safety Act. The ministry charges that:
* The accused failed to take the reasonable precaution of preventing the movement of material through an ore pass while hazardous conditions existed.
* The accused failed to take the reasonable precaution of ensuring that water, slimes, and other wet material was not dumped into the #7 Ore Pass at the 2600 level of the Stobie Mine.
* The accused failed to take the reasonable precaution of ensuring that the employer’s procedure “Wet Control Instruction for Pulling Wet Chute/Ore Pass” was followed at the 3715 Ore Pass and the #7 Ore Pass at the Stobie Mine.
* The accused failed to take the reasonable precaution of ensuring that the underground workplaces under his supervision were kept free from accumulation or flows of water which endangered workers in the area.
* The accused failed to take the reasonable precaution of guarding against an accumulation of water in the 3715 Ore Pass of Stobie Mine.
* The accused failed to take the reasonable precaution of controlling the flow of water in areas under his supervision.
The first appearance in court is Aug. 14.
In a statement, Vale said it was in the process of reviewing the ruling by the ministry and would not comment further until the company determined how to proceed.
“Our own investigation concluded that there were a number of factors contributing to the tragic deaths of Jason and Jordan,” the statement reads. “As a result, a plan of action, including more than 30 recommendations, is being implemented to put control measures in place to address the contributing factors identified through our investigation.
“The pain is still very real for everyone at Vale, but most of all the families, friends and co-workers who knew Jason and Jordan well,” it continues. “As we consider the legal aspects of this matter, our primary focus will remain on doing everything in our power to ensure a tragedy like this never repeats itself.”
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