Finning International Inc., a heavy equipment supplier, must pay CA$155,000 after a driver employed by another company was struck by a moving loader at an equipment yard. The company pleaded guilty on October 16, 2026, to a violation of the Alberta Occupational Health and Safety Code. The judge opted for so-called ‘creative sentencing’: the money goes toward safety training rather than into the public treasury.
What happened
On December 14, 2023, a driver was seriously injured at an equipment yard near Mildred Lake, Alberta, Canada. The driver worked for McMurray Serv-U Expediting Ltd. and was making deliveries or pickups at the site when struck by a moving loader. The precise nature of the injuries has not been made public. The driver was not employed by Finning, but by an outside company carrying out work at the site.
Conviction
Finning pleaded guilty on October 16, 2026, to one violation of the Alberta OHS Code: failing to ensure the loader was operated according to the manufacturer’s specifications, which required, among other things, continuous monitoring of the area around the machine during use so that hazards could be identified in time. A second charge, concerning allowing workers within range of moving mobile equipment under section 258(1)(a) of the OHS Code, was withdrawn. Finning and the prosecutor (the Crown) have 30 days from the October 16, 2026 hearing to appeal. By comparison, the general statutory maximum for a first violation of Alberta’s OHS legislation is a fine of $500,000 and/or up to six months in jail per offence. In this case, however, the judge opted for creative sentencing under section 49 of the Alberta Occupational Health and Safety Act: Finning must pay CA$155,000 to the Alberta Motor Transport Association (AMTA). That amount is earmarked for hands-on safety training for commercial drivers, contractors, visitors, supervisors, workers and mobile equipment operators at remote industrial sites in Alberta.
Recommendations
The ruling underscores that companies managing an equipment yard remain responsible for the safety of everyone present there, including drivers and other personnel from outside parties. Mobile equipment such as loaders poses a persistent risk at sites where vehicles, machinery and people work in close proximity. The case illustrates the importance of continuous monitoring of the area around moving machinery, clear separation of pedestrian and vehicle routes, and operating instructions that match the manufacturer’s specifications. At sites where in-house and outside personnel work together, clear agreements on access and escort of visiting drivers help limit such risks.
Context
This is not the first time Finning has been convicted of violating OHS rules. According to Canadian Occupational Safety, the company was already sentenced on September 15, 2023, following a 2021 incident in Edmonton in which a falling excavator counterweight killed one worker and seriously injured another; that case resulted in a fine of $1,000 plus $414,000 directed to Energy Safety Canada for training.
Creative sentencing under section 49 of the Alberta OHS Act allows judges, instead of an ordinary fine that goes to the public treasury, to direct an amount toward training, education, research or non-profit initiatives that improve workplace safety. According to an opinion piece on thesafetymag.com, since January 2025, 18 of the 31 OHS convictions in Alberta have resulted in creative sentencing, totaling $5,092,000, averaging roughly $283,000 per case. Critics note that such sentences are often aimed at training for workers and third parties, while the legally liable party, the employer, is not always directly addressed as a result.
Source: Finning ordered to pay $155,000 after another company’s driver struck by loader, October 23, 2026
Additional research: Creative sentencing is missing the mark in OHS prosecutions (thesafetymag.com)
