In a bizarre case, a backhoe operator has been convicted of assault under the Criminal Code after he tried, in a fit of rage, to throw a co-worker off the backhoe by rotating the machine four full rotations while the worker held on to a railing as his feet were flying free of the machine.
The altercation happened after the worker tried to confront the backhoe operator for coming into contact with his father's truck. It hadn't helped that the worker had also complained about the operator's operation of the backhoe on the previous day.
The worker testified that he approached the backhoe while it was loading a truck, and tried unsuccessfully to get the operator's attention. He then opened the backhoe door and yelled at the operator, after which an altercation ensued. The worker said he fell onto the tracks of the machine, and got up and held the railing. The operator then rotated the machine four full rotations, with the worker holding on the the railing with his feet flying free. The worker eventually fell off and landed on the ground. He was unhurt.
The worker said that he lost his hat, which the operator started "stabbing" with the bucket of the machine. A co-worker wisely persuaded him not to fetch his hat.
The court found the backhoe operator guilty of criminal assault. The operator's version of what happened was not credible, but the worker was generally credible, although both of them had been "immature".
This case demonstrates that workplaces are not immune from the application of the criminal law. Where an employee's workplace conduct violates the Criminal Code, the police may proceed with charges.
R. v. Schultz, 2014 ONCJ 9 (CanLII)
For more information, visit our Occupational Health & Safety Law blog at www.occupationalhealthandsafetylaw.com
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