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

Court Bulletin

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

May 8, 2013 11:46 a.m.

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

Employer and Supervisor fined after Co-op Student Injured

News Release

CRS Specialties Inc. and Supervisor Fined $59,000 After Co-op Student Injured

April 9, 2013 4:20 pm  Ministry of Labour

St. Catharines, ON - CRS Specialties Inc., a Welland manufacturer of rebar bending equipment, was fined $55,000 for a violation of the Occupational Health and Safety Act after a student, working there as a co-operative education placement, was injured. A further fine of $4,000 was imposed on a supervisor for a similar violation of the act during the investigation of the incident.

On March 23, 2011, at the company's Welland workplace, the student was taking apart a fan and washing it in a Varsol bath. When finished, the student was told to start a welding task. When beginning the task, the young worker was wearing a polyester-blend sweatshirt over overalls. Polyester materials are susceptible to ignition and should not be worn while welding. The student was not supplied with a welding jacket, welding sleeves, neck shroud or flame-retardant clothing. The supervisor did not intervene to make sure the student removed the sweatshirt and had sufficient apparel to prevent injury.

While the student was welding, the sweatshirt ignited and caught fire. The student suffered second degree burns.

Later, on March 28, 2011, while the Ministry of Labour was investigating that incident, an inspector saw another worker in the same workplace not wearing apparel sufficient to prevent injury while welding. The worker was wearing a polyester-blend sweatshirt and only one welding sleeve.

CRS Specialties Inc. pleaded guilty to failing to ensure that a competent person was appointed as supervisor.

Supervisor Chad Corriveau pleaded guilty to failing to ensure that a worker was wearing apparel sufficient to protect the worker from injury while welding.


The fines were imposed by Justice of the Peace B. Phillips. 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.


Court Information at a Glance

Location:                      Ontario Court of Justice
                                      71 King St.
                                      St. Catharines, ON

Judge:                          Justice of the Peace B. Phillips

Date of Sentencing:     April 4, 2013

Defendant:                   CRS Specialties Inc.

Matter:                         Occupational Health and Safety

Conviction:                  Ontario Regulation 851, Section 84
                                      Occupational Health and Safety Act,
                                      Section 25(2)(c), Section 27(1)(a)

Crown Counsel:           Daniel Kleiman

1648133 Ontario Ltd. and Employee Fined $156,000 After Worker Injured

November 15, 2012 2:30 pm    Ministry of Labour

 

Brampton, ON - 1648133 Ontario Ltd., operator of Furmar Dixie Road, a Mississauga facility that produces asphalt, was fined $150,000 for violations of the Occupational Health and Safety Act after a worker was injured. An employee of the company, Colin Martin, was fined $6,000 in relation to the same incident.

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.
                                    Brampton, ON

Judge:                         Justice of the Peace Michael Barnes

Date of Sentencing:     November 13, 2012

Defendants:                 1648133 Ontario Ltd.
                                    Colin Martin

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

Bermingham Construction Ltd. and Supervisor Fined $69,000 After Worker Injured

October 11, 2012

Hamilton, ON - Bermingham Construction Ltd., a Hamilton construction company, was fined $65,000 for a violation of the Occupational Health and Safety Act after a worker was injured. A supervisor at the company was fined $4,000 in relation to the same incident.

On January 7, 2010, at the company's Hamilton facility, a worker was refueling a mobile crane. The worker had climbed onto the crane and opened the lid of its fuel tank when the lid fell on the worker's hand. The worker was injured falling from the crane.

Bermingham Construction Ltd. was convicted, as an employer, of failing to take the reasonable precaution of ensuring that the fuel tank lid was secured during fuelling. The supervisor was convicted of failing to take the same precaution.

The fines were imposed by Justice of the Peace Vincent Formosi. 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
                                    45 Main St. E.
                                    Hamilton, ON

Judge:                         Justice of the Peace Vincent Formosi

Date of Sentencing:    October 4, 2012

Defendants:                 Bermingham Construction Ltd. and Supervisor

Matter:                         Occupational Health and Safety

Convictions:                 Occupational Health and Safety Act, Section 25(2)(h)
                                    Occupational Health and Safety Act, Section 27(2)(c)

Crown Counsel:           Alicia Gordon-Fagan

Waterloo North Hydro Inc. Fined $110,000 After Worker Injured

July 18, 2012 11:00 AM

Waterloo, ON - Waterloo North Hydro Inc., an electricity distributor for Waterloo and the surrounding area, was fined $110,000 for a violation of the Occupational Health and Safety Act after a worker was injured.

