Mother of deceased says penalty 'is really f---ing unfair'
Railcar maker, National Steel Car, has been fined $140,000 after pleading guilty on Thursday to a workplace safety violation related to the death of painter Collin Grayley in 2021.
Grayley is among three workers who lost their lives at the plant since 2020. Family and friends of the deceased argued the penalty was insufficient, especially considering an identical fine had been imposed in December of the previous year after a workplace safety conviction involving the death of crane operator Fraser Cowan in 2020.
The court proceedings saw grieving family members call out in dismay when the sentence was accepted by the justice of the peace. Grayley's widow, Andrea, voiced her disappointment to the Hamilton Spectator, saying, "that fine is pocket change for this company. I don't want National Steel Car to go out of business, but I want to know that those people are going to be able to come home safe after work." Andrea also questioned the message such a fine sends to large industrial employers with significant revenues.
Lynn Grayley, Collin's mother, also expressed her frustration, not comprehending why two convictions for workplace fatalities within months of each other did not result in a higher penalty. She emotionally shared, "I don't know what a 'fair' amount is because I lost my son, my baby. No penalty is ever going to feel fair. But I can tell you this is really f---ing unfair."
In a joint submission with the Crown, National Steel Car admitted guilt to one charge under the Occupational Health and Safety Act concerning the failure to maintain a safety release button on a mechanical lift.
The incident took place in April 2021 when Grayley, a 35-year-old painter, suffered crush injuries to his torso while using a mechanical lift device to cover railcar wheels with burlap ahead of painting. An investigation later revealed the safety release button on the mechanical lift was not functioning.
The court withdrew four other charges related to the fatal incident in 2021 and two unrelated charges on a separate health and safety matter.
Regarding the sentencing decision, Crown Dan Phelan explained the plea deal had been negotiated several months earlier, without specifying the exact influence of last year's conviction involving the death of Fraser Cowan. In that instance, a prosecutor had deemed the $140,000 fine appropriate partly because the fatality occurred "more than 10 years from (National Steel Car's) last offence" under the Occupational Health and Safety Act.
Despite the plea and fine, the company still faces health and safety charges in relation to the death of welder Quoc Le in 2022. Additionally, Hamilton police are conducting a separate investigation to determine if criminal charges should be laid in connection with all three fatalities.
