Brampton, ON – Metro Ontario Inc., a retail grocer, was fined $350,000 yesterday for a violation of the Occupational Health and Safety Act that caused a young worker’s death.

On August 7, 2009, at the company’s store on Erin Mills Parkway in Mississauga, a young worker was helping the assistant store manager clear materials from the top of a cooler beside the meat department. The meat department was covered by a drop ceiling made up of acoustic tiles. The drop ceiling was accessible from the top of the cooler but it was not meant to be weight-bearing.

While removing materials from the top of the cooler, the assistant store manager indicated that a box needed to be removed from on top of the drop ceiling. The young worker stepped onto the drop ceiling to remove the box and fell through. The young worker suffered a fatal head injury.

A Ministry of Labour investigation found that there was no guardrail separating the drop ceiling from the area above the cooler.

Metro Ontario Inc. pleaded guilty to failing to ensure that a guardrail was in place to prevent workers from accessing the drop ceiling.
The fine was imposed by Justice of the Peace Milagros Eustaquio-Syme. 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.

Owen Sound, ON – Aecon Construction Group Inc., was fined $225,000 on March 7, 2011, for a violation of the Occupational Health and Safety Act after an explosion that killed a homeowner.

During the summer and fall of 2008, Union Gas Ltd. started providing natural gas service to residential neighbourhoods outside of Owen Sound. Union Gas contracted Aecon to install the natural gas lines. One of the homes being serviced, on Front St. in East Linton, had a private propane service on the property. This included a storage tank and buried supply lines.

On September 25, 2008, Aecon arrived at the home to begin installation of the natural gas line. The propane line had not been marked and was still in service that morning. The natural gas line was installed using an underground plough. During the process, the blade of the plough severed the unmarked propane line. Propane leaked through the soil and foundation of the house into the basement. The next day, one of the homeowners entered the basement and lit a candle. The propane that had accumulated in the basement ignited, which caused an explosion and a fire. The homeowner was blown out of the house and suffered third-degree burns leading to death.

A Ministry of Labour investigation found that the Aecon supervisor was aware of the propane service, but assumed the propane line would not be in the path of the natural gas line. The homeowners had not been present to supervise the location and excavation of the existing service lines.

Aecon Construction Group Inc. pleaded guilty to failing to ensure the owner of the propane service was requested to locate and mark the service prior to the excavation.
The fine was imposed by Judge Gary F. Hearn. 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.

Kitchener, ON – Paul S. Pollock Enterprises Ltd., carrying on business as Canadian Tire Store #420, was fined $60,000 on March 7, 2011, for a violation of the Occupational Health and Safety Act that caused a worker to be injured.

On April 24, 2009, at the company’s Canadian Tire store in Kitchener, two workers were attempting to mount a boat onto a wall display. They were both standing on stepladders when one of the ladders tipped and the worker fell off. The worker suffered broken bones.

Paul S. Pollock Enterprises Ltd., carrying on business as Canadian Tire Store #420, pleaded guilty to failing to ensure that the boat was lifted, carried or moved in a way that did not endanger the safety of a worker.
The fine was imposed by Justice of the Peace Michael A. Cuthbertson. 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.

Ottawa, ON – 3M Canada Company was fined $55,000 for a violation of the Occupational Health and Safety Act after a worker was injured.

On September 24, 2009, a worker at 3M’s manufacturing facility in Perth was operating a production line. The worker was notified of a defect in the product coming out of the line. To fix the problem, the worker attempted to wipe a blade in the line. The blade was attached to a pair of rollers that guided the product through the line. The worker’s hand was drawn into the machine by these rollers. The worker suffered a hand injury.

A Ministry of Labour investigation found that the blade and rollers were not guarded.

3M Canada Company pleaded guilty to failing to ensure that the machine was guarded to prevent access to the pinch point.
The fine was imposed by Justice of the Peace Raymond J. Switzer. 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.

North Bay, ON – Vrancor Development Corporation, a Burlington construction company, was fined $65,000 for violations of the Occupational Health and Safety Act after a routine inspection. Sean Kehoe, a supervisor with the company, was fined $2,000 in relation to the same inspection.

On February 19, 2009, Vrancor was constructing a hotel and retail space on Champlain St. in North Bay. A Ministry of Labour inspector conducted a routine inspection of the project. The inspector noticed that the entranceways to and from the work area were obstructed and issued an order to keep the routes clear. When the inspector visited the site the next day, the entranceways were still not clear.

Vrancor Development Corporation was found guilty of failing, as a constructor, to keep the routes to and from the work area clear of obstructions and fined $40,000. Sean Kehoe was found guilty of failing, as a supervisor, to ensure the same and fined $2,000.

The company was also found guilty of failing to comply with an order or a requirement by an inspector and fined $25,000.

The fines were imposed by Justice of the Peace James Bubba. 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.

Barrie, ON – Restaurant directors Edward Chiu Ling Soo-Hoo and Edward Chi Chung Chan were fined $2,500 each for violating the Employment Standards Act by interfering with an Employment Standards officer who was inspecting records.

On August 14, 2008, an Employment Standards officer attended the Bamboo Terrace Tavern, in Collingwood, to conduct an audit of the restaurant’s payroll and employment records. The restaurant was required to provide a list of employees, time sheets and payroll records. On August 20, 2008, an employee advised the officer that the records provided by the company’s directors, Mr. Soo-Hoo and Mr. Chan, were false.

A Ministry of Labour investigation found another set of records in the restaurant and concluded that the first set of records provided to the officer was false. Specifically, the list of employees did not account for all workers, payroll records reported false wage rates and time sheets did not show actual hours worked or account for all employees.

Mr. Soo-Hoo and Mr. Chan both pleaded guilty to attempting to hinder, obstruct or interfere with an employment standards officer conducting an inspection of records.
The fines were imposed by Justice of the Peace Asad Malik. 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.