NEWMARKET, Ont. – Jason B. Theunissen, a sole proprietor who operates a stone mason and concrete business in the Greater Toronto Area from his home in Richmond Hill, was fined $3,000 on December 21, 2010, for violating the Employment Standards Act (ESA) by failing to comply with an Order to Pay wages owed to an employee.

The Ministry of Labour investigated a claim for wages owing to the employee and concluded that regular wages and vacation pay had not been paid in accordance with the ESA. An Order to Pay for $1,921.92 was issued on August 16, 2007, to the employer, Mr. Theunissen. The Order to Pay remained unpaid as of December 21, 2010.

The defendant pleaded guilty under the ESA to failing to comply with an order issued by an employment standards officer.

The fine was imposed by Justice of the Peace Karen Walker. In addition to the fine, the court imposed a 25-per-cent victim fine surcharge on the total, as required by the Provincial Offences Act. The surcharge is credited to a special provincial government fund to assist victims of crime

Belleville, ON. -Imasar Engineering Inc., a Concord-based company offering consulting engineering services in workplace safety, was fined $80,000 on December 20, 2010, for a violation of the Occupational Health and Safety Act after a worker was injured.

On December 12, 2008, an Imasar consultant was conducting a pre-start health and safety review of a tile backing line at the InterfaceFlor Canada Inc. carpet manufacturing plant at 233 Lahr Drive in Belleville. The tile backing line was in full operation as the consultant began to point out an in-running nip hazard between two rollers. The consultant’s arm was caught between the rollers and severely injured.

A Ministry of Labour investigation found that Imasar failed to take the reasonable precaution of providing clear instructions and procedures for a worker to follow when inspecting unguarded moving parts of equipment.

Imasar Engineering Inc. pleaded guilty to failing, as an employer, to take every precaution reasonable in the circumstances for the protection of a worker.

The fine was imposed by Justice Patrick A.Sheppard. 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.

Bracebridge, ON. – Lauri Romanko, a supervisor at the Lake of Bays Township’s public works garage, was fined $15,000 on December 14, 2010, for a violation of the Occupational Health and Safety Act that caused a worker’s death.

On March 19, 2008, Mr. Romanko and a worker were backing a snow plough toward the garage. Mr. Romanko was driving the plough while the worker was signaling from inside the garage. While in the intended path of the plough, the worker disappeared from Mr. Romanko’s view. Mr. Romanko then fatally struck the worker.

Lauri Romanko was found guilty of failing, as a supervisor, to ensure that the worker stayed clear of the intended path of travel of the plough and in full view of its driver.

In addition to the fine, the court made a probation order, which requires Mr. Romanko to perform 120 hours of community service and to be retrained before operating similar equipment again.

The penalty was imposed by Justice of the Peace Anne-Marie Puusaari. 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.

Toronto, ON. – Cadbury Adams Canada Inc., a candy manufacturer, was fined $55,000 on December 16, 2010, for a violation of the Occupational Health and Safety Act that caused a worker to be injured.

On September 12, 2009, a worker at the company’s Toronto manufacturing plant was operating a machine that presses hot candy through rollers to flatten it into a long ribbon. While attempting to clear a jam in the machine, the worker’s hand was pulled into the rollers and injured.

A Ministry of Labour investigation found that there was no guard on the machine to prevent the worker’s hand from getting caught in the rollers.

Cadbury Adams Canada Inc. pleaded guilty to failing to ensure that the machine was guarded to prevent a worker from accessing its pinch point.

The fine was imposed by Justice of the Peace Mary Anne Ross Hendriks. 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.