Latest Fines
August 2008 < Back To Fines
Ministry of Labour
Court Bulletin - Automotive exhaust company fined $120,000 after worker injured

GODERICH, ON, Aug. 12 /CNW/ - Wescast Industries Inc., an international company with its Canadian base in Brantford, pleaded guilty and was fined $120,000 in the Ontario Court of Justice July 23, 2008, after a worker was
injured on April 28, 2007.

Justice of the Peace Robert Gay heard that the company provides exhaust system components for automotive engines and operates a foundry at its 40621 Amberly Rd., Wingham location. A worker was removing impurities from the molten metal in the furnace with a device called a cast slagging spoon. Before a cast slagging spoon is placed into the furnace, a protective coating, called a pig wash, is applied and allowed to dry to remove all moisture from the spoon's surface. Court heard that it seemed on this occasion some moisture may have been trapped in a cavity on the spoon. The presence of moisture caused the molten material to explode 20 metres in the air, hitting the plant's ceiling and seriously burning the worker.

The worker was not wearing appropriate apparel as required by section 84 of Ontario Regulation 851. This was contrary to section 25(1)(c) of the Occupational Health and Safety Act.

In addition to the fine, the court 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
Inco fined $70,000 after workplace incident

SUDBURY, ON, Aug. 13 /CNW/ - Inco Limited pleaded guilty and was fined $70,000 in the Ontario Court of Justice, August 12, 2008, in connection with a workplace incident.

Justice of the Peace D. LaFleur heard that on June 30, 2005, two workers at the Copper Cliff Smelter in Sudbury were doing maintenance work on a flash furnace. The workers were to adjust buckstays, tie rod systems connected to structural steel members. The workers used 50 tonne hydraulic jacks to make the adjustments. In one instance, the jacks were placed in the buckstay cradle incorrectly and, when pressure was released from the jacks, a fitting on the hydraulic hose connected to the jacks sheered off as it was pinched between the cradle and the jacking plate.

A Ministry of Labour investigation found that one of the workers had not been provided training on Inco's procedure for this work. Inco Limited pleaded guilty to failing, as an employer, to provide information, instruction and supervision to a worker to protect the health or safety of the worker, contrary to section 25(2)(a) of the Occupational Health and Safety Act.

In addition to the fine, the court 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 - Woodbridge company fined $50,000 after worker injured

NEWMARKET, ON, Aug. 13 /CNW/ - A Woodbridge maker and supplier of wood pallets pleaded guilty and was fined $50,000 in the Ontario Court of Justice, August 8, 2008, in connection with an injury to a worker.

Justice of the Peace C. Seglins heard that on November 1, 2006, an employee of Woodbridge Pallet Limited, 9230 Islington Ave., removed two-by-four planks that were holding sheets of plywood inside a trailer. The plywood shifted and fell on the worker, resulting in an arm injury. Woodbridge Pallet pleaded guilty to failing, as an employer, to ensure that the measures and procedures prescribed by section 45(b) of the Ontario Regulation 851 were carried out, contrary to section 25(1)(c) of the Occupational Health and Safety Act. The regulation requires that materials, articles or things shall be transported, placed or stored so that they will not tip, collapse or fall and so that they can be removed without endangering the safety of a worker.

In addition to the fine, the court 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 - Sudbury area company and supervisor fined after bridge support collapsed

SUDBURY, ON, Aug. 13 /CNW/ - A Sudbury-area company was fined $130,000 and a supervisor fined $10,000, August 13, 2008, in connection with a bridge collapse in Sudbury.

In May 2004 a bridge over Lorne Street was under rehabilitation. A temporary support structure was built by Nor Eng Construction & Engineering, with Glenn Bot, the company president, as supervisor. It was to hold the
bridge up while road traffic flowed underneath. On May 7, 2004, the south end of the bridge collapsed onto the roadway below. No one was injured. After a trial Nor Eng was convicted on June 20, 2008, as an employer, of:

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- failing to ensure the temporary support structure was constructed so as to support or resist all loads and forces to which it was likely to be subjected, contrary to section 31(1)(a) of the Construction Regulations and section 25(1)(c) of the Occupational Health and Safety Act.

- failing to ensure the temporary support structure was adequately braced to prevent any movement that may affect its stability or cause its failure or collapse, contrary to section 31(1)(b) of the regulations and section 25(1)(c) of the act.

- failing to take the reasonable precaution of ensuring that a quality verification engineer was retained and inspected the temporary support structure, contrary to section 25(2)(h) of the act.

- failing to take the reasonable precaution of ensuring the temporary support structure was constructed and/or installed in conformity with design drawings contrary to section 25(2)(h) of the act.

- failing to take the reasonable precaution of ensuring that modifications to the design of the temporary support structure were approved by the design engineer, contrary to section 25(2)(h) of the act.
>>

Glenn Bot was convicted, as a supervisor, of offences corresponding to the fourth and fifth counts above noted, contrary to section 27(2)(c).

In addition to the fines, the court 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 - Mississauga company fined $70,000 after worker injured

BRAMPTON, ON, Aug. 13 /CNW/ - A Mississauga cardboard box maker pleaded guilty and was fined $70,000 in the Ontario Court of Justice, August 12, 2008, in connection with an injury to a worker.

