National Steel Car charged after death in the workplace last year
National Steel Car faces three charges under Ontario's Occupational Health and Safety Act following an investigation into the death of crane operator Fraser Cowan last year.
The rail-car maker says it will vigorously defend" the charges and says that its workplace is safe.
Cowan, a 51-year-old father of two, died on the job Sept. 2, 2020, at National Steel Car - the first of two employee deaths in eight months at the Kenilworth Avenue North plant. A provincial Ministry of Labour investigation continues into Collin Grayley's death April 23.
Trudy Schoeman Cowan said she was unable to speak to The Spectator about news of the charges Friday. But she pointed to an online safety campaign and fund created in her ex-husband's memory for anyone who wanted a glimpse at the wonderful person Fraser was."
In May, the United Steel Workers union called for a thorough review of health and safety" at the plant as a result of the two deaths.
Joe Paquette, a representative of the local union's health and safety committee, said he cannot comment on charges before the courts.
But Paquette said the union is coming up with safety improvement recommendations based on its own probe of recent fatalities and added he believes the province is taking the call for a safety review seriously. We're working diligently to ensure something like this does not happen again," he said.
The circumstances of Cowan's death remain unclear.
Police initially stated in a release he was struck by a large metal item that he was working on," but National Steel Car has disputed that, saying no employee at National was struck and died by a large piece of metal last year."
In a statement Friday, lawyers for the company did not address questions about how the incident happened, but reiterated National Steel Car has been and continues to be a safe workplace."
The company has called the recent deaths tragic, but not the result of an unsafe workplace."
Ontario Labour Relations Board records posted online show the company has contested provincial orders related to the Sept. 2, 2020, fatal incident. An interim ruling states the fatality involved a large metal component" that became disengaged" from an overhead crane hook.
In response to a Spectator request for an update on the investigation, the ministry confirmed Friday three charges had been laid under the Occupational Health and Safety Act at the end of August. The next court date for the matter is Oct. 18.
The three offences relate to the employer's alleged failure to ensure measures and procedures" required under the act were carried out. Those measures or procedures relate to safe lifting of material, safely equipping lifting devices, and maintaining safe distances between hoist controls and loads.
Cowan, who was born in Scotland, is described online as a talented musician, world traveller and veteran crane operator who was serious about workplace safety.
He was also a loving father of two teen daughters, who described him in an obituary as Best Dad Ever."
To them, he passed on his stories of travel, his love of music and his ability to create a game out of almost anything," said a tribute on the Fraser Cowan Fund page.
He was in the process of making a list of where his daughters wanted to travel and where they would all go to create more amazing memories. Unfortunately, those trips were never taken. The music stopped. The memories became all we had."
Matthew Van Dongen is a Hamilton-based reporter covering transportation for The Spectator. Reach him via email: mvandongen@thespec.com