On October 12, 2010, a mall was under construction in Waterloo. Workers from Waterloo North Hydro Inc. had installed transformers on site and were attempting to send power from a transformer in one location to a transformer in another location. As power was sent to the second transformer, a worker for an electrical contractor was in the area routing a metal tape through a duct. The tape came into contact with a newly energized electrical conductor and caused an arc flash. The worker was badly burned.

A Ministry of Labour investigation found that an adequate job plan for energizing the transformers had not been documented. A job plan would have identified all known hazards and implemented controls for each hazard to protect workers from injury.
Waterloo North Hydro Inc. pleaded guilty to failing to establish and implement an adequate job plan prior to installing and energizing the transformers.

The fine was imposed by Justice of the Peace Ruth Legate Exon. 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.


Court Information at a Glance
Location:                    Ontario Court of Justice
                                    77 Queen St. N
                                    Kitchener, ON
Judge:                         Justice of the Peace Ruth Legate Exon
Date of Sentencing:    July 16, 2012
Defendant:                  Waterloo North Hydro Inc.
Matter:                        Occupational Health and Safety
Conviction:                 Ontario Regulation 213/91, Section 181(1)
                                   Occupational Health and Safety Act, Section 23(1)(a)
Crown Counsel:          Kikee Malik

Company Director Fined $90,000 Under OHSA After Workers Killed

  

July 13, 2012 11:20 AM

Toronto, ON - Joel Swartz, the director of Metron Construction Corporation, a Toronto constructor, was fined $90,000 after pleading guilty to violations of the Occupational Health and Safety Act after four workers were killed and another worker was seriously injured.

On December 24, 2009, six workers were on a suspended work platform, also known as a swing stage, at a construction project on Kipling Ave. in Toronto. The swing stage collapsed and fell 13 floors, killing four of the workers and seriously injuring another worker. The only worker properly attached to fall protection was held by the lifeline and pulled to safety.

A Ministry of Labour investigation found that the deceased workers had not been properly tied off to a lifeline, and had not been properly trained in the use of fall protection. The swing stage had been overloaded and it was later determined to be defective and hazardous.
Joel Swartz pleaded guilty under the Occupational Health and Safety Act to failing, as adirector, to take all reasonable care to ensure that:

• workers did not use a defective or hazardous swing stage
• the swing stage was not loaded in excess of the weight it was meant to bear
• workers were adequately trained in the use of fall protection by a competent person
• Metron Construction Corporation prepared and maintained written training and instruction records for each worker

Metron Construction Corporation was convicted of criminal negligence causing death and was fined $200,000 in relation to the same incident. Metron's conviction was pursuant to amendments to the Criminal Code of Canada relating to workplace safety which have been in force since 2004.  The criminal charges were laid by the police.

The fines were imposed by Judge Bigelow of the Ontario Court of Justice. In addition to the OHSA 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.

Other defendants facing charges stemming from this incident are still before the court.

Court Information at a Glance
Location:                     Ontario Court of Justice
                                    Old City Hall
                                    60 Queen Street West
                                    Toronto, ON
Judge:                         Judge Bigelow                                   
Date of Sentencing:   July 13, 2012
Defendants:                 Joel Swartz
                                    Metron Construction Corporation
Matter:                        Occupational Health and Safety
Conviction:                 Ontario Regulation 213/91, Section 26.2(1)
                                   Ontario Regulation 213/91, Section 26.2(3)
                                   Ontario Regulation 213/91, Section 93(2)(a)
                                   Ontario Regulation 213/91, Section 134(3)
Crown Counsel:         Tom Schneider

Village of Point Edward Fined $75,000 After Worker Killed

Court Bulletin


12-16 For Immediate Release
March 6, 2012


Sarnia, ON – The Corporation of the Village of Point Edward was fined $75,000 today for a violation of the Occupational Health and Safety Act after a worker was killed.

On January 30, 2010, members of the village’s paid volunteer fire department were participating in ice water rescue training. After doing swimming and floating exercises, the workers were instructed to swim out to a moving sheet of ice, climb it, and ride it down the lake. Some of them could not climb the ice floe and attempted to swim back to shore. One worker, unable to climb onto shore, was pushed by the ice floe under its surface. The worker was trapped under the ice floe for about four minutes. The worker was removed but died due to being trapped in the cold water.

