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September 2008 < Back To Fines
Ministry of Labour
Court Bulletin - Toronto company fined $50,000 after worker injured

TORONTO, Sept. 8 /CNW/ - Toronto food processing company W.T. Lynch Foods Limited pleaded guilty in the Ontario Court of Justice September 4, 2008, and was fined $50,000 in connection with an injury to a worker.

Justice of the Peace Najib Tahiri heard that on January 25, 2007, a company employee was cleaning a machine with an exposed auger rotating. The worker's arm became trapped in the auger, resulting in hand and wrist
injuries.

Operation of the machine while the auger was rotating was contrary to section 75 of Ontario Regulation 851. W.T. Lynch Foods Limited pleaded guilty to failing, as an employer, to ensure that the measures and procedures of the
regulation were carried out, 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, 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 - Kitchener building supply company fined $45,000 after worker electrocuted

GUELPH, ON, Sept. 8 /CNW/ - A Kitchener building supply company was fined $45,000 in the Ontario Court of Justice, September 2, 2008, after pleading guilty in connection with an incident in which a worker received an 8,000 volt electrical shock.

Justice of the Peace Robert Gay heard that on August 27, 2007, two employees of Rockway Building Supplies were delivering bundles of roof shingles to a residential roofing project at 69 Balmoral Dr., Guelph. At one point, a worker standing on the ground beside the flatbed truck used to haul the shingles touched the truck, received an electrical shock and was thrown onto the ground almost a metre away. Looking up, the worker saw that a
conveyor used to move the shingles off the truck had made contact with an overhead electrical wire.

The Occupational Health and Safety Act's Regulation for Construction Projects, section 188 (2), states that no object shall be brought closer than three metres to an energized overhead electrical conductor with a voltage
rating between 750 and 150,000. Guelph Hydro estimated the line that the conveyor touched was rated at 8,000 volts.

0865356 Ontario Inc., operating as Rockway building Supplies, pleaded guilty to failing, as an employer, to ensure that the measures and procedures in the Regulation were carried out, 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, 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 - Orangeville maintenance company fined $115,000 after worker killed

GUELPH, ON, Aug. 29 /CNW/ - An Orangeville maintenance company, pleaded guilty and was fined $115,000 in connection with the death of a worker in Guelph on May 1, 2006.

Justice of the Peace Michael A. Cuthbertson heard the plea on August 27 in the Ontario Court of Justice in Guelph from 1337001 Ontario Limited, carrying on business as Jerrico Industrial Maintenance.

On April 30-May 1, 2006, at Linamar Holdings Inc.'s 148 Arrow Rd., Guelph, factory, Jerrico was contracted to provide maintenance workers to maintain industrial equipment. A Linamar 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 by a Jerrico worker. Another Jerrico 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.

Jerrico pleaded guilty to failing, as an employer, to take every precaution reasonable in the circumstances for the protection of a worker, specifically, ensuring there was communication concerning maintenance work or concerns relating to the crane between workers on the changing of the shift. This was contrary to section 25(2)(h) of the Occupational Health and Safety Act.

In addition to the $115,000 fine, 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.

Co-accused, Linamar Holdings Inc., carrying on business as Camtac Manufacturing, pleaded guilty July 30, 2008, 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. Linamar was fined $225,000.

U.S. Labor Department's OSHA fines Syracuse-area asbestos abatement contractor $57,000 for health hazards at Dewitt jobsite

SYRACUSE, N.Y. -- A Syracuse-area asbestos abatement contractor faces $57,000 in proposed fines from the U.S. Labor Department's Occupational Safety and Health Administration (OSHA) for exposing employees to asbestos-related health hazards during an asbestos removal project at the Agway Building in Dewitt, N.Y.

Aapex Environmental Services Inc. of Liverpool, N.Y., was cited for a total of six alleged willful and serious violations of occupational health standards following an OSHA inspection begun Nov. 13, 2006.

"Most employers today are well aware of the hazards posed by asbestos, yet this employer chose to bypass employee health and safety at this project by ignoring basic safeguards required by law," said Chris R. Adams, director of OSHA's Syracuse Area Office.

OSHA's inspection found that required monitoring of employees' exposure to asbestos was not conducted on several occasions even though monitoring records alleged that it had been done. This finding resulted in the issuance of one willful citation, with a proposed fine of $42,000. OSHA issues a willful violation when an employer commits a violation with plain indifference to or intentional disregard for employee safety and health.

The inspection also found that Aapex failed to collect short-term air sampling; keep accurate exposure monitoring records; notify employees of sampling results; train employees to properly establish an asbestos containment system; and prevent asbestos contaminated water from leaking from an enclosed work area. These conditions resulted in the issuance of five serious citations, carrying $15,000 in proposed fines. OSHA issues a serious violation when death or serious physical harm is likely to result from a hazard about which the employer knew or should have known.

Adams explained that continued exposure to asbestos can eventually result in serious diseases of the lungs and other organs. Detailed information on asbestos hazards, regulations and safeguards is available on OSHA's Web site at www.osha.gov/SLTC/asbestos/index.html.

