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115,000 Fine | Category: | Safety Editorials (World At Work) | | Published Date: | 01/09/2008 | |
CommentsOrangeville maintenance company fined $115,000 after worker killed
By: Canada NewsWire August 29, 2008
GUELPH, ON (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.
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