A Ministry of Labour investigation determined that although there was rescue equipment in one of the fire trucks parked on shore during the exercise, there was no equipment readily available to pull the worker onto shore.

The Corporation of the Village of Point Edward pleaded guilty as an employer to failing to take the reasonable precaution of ensuring that adequate rescue equipment was available for the ice water rescue training exercise.

A related charge against an individual is still before the courts and is scheduled for a trial in May.
The fine was imposed by Justice Deborah Austin. 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.


www.hrnc.ca

Occupational Health and Safety: Your Thoughts?

                The Ontario government seems to release changes to the Occupational Health and Safety Act more often than even the most astute followers of this legislation can keep up with and certainly faster than most business owners can or even care to keep up on. I sometimes wonder if these changes are a) necessary b) valuable and c) followed. What I’ve gathered is that most small business owners give only a fleeting thought to the Health and Safety laws in Canada and it’s not because they don’t care about the objectives set forth in the legislation or the safety and welfare of their employees. In fact in most cases I’ve seen the opposite; most employers are good, morale people who would hate to see anyone seriously injured or in the worst case scenario die on the job but really just don’t see the need for the in depth policy and procedure stipulations set forth in the OHSA. There are many reasons these laws aren’t followed to the letter. A couple common reasons are that, “I’ve never had a serious injury before and if one ever does occur I’ll deal with it then” OR, “my salespeople/office workers aren’t in danger and imposing these laws and rules are time consuming and costly, besides MOL inspectors are rarely around and I’ve told everyone here to work safely”. My questions are - how seriously do you take the OHSA? Do you feel it actually protects workers from injury? Is it an easy enough to implement in your workplace? Do you think the government provides enough resources for you to follow the OHSA or do you think outside help from H&S specialists or HR professionals would be beneficial?

Return to Work, What is it?

                For business owners and HR professional’s alike returning injured workers to the workforce is never an easy process to navigate. Do it right and your happy, healthy employee is able to return to his former position and doesn’t cost you an arm and a leg, do it wrong and it can be a frustrating process that could cost you thousands or if you’re really unlucky see you answer the phone to hear the WSIB, the MOL or the Canadian Human Rights Commission because a disgruntled employee filed a complaint. There are several things you can do that will help prevent any issues when you initiate and follow through with a return to work program. One thing to keep in mind during this process is to maintain contact with the employee in question. A simple call to see how they're doing every week or two should be enough to monitor their progress and get an idea of when they will be ready for work again. Another important step is to have a doctor or possibly another medical professional, say a physiotherapist, to fill in a “functional abilities form” which will outline what the employee is capable of doing, what limitations exist and will give you an idea of how to best accommodate this employee. It is important to remember that just because an employee can’t do the exact job in the exact same way as before they were injured doesn’t mean they aren’t capable of working. This may be the most difficult or misunderstood aspect of a return to work program. The “duty to accommodate” is a key part of any return to work program and is required by ALL employers. This can sometimes bring about a degree of hardship in your workplace that may not have existed before the injury occurred but finding a proper fit for an injured employee is one of the most important responsibilities of employers and is key to avoiding legal hardships. Finally as with all employee issues, remember your due diligence; record what’s happened and what your next steps will be, keep employees informed and follow the proper process. For more information or to talk to an expert visit HRNC.

www.hrnc.ca-Company and Supervisor Fined $171,000 Total After Worker Injured

Company and Supervisor Fined $171,000 Total After Worker Injured

November 22, 2011

Windsor, ON - ThyssenKrupp Industrial Services Canada Inc., carrying on business as ThyssenKrupp Hearn Division, a provider of warehousing, packaging and transportation services, was fined $160,000 for a violation of the Occupational Health and Safety Act after a worker was injured. Don Hearn Jr., a supervisor, was fined $11,000 in relation to the same incident. On February 25, 2009, a worker was doing electrical upgrades at the company's warehouse on Sprucewood Ave. in Windsor. As the worker was removing conductors from an electrical panel, a bare conductor touched the side of the electrical panel, causing an arc flash. The worker sustained serious electrical burns.
A Ministry of Labour investigation found that the electrical panel was not disconnected from the power source, locked out or tagged before the work started.
ThyssenKrupp Industrial Services Canada Inc., carrying on business as ThyssenKrupp Hearn Division, was found guilty of failing to ensure that the electrical panel was disconnected, locked out and tagged prior to work being done on it. Don Hearn Jr. was found guilty of the same.
The fines were imposed by Justice of the Peace Robert Gay. 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.