Ministry of Labour
On June 3, 2011, a truck driver arrived at Furmar Dixie Road to pick up six tons of asphalt. The driver asked about the pickup procedure at the main office and was told to drive under a silo and a horn would indicate when to load up. The driver stopped the truck after hearing the horn, believing that the truck was correctly lined up to receive the asphalt. There were no signals to indicate that the truck was in the wrong position, and the asphalt began releasing onto the cab of the truck, caving it in. The driver yelled for help, was pulled from the truck and suffered severe injuries.
1648133 Ontario Ltd. plead guilty to failing to ensure that the silo was guarded or shielded to prevent its asphalt from endangering a worker. The company also plead guilty to failing to provide the driver with adequate information, instruction and supervision regarding the asphalt loading process. It was fined $75,000 for each offence.
When Ministry of Labour personnel went to investigate the incident they tested the system of photo sensors intended to prevent the release of asphalt if a truck was not lined up correctly. The testing, done in the control tower, showed the sensors for one of the silos were not working. Mr. Martin, who was in the control tower with the ministry personnel, left the room, returned and asked that they test the silo again. This time it worked. When questioned, Mr. Martin told the inspector for the first time that there was a control box that would allow the sensors to be bypassed. He had turned off the sensor bypass to the silo without the inspector's knowledge or permission.
Colin Martin plead guilty to altering the scene without the inspector's permission to do so.
The fines were imposed by Justice of the Peace Michael Barnes. In addition to the fines, 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.
Court Information at a Glance
Location: Ontario Court of Justice
5 Ray Lawson Blvd.
Judge: Justice of the Peace Michael Barnes
Date of Sentencing: November 13, 2012
Defendants: 1648133 Ontario Ltd.
Matter: Occupational Health and Safety
Convictions: Ontario Regulation 851, Section 26
Occupational Health and Safety Act, Section 25(2)(a)
Occupational Health and Safety Act, Section 51(2)
Crown Counsel: Catherine Glaister