Court Bulletin - David J. Cupido Construction Limited fined $52,000 for failing to protect workers from asbestos



    KINGSTON, ON, April 21 /CNW/ - David J. Cupido Construction Limited, a
Kingston company, was fined $52,000 on April 16, 2009, for a violation under
the Occupational Health and Safety Act (OHSA), after workers were exposed to
asbestos.
    On May 22, 2007, workers started construction in a building at 1211 John
Counter Boulevard in Kingston when material was discovered that contained
asbestos.
    A Ministry of Labour investigation found that workers were exposed to
asbestos and that David J. Cupido Construction Limited failed to take the
reasonable precaution of checking for the presence of asbestos in the building
before starting work at the site. Under the OHSA, employers must ensure no
work is done that may disturb material that may contain asbestos.
    David J. Cupido Construction Limited pleaded guilty under the OHSA for
failing to take every precaution reasonable in the circumstances for the
protection of workers, in this case, failing to check to determine the
presence of asbestos before commencing work.
    The fine was imposed by Justice of the Peace R. Sculthorpe. In addition
to the fine, the court also 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.

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

    Location:             Ontario Court of Justice
                          79 Wellington Street,
                          Kingston, Ontario

    Judge:                Justice of the Peace R. Sculthorpe

    