Justice of the Peace Milagros Eustaquio-Syme heard that on October 30, 2007, an employee of Cascades Canada Inc. was working at a conveyor system when the bottom one in a stack of 25 cartons got caught under the conveyor belt. On trying to free the stuck carton, the worker's finger became caught in the belt. When the worker tried reaching for the emergency stop on the side of the machine, another finger became caught in the belt. Amputation of part of both fingers was required.

A Ministry of Labour investigation found that the pinch point areas on the belts and rollers were not guarded. This was contrary to section 25 of Ontario Regulation 851 and section 25(1)(c) of the Occupational Health and
Safety Act.

In addition to the fine, the court 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 - Mississauga metal galvanizer fined $80,000 after worker injured

BRAMPTON, ON, Aug. 13 /CNW/ - PMT Industries Limited, operating as Pure Metal Galvanizing, of Mississauga, pleaded guilty and was fined $80,000 in the Ontario Court of Justice, August 12, 2008, in connection with an injury to a worker.

Justice of the Peace Milagros Eustaquio-Syme heard that on May 16, 2007, a maintenance worker, who was employed by the company at its workplace at 7470 Bren Rd., was instructed to add caustic soda in solid (powder/pellet) form to a caustic rinse tank used to clean and degrease products prior to galvanizing. As the worker was opening the soda container's lid, some caustic soda fell into the rinse tank, resulting in an eruption that caused second and third degree burns to 25 percent of the worker's body.

The company pleaded guilty to failing, as an employer, to ensure that a worker who worked with, or in proximity to, a controlled product was informed of all hazard information concerning the controlled product, as required by
section 6 of Regulation 860, contrary to section 25(1)(c) of the Occupational Health and Safety Act.

In addition to the fine, the court 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 - Quebec-Based Company Fined $73,000 After Worker Injured

OTTAWA, Aug. 12 /CNW/ - An Anjou, Quebec-based maker of concrete masonry and landscaping products pleaded guilty and was fined $73,000 in the Ontario Court of Justice, July 31, 2008, in connection with an injury to an employee.

Justice of the Peace Claudette Cain heard that the employee was a machine operator for Permacon Group Inc. at its Stittsville, Ontario site when the incident occurred, December 6, 2006. The worker was using a wrapper/stroker
machine to wrap pallets of bricks in plastic and then move them through an automated door for storage. In cold weather, the door became jammed. To open the door manually, the worker moved between it and a pallet of bricks sitting on a track of rollers. When the door opened, the stroker part of the machine moved forward, pinning the worker by the legs against the pallet of bricks and causing severe injuries.

A Ministry of Labour investigation concluded that the machine was not equipped with a guard or other device to prevent access to a pinch point. This was contrary to section 25 of Ontario Regulation 851 and section 25(1)(c) of
the Occupational Health and Safety Act.

In addition to the fine, the court 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 - Linamar fined $550,000 in two deaths, one injury

GUELPH, ON, July 30 /CNW/ - Linamar Corporation and Linamar Holdings Inc., of Guelph, have together been fined a total of $550,000 following guilty pleas in connection with two workplace deaths and an injury. Linamar is a global auto parts manufacturer operating via a number of divisions and companies.

On October 28, 2005, a worker at Linamar's Ariss, Ontario, machining plant was fatally injured while operating a grinder, the moving parts of which were contained beneath a moving hood and a stationary hood. The worker was
trapped in a pinch point between the two hoods and crushed. Linamar Corporation, carrying on business as Ariss Manufacturing Division, pleaded guilty to failing to properly guard the equipment as required by measures and
procedures prescribed by section 25 of Ontario regulation 851, contrary to section 25(1)(c) of the Occupational Health and Safety Act. The fine was $225,000.

On May 1, 2006, at Linamar's 148 Arrow Rd., Guelph, factory, a worker was electrocuted when he took hold of an electrically charged chain attached to a crane. Electric cranes are used in the workplace to move auto parts. One crane had been electrically faulty and was unplugged at a shift's end. A worker on the next shift plugged it back in, noticed no trouble, and put it back into service. The deceased was electrocuted by taking hold of a chain attached to this electrically charged and faulty crane while holding onto the chain of another crane that acted as a grounding structure. Linamar Holdings Inc., carrying on business as Camtac Manufacturing, pleaded guilty to failing, as an employer, to ensure that the crane was maintained in good condition, contrary to section 25(1)(b) of the Occupational Health and Safety Act. The fine was $225,000.

On August 16, 2007, a worker suffered a serious hand injury at Linamar's manufacturing plant at 150 Arrow Rd., Guelph-Eramosa Township. The maintenance worker was changing a filter on a pressure filter that recycles the coolant for machines in the plant. The worker's hand was trapped and crushed between two compartments of the machine. A Ministry of Labour investigation found that workers failed to place a safety block between the two compartments to prevent movement before attempting to change the filter. Linamar Holdings Inc., carrying on business as Camcor Manufacturing, pleaded guilty to failing, as an employer, to ensure the measures and procedures of section 75(b) of the Industrial Regulations were complied with, contrary to section 25(1)(c) of the
Occupational Health and Safety Act. The fine was $100,000. In addition to the fines imposed by Justice of the Peace Z. Radulovic, the court imposed a 25-per-cent victim fine surcharge, 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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