Court Bulletin
St. Marys Cement, Supervisor Fined $78,000 After Worker Injured
Ministry of Labour
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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