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Mon, Nov 19, 2018 12:44
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Management Side
JD Irving to plead guilty in fatality

CANADA (From news reports) -- A week-long trial for J.D. Irving Ltd., in connection with the death of an employee at the Valley sawmill will not be proceeding.

Instead, the company has served notice with provincial court in Truro that it intends to plead guilty to one of three charges laid by the Department of Labour and Advanced Education under the Occupational Health and Safety Act.

The charges were laid following the June 2016 death of a 28-year-old Bible Hill man who was struck by a piece of heavy equipment at the site.

Company lawyer William Ryan told the court on Thursday by telephone that it will be officially entering its plea on Aug. 7 when the company is also scheduled to be sentenced. The lawyer said the company will also be contesting the Crown's suggested sentence.

Judge Al Bégin said he wanted the agreed statement in the case along with any previous case files the company plans to use to bolster its position on sentencing, to be filed with the court a week prior to the Aug. 7 date.

The original charges allege that Irving failed as an employer to take every reasonable precaution to provide information, training, supervision and facilities to ensure the health and safety of its employees; that the company failed to ensure a written policy procedure plan or code of practice for a site walk zone policy was adequate or implemented; and that Irving failed to ensure a lift truck was operated in accordance with the Canadian Standards Association.

Ryan said Irving has agreed to plead guilty only to the third charge relating to the operation of the lift truck.

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