Business Owner Charged with Negligence Relating to Man’s Death Under Westray Law

In 2013, a middle-aged man named Peter Kempton from Milford was killed while working under a car at Your Mechanic Auto Corner in Halifax, NS. The mechanic was engulfed in flames and badly burned when the car caught fire. He was pronounced dead the following day under medical care.

After a two year long investigation, the owner of the shop, Elie Phillip Hoyeck, 41, is now facing the charge of criminal negligence causing death under Bill C-45, also known as the “Westray Law”. Hoyeck will be tried in Dartmouth in the first week of October.

Bill C-45

The Westray law was developed and enforced after the 1992 Westray coal mining disaster in Nova Scotia. In the law-inspiring accident, 26 miners lost their lives to a deadly underground explosion of methane gas. Prior to the incident, unsafe work conditions had be presented to company officials, however the site went unchanged by the company.

Bill C-45 was officially added to the Canadian Criminal Code as a law in 2004, establishing new legal duties for owners and managers regarding workplace health and safety standards. Criminal violations were added to the law for any cases involving serious injury or death in the workplace, instilling personal liability to representatives of a company.

First charge of it’s kind in NS, not Canada

While this is the first time charges of this type have been laid under the bill within the province, they are not the first in Canada. In 2010, the owner of a crane rental company, as well as the crane operator, were charged with negligence as the cause of death for the death of a worker killed in an excavation hole. The incident, which had occurred in 2009, included a crane falling into the hole and crushing the worker. The criminal charges were dropped due to insufficient evidence, however, eventually the company was found guilty and fined $70,000 for their violation under the Ontario Occupational Health and Safety Act.

In 2009, four construction workers were seriously injured when swing stage scaffolding collapsed, crushing them. The company responsible for the construction site scaffolding, as well as three corporate officers, were charged with criminal negligence in this case and initially fined a collective $230,000. Further fines were administered to the owner of the construction company, and a total of 61 charges were laid by the Ministry of Labour.

Now, Hoyeck faces similar charges for his negligence as the owner of Your Mechanic Auto Corner for his actions or lack thereof that may have contributed to the death of his innocent worker, Peter Kempton.

Investigation and Additional OHSA Charges

Kempton’s fatality has been under investigation by the criminal investigation division and labour department, supported by his daughter, Shannon Kempton. Kempton claims, “I knew from the beginning that things weren’t right where dad worked,” which sparked further investigation into the business.

It has become apparent to investigators that this was likely not Hoyeck’s only bout of negligence. He is now being associated with 12 additional charges under the Occupational Health and Safety Act for failing to provide a safe work environment for his employees. He has evidently turned a blind eye to out of date machines, broken equipment, and subpar materials, all which have posed serious safety concerns for the workers employed at Your Mechanic Auto Corner. Hoyeck has been tagged with more than 20 workplace safety orders since the inception of the Kempton investigation.

In recent investigations completed by CBC, the shop was said to be in “deplorable” conditions, which is a testament to the owner’s lack of responsibility to the safety and wellbeing of his business and employees. Under Bill C-45 it is necessary for anyone responsible for workers or employees – anyone with authority – to take the steps necessary in preventing bodily harm arising from work tasks to those who are employed.

Spotlight on Workplace Safety

The findings surrounding Kempton’s death have fueled further investigations into workplace safety in the region. Citizens of Nova Scotia refer to the C-45 Bill as a saving grace for the government to step in and prevent future disasters like the Westray Mining incident and Peter Kempton’s untimely death. The bill emphasizes the important of workplace safety and the responsibility of owners, managers, and employees to speak up and make changes that will improve unsafe working conditions.