Injury to Young Worker Results in $100,000 Fine to Company
BARRIE, ON - A Calgary-based company pleaded guilty and has been fined $100,000 after a young worker suffered permanent injuries.
The company, Tervita Corporation, was the constructor of a City of Barrie project to reclaim landfill at a site located at 272 Ferndale Drive North in Barrie.
On March 5, 2015, a young worker (a person under the age of 25) employed by Tervita was operating a city-supplied trommel machine in the landfill. The machine is used to screen and separate material.
The worker was using a tool known as a "pick" to clear the trommel when it filled up with material being screened. While performing this task, the worker was pulled into an exposed pinch point on the machine created by the drive wheels.
The worker was able to get free but suffered injury that required medical attention.
Section 109 of Ontario Regulation 213/91 - the Construction Projects Regulation - states that every gear, pulley, belt, chain, shaft, flywheel, saw and other mechanically-operated part of a machine to which a worker has access shall be guarded or fenced so that it will not endanger a worker. This was also a violation of the Occupational Health and Safety Act.
The company pleaded guilty and was fined $100,000 by Justice of the Peace Cheryl B. McLean in provincial court in Barrie on November 1, 2016.
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.
New and young workers in Ontario are more likely than older and more experienced workers to be injured on the job, especially during their first three months on the job.
Court Information at a Glance
Ontario Court of Justice/Provincial Offences Court
45 Cedar Pointe Drive
Justice of the Peace Cheryl B. McLean
Date of Sentencing:
November 1, 2016
140 10th Avenue SE, Suite #500
Occupational health and safety
Occupational Health and Safety Act
Regulation 213/91 (Construction Projects Regulation)
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