Court Bulletin - Brant Corrosion Control Inc. fined $60,000, two supervisors fined $5,000 each, after worker injured



    BRANTFORD, ON, Feb. 5 /CNW/ - Brant Corrosion Control Inc., a County of
Brant-based company that refurbishes steel tanks, was fined $60,000 on January
29, 2009 for violations under the Occupational Health and Safety Act (OHSA),
after a worker was injured. Two of its supervisors, Michael Partington and Roy
Arbogast, were fined $5,000 each for the same incident.
    On September 24, 2005, a worker at the company's Garnet Road facility, in
the County of Brant, was sandblasting the inside of a large tank with steel
shot. The worker fell about two metres to the bottom of the tank while working
from a platform made from single planks. The worker sustained serious leg
injuries.
    A Ministry of Labour investigation found that the platform was not
equipped with a guardrail, and that Brant Corrosion Control had not adequately
trained or supervised the worker to work safely at a height inside tanks.
    After trial, Brant Corrosion Control was found guilty under the OHSA of
failing, as an employer, to ensure that the open side of a platform was
equipped with a guardrail. The company was also found guilty under the act of
failing to provide information, instruction and supervision to a worker to
protect their health and safety while working at height inside tanks. The two
supervisors were convicted of failing to ensure that the platform used by the
injured worker was equipped with a guardrail.
    Justice L.P. Thibodeau fined Brantford Corrosion Control Inc. $10,000 for
the first offence and $50,000 for the second. The two supervisors were fined
$5,000 each for their convictions. In addition to the fines, the court imposed
25-per-cent victim fine surcharge on each fine amount, as required by the
Provincial Offences Act. The surcharge is credited to a special provincial
government fund to assist victims of crime.


    
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                        Court Information at a Glance
                        -----------------------------

    Location:    Ontario Court of Justice
                 44 Queen Street, Courtroom 2
                 Brantford, Ontario

    Judge:       Justice L.P. Thibodeau

    Date:        January 29, 2009

    Defendants:  Brantford Corrosion Control Inc., and supervisors
                 Michael Partington and Roy Arbogast

    Matter:      Occupational Health and Safety Act

    Convictions: Brant Corrosion Control Inc.;
                 -  Ontario Regulation 851/90, section 13(1)(b)
                    (http://www.e-laws.gov.on.ca/html/regs/english/BK8),
                    OHSA, Section 25(1)(c)
                    (http://www.e-laws.gov.on.ca/html/statutes/french/s25s1);
                 -  OHSA, section 25(2)(a)
                    (http://www.e-laws.gov.on.ca/html/statutes/english/BK21)

                 Michael Partington and Roy Arbogast;
                 -  Ontario Regulation 851/90, section 13(1)(b),
                    OHSA, Section 27(1)(a)
                    (http://www.e-laws.gov.on.ca/html/statutes/english/BK23)

    Crown
    Counsel:     Judy Chan
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    Disponible en français

                             www.labour.gov.on.ca
    





For further information:

For further information: Media contact: Rob Ashley, Ministry of Labour,
(416) 326-0925

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