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April 2009 < Back To Fines
Ministry of Labour
Court Bulletin - David J. Cupido Construction Limited fined $52,000 for failing to protect workers from asbestos

KINGSTON, ON, April 21 /CNW/ - David J. Cupido Construction Limited, a Kingston company, was fined $52,000 on April 16, 2009, for a violation under the Occupational Health and Safety Act (OHSA), after workers were exposed to asbestos.

On May 22, 2007, workers started construction in a building at 1211 John Counter Boulevard in Kingston when material was discovered that contained asbestos.

A Ministry of Labour investigation found that workers were exposed to asbestos and that David J. Cupido Construction Limited failed to take the reasonable precaution of checking for the presence of asbestos in the building before starting work at the site. Under the OHSA, employers must ensure no work is done that may disturb material that may contain asbestos. David J. Cupido Construction Limited pleaded guilty under the OHSA for
failing to take every precaution reasonable in the circumstances for the protection of workers, in this case, failing to check to determine the presence of asbestos before commencing work.

The fine was imposed by Justice of the Peace R. Sculthorpe. In addition to the fine, the court also imposed a 25-per-cent victim fine surcharge on the total, as required by the Provincial Offences Act. The surcharge is credited
to a special provincial government fund to assist victims of crime.

Ministry of Labour
Court Bulletin - Wasteco fined $85,000 after worker dies
TORONTO, April 20 /CNW/ - Southern Sanitation Inc., a Toronto garbage hauling company carrying on business as Wasteco, was fined $85,000 on April16, 2009, for a violation under the Occupational Health and Safety Act (OHSA), after a worker was killed.

On November 20, 2007, a Wasteco truck mechanic working alone at the company garage at 161 Bridgeland Avenue in Toronto was crushed between the rails and frame of a roll-off truck being worked on. A Ministry of Labour investigation found the company had written instructions for blocking the hoist rails of this type of truck when the rails are in the raised position, but this had not been done.

Southern Sanitation Inc., carrying on business as Wasteco, pleaded guilty under the OHSA of failing as an employer to provide information, instruction and supervision to protect the health and safety of a worker.

The fine was imposed by Justice of the Peace W. G. Ralph. In addition to the fine, the court also imposed a 25-per-cent victim fine surcharge on the total, as required by the Provincial Offences Act. The surcharge is credited to a special provincial government fund to assist victims of crime.
Ministry of Labour
Court Bulletin - Domtar Inc. fined $87,000 after worker injured

WAWA, ON, April 20 /CNW/ - Domtar Inc., a Montreal, Quebec company that makes pulp, paper, and wood products at facilities across Canada and the United States, was fined $87,000 on April 16, 2009, for a violation under the Occupational Health and Safety Act, after a worker was injured.

On March 20, 2007, at the company's facility in White River, an electrician was doing maintenance work on a machine in the plant. While the worker was testing the voltage inside an electrical panel on the machine, an arc flash, or electrical blast, burned the worker's hand and face. A Ministry of Labour investigation found that the worker was not wearing rubber gloves or wearing a shield.

Domtar Inc. pleaded guilty to failing, as an employer, to ensure the worker used protective equipment and procedures adequate for protection against electrical shock and burns.

The fine was imposed by Justice of the Peace Pierre Leclerc. In addition to the fine, the court also imposed a 25-per-cent victim fine surcharge on the total, as required by the Provincial Offences Act. The surcharge is credited
to a special provincial government fund to assist victims of crime.

Ministry of Labour
Court Bulletin - Highrise Window Technologies Inc. fined $160,000 after worker killed
NEWMARKET, ON, April 8 /CNW/ - Highrise Window Technologies Inc., a Concord, Ont. company that makes windows for high rise buildings, was fined $160,000 on April 3, 2009 for a violation under the Occupational Health and Safety Act, after a worker was killed.

On September 19, 2007, a worker was cutting, loading onto a cart, and moving cut glass from a cutting machine to a washing machine. One cart was overloaded, a rear castor on it broke off while in motion, and glass fell off the cart, pinning the worker between the fallen glass and the cutting machine.

A Ministry of Labour investigation found that by lifting the front castors off the ground and dragging the cart, excess stress was placed on the rear castors, causing one to sheer off and the cart and its load to tip. Highrise Window Technologies Inc. pleaded guilty to failing, as an employer, to ensure the glass was moved in a way that would not endanger the worker.

The fine was imposed by Justice of the Peace Michael Frederiksen. In addition to the fine, the court also imposed a 25-per-cent victim fine surcharge on the total, as required by the Provincial Offences Act. The surcharge is credited to a special provincial government fund to assist victims of crime.
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