National Steel Car is also in court over ‘critical injury’ charges separate from three high-profile workplace deaths

The Hamilton railcar maker where three workers died on the job in two years is also facing separate charges over two critical injury" incidents, court documents show.

The company has attracted increasing scrutiny since welder Quoc Le, 51, died on the job Monday after a reported 2,000-pound metal bulkhead fell at the Kenilworth Avenue North plant.

His death - and two others in the workplace since September 2020 - spurred the United Steel Workers to call for a police probe into potential criminal negligence. The company has called that union allegation irresponsible" and said it is committed to ensuring the health and safety of all its employees."

The railcar maker is already in court to face provincial occupational health and safety charges stemming from the workplace deaths of crane operator Fraser Cowan in September 2020 and painter Collin Grayley in April 2021.

But the Spectator has also confirmed National Steel Car is facing separate charges related to two incidents that each resulted in what the Ministry of Labour called alleged critical injury."

The company did not respond to questions about the alleged critical injury charges Thursday or Friday.

The province defines critical injury" as one that is life-threatening or serious in nature. Examples include loss of consciousness, widespread burns, serious blood loss, a broken or amputated leg or arm, and loss of sight in an eye.

The ongoing court matters related to alleged critical injuries include:

• Two occupational health and safety charges alleging National Steel Car failed to ensure required safe lifting measures and to provide instruction or supervision to workers during an unspecified March 15, 2021, incident. The next court date for the matter is June 23.

• Three occupational health and safety charges related to an unspecified Aug. 4, 2019, incident. A supervisor is also separately named and faces two charges. A judicial pretrial hearing is scheduled for July 14.

Few details are available in the court documents about the circumstances behind the charges or alleged injuries.

The alleged incident in March, however, involved a worker assisting a crane operator with the rigging" of materials. The steelworkers' union said it believed the incident resulted in a worker suffering a broken foot or leg.

The August 2019 charges include allegations the employer failed to provide information or instruction about working near an open pit, as well as failing to acquaint a worker or supervisor in charge of a worker about hazards in the workplace. The court documents do not include injury details.

But the hazard" referred to in the document are associated with the railcar manufacturer's shot blast" area, where railcars are stripped or cleaned with a high-speed spray of tiny metal shot particles.

The union has argued provincial health and safety charges are not enough.

It wants police to investigate whether criminal liability can be established on the part of the corporation under Criminal Code amendments - commonly known as the Westray Law - meant to address serious workplace injuries or death.

A statement from the office of Labour Minister Monte McNaughton notes the province has issued 78 orders or requirements of the company since June 2021 - but the ministry will not reveal details of those orders.

Matthew Van Dongen is a transportation and environment reporter at for The Spectator. mvandongen@thespec.com