Court Bulletin - City of Kingston fined $60,000 after workers exposed to asbestos



    KINGSTON, ON, Oct. 3 /CNW/ - The City of Kingston pleaded guilty and was
fined $60,000 in the Ontario Court of Justice on October 2, 2008, after
construction workers were exposed to asbestos during renovation of the city's
public utilities building.
    Justice of the Peace Lorraine Watson heard that, in May 2007, the city
hired David J. Cupido Construction Ltd. to complete renovations on the
building at 1211 John Counter Blvd. The city informed this contractor that in
2003 there had been some asbestos testing in the building. The tests showed
negative results. However, not all surfaces had been tested, and nothing had
been tested since.
    When renovations began, a worker noticed asbestos-like material, but it
was not tested until three weeks later. On June 13, 2007, tests revealed
chrysotile asbestos in the building and the project was shut down. Three out
of 24 samples of building material tested positive for 1-5% chrysotile
asbestos. Workers had been on the job for three weeks and their personal
protective equipment would not have met safety requirements for asbestos, the
court heard.
    By failing to determine the presence of asbestos in the building and/or
to advise prospective constructors before requesting tenders for a project in
the building, the City of Kingston violated section 10 of Ontario Regulation
278 and section 30 of the Occupational Health and Safety Act.
    In addition, 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.

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

    Location:          Ontario Court of Justice, Courtroom 3
                       279 Wellington St.
                       Kingston, ON

    Judge:             Justice of the Peace Lorraine Watson

    Date:              October 2, 2008

    Defendant:         City of Kingston

    Matter:            Occupational Health and Safety Act

    Crown Counsel:     Melanie Shulman
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    Disponible en français

                             www.labour.gov.on.ca
    





For further information:

For further information: Media Contact: Bruce Skeaff, Ministry of
Labour, (416) 326-7405

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