Quebec’s CNESST issues report in ATV incident that injured worker under age 14

Photo of the ATV and trailer at Village Vacances Valcartier. Photo: CNESST

An investigation into a workplace accident that injured a worker under the age of 14 in Quebec has led to recommendations on the proper use of all-terrain vehicles (ATVs) and a reminder about obligations for employing young workers in the province.

The CNESST launched an investigation following the incident at a campground on June 4, 2022, in Saint-Gabriel-de-Valcartier. The worker, who was under the age of 14, was an outdoor operations officer (title translated) at the Village Vacances Valcartier.

On June 4, he was tasked with removing fallen leaves from camping areas. He was part of a team, and they were given an ATV and trailer to transport the fallen leaves to the drop-off area.

He was standing in the cargo box at the back of the ATV and, during a 90-degree turn to the left, he lost his balance and fell to the ground. He was then struck and run-over by the trailer the ATV was towing. He sustained serious head and upper body injuries and was transported to hospital.

Video recreation of accident

Accident causes

The CNESST said there were two causes to the accident. First, he was standing in the cargo box of the ATV and ejected while it was turning.

Second, there was a lack of training and supervision of young and new workers related to the safe operation of ATVs.

It rendered three decisions, which the employer complied with:

• prohibition of use of the vehicle
• prohibition of exceeding the capacity of occupants of the vehicle
• developing a working method that takes into account the requirements of the Société de l’assurance automobile du Québec (SAAQ) in relation to driving ATVs

It also said the employer must develop safe work procedures that include:

• compliance with the number of passengers prescribed by the manufacturer
• ATV safe driving training (including speeding, helmet and seat belts)
• compliance with the SAAQ’s driving requirements for this type of vehicle (including age and driver’s license.)

Labour standards rights and obligations

CNESST said the campground had more than 175 workers under the age of 14 on its payroll in June 2022.

For more than 100 of these workers, the employer had no signed parental authorization — and they had all provided work and received pay before reaching the age of 14.

It said employers can hire workers under the age of 18, but certain conditions apply depending on their age and situation. In particular, it said, workers who are required to attend school cannot be asked to work during school hours or at night.

Nor can employers ask minors to perform work beyond their capacity or that is likely to harm their health, it said. Any employer wishing to employ someone under the age of 14 must obtain written authorization from a parent or guardian — and keep record of that authorization for three years, it said.

Charges

CNESST served 23 statements of offence on Village Vacances Valcartier relating to labour standards and two statements of offence relating to occupational health and safety, it said.

Under section 237 of the Act respecting occupational health and safety, the amount of the fine for a statement of offence varies from $18,157 to $72,637 for a legal person in the case of a first offence, and from $36,319 to $181,593 for a subsequent offence.

Under section 236 of the Act respecting occupational health and safety, the amount of the fine for a statement of offence varies from $1,818 to $3,632 for a legal person in the case of a first offence, and from $ 3,632 to $7,263 in the case of a subsequent offence.

Under section 140 of the Act respecting labour standards, the amount of the fine for a statement of offence varies from $600 to $1,200 for a first offence, and from $ 1,200 to $6,000 for a subsequent offence.