Friday, May 10, 2013

St. Marys Cement, Supervisor Fined $78,000 After Worker Injured

Court Bulletin

St. Marys Cement, Supervisor Fined $78,000 After Worker Injured

Ministry of Labour

WHITBY, ON - St. Marys Cement Inc. of Toronto has been fined $75,000 and a supervisor was fined $3,000 for violations of the Occupational Health and Safety Act after a worker was injured.

On January 29, 2012, workers were clearing mud and rock from the vanes of a large rotary sluice at the St. Marys Cement plant located at 400 Waverly Road South in Bowmanville.

Although the electrical supply had been turned off, a brake on the sluice was not able to hold the vanes in place for cleaning. An inspection determined that the brake drum was cracked. A steel bar was inserted to prevent the vanes from rotating. When the bar came into contact with one of the vanes, the force of the rotation caused the bar's handle to suddenly fly upward. It struck one of the workers on the face, causing a concussion and facial fractures. A Ministry of Labour investigation followed the incident.

St. Marys Cement pleaded guilty to failing, as an employer, to ensure that gravity-stored energy was dissipated or contained while work was being done on the sluice, and was fined $75,000.

Edward Maybee pleaded guilty to failing, as a supervisor, to ensure that workers worked in the manner and with the protective devices, measures and procedures required by the Occupational Health and Safety Act and Regulations, and was fined $3,000.

The fines were imposed by Justice of the Peace Robert G. Boychyn. 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:                    Provincial Offences Court
                                      605 Rossland Road
                                      Courtroom #103
                                      Whitby, ON
Judge:                         Justice of the Peace Robert G. Boychyn

Date of Sentencing:    May 1, 2013

Defendant:                    St. Marys Cement (employer)
                                         Edward Maybee (supervisor)

Matter:                         Occupational Health and Safety

Conviction:                  Ontario Regulation 854/90
                                    Section 185(7)(b)
                                    Occupational Health & Safety Act
                                    Section 25(1)(c) and Section 27(1)(a)
Crown Counsel:            Dan Kleiman

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