Aapex Environmental Services Inc. has 15 business days from receipt of the citations to request and participate in an informal conference with OSHA or to contest them before the independent Occupational Safety and Health Review Commission. The inspection was conducted by OSHA's Syracuse Area Office, 3300 Vickery Road, North Syracuse; telephone (315) 451-0808.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to assure the safety and health of America's working men and women by setting and enforcing standards; providing training, outreach and education; establishing partnerships; and encouraging continual improvement in workplace safety and health. For more information, visit OSHA's Web site at www.osha.gov.

U.S. Labor Department's OSHA Fines Erie County Manufacturer Following Hydrochloric Acid Spill

BUFFALO, N.Y. -- A North Collins, N.Y., manufacturer of consumer cleaning products faces a total of $272,900 in proposed fines from the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) for a variety of alleged health and safety hazards following a Sept. 7, 2006, hydrochloric acid spill. Crescent Marketing Inc., doing business as Crescent Manufacturing, was cited for a total of 39 alleged violations of health and safety standards and for failing to correct a hazard cited in a previous OSHA inspection.

"Our inspections found serious deficiencies in the company's emergency response program, including an incomplete emergency response plan, untrained responders, lack of respirator procedures and absence of medical consultations for employees who showed signs of possible exposure to hazardous substances," said Art Dube, OSHA's area director in Buffalo. "In addition, we identified a range of other hazards at the plant including conditions that had been cited in earlier OSHA inspections."

The company was issued three willful citations, carrying $148,500 in proposed fines, for failing to provide medical evaluations, fit-testing and training to employees on respirator use. OSHA defines a willful violation as one committed with an intentional disregard of, or plain indifference to, requirements of the Occupational Safety and Health Act. Seven repeat citations, with $40,400 in proposed fines, were issued for lack of hand protection, eyewash facilities and hazard communication training for employees working with hazardous substances; lack of hazardous energy control procedures and training; and electrical hazards. OSHA cited Crescent Manufacturing for similar hazards in 2004 and 2006.

Forty-one serious violations, with $58,000 in proposed fines, were issued for the emergency response deficiencies as well as for hazards involving blocked aisles, obstructed exit access, unsecured materials and equipment, powered industrial trucks, machine guarding, compressed gas storage and additional electrical hazards. A serious citation is issued when death or serious physical harm is likely to result from a hazard about which the employer knew or should have known.

The company was fined an additional $24,000 for failing to correct a specific hazard cited in a previous OSHA inspection. Although it had agreed, following a 2006 OSHA inspection, to provide quick drenching shower facilities in the facility's "clean room," these were not provided.

One other than serious citation, with a $2,000 proposed fine, was issued for incomplete recording of work-related injuries and illnesses.

The company has 15 business days from receipt of the citations to request and participate in an informal conference with OSHA's area director in Buffalo or to contest them before the independent Occupational Safety and Health Review Commission. The investigation was conducted by OSHA's Buffalo Area Office, telephone (716) 551-3053.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to assure the safety and health of America's working men and women by setting and enforcing standards; providing training, outreach and education; establishing partnerships; and encouraging continual process improvement in workplace safety and health. For more information, visit www.osha.gov.

Ministry of Labour
Court Bulletin - Sobeys fined $85,000 after worker injured

KITCHENER, ON, Sept. 24 /CNW/ - Sobeys Capital Incorporated, the retail grocer, pleaded guilty and was fined $85,000 in the Ontario Court of Justice, September 16, 2008, in connection with an injury to a worker, January 19,
2007.

Justice of the Peace Robert Gay heard that a produce manager, trying to retrieve a small produce rack stored on a mezzanine at the chain's Cambridge store at 75 Dundas St., fell from a ladder and suffered hip and leg fractures
and a separated shoulder. A Ministry of Labour investigation found that the employer had contravened section 45 (c) of Ontario Regulation 851 that requires material, articles or things to be removed from a storage area, pile
or rack, in a manner that will not endanger the safety of any worker. 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
Court Bulletin - Ford fined $100,000 after worker injured

WINDSOR, ON, Sept. 23 /CNW/ - Ford Motor Company of Canada Limited pleaded guilty and was fined $100,000 in the Ontario Court of Justice, September 23, 2008, in connection with a worker injury, May 13, 2006. Justice of the Peace Robert Ponton heard that a worker suffered burns while operating a skid steer loader in the melting department of Ford's Windsor Casting Plant, 2900 Trenton St., Windsor. The work involved moving foundry debris after it had fallen from a cupola into a hopper. However, a Ministry of Labour investigation found that steps were not taken to assess the temperature of the material before it was moved. At some point while the worker was backing out of the area with a load in the bucket, a fire erupted and spread to the loader's cab, seriously burning the worker. The investigation also found that workers were not instructed on how to safely complete a bottom drop at the cupola.

Ford pleaded guilty to failing to take the reasonable precaution of implementing a mandatory cooling period or other procedure to assess the temperature of the material before it was removed from a bottom drop cupola to
protect the health or safety of workers, contrary to section 25(2)(h) 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.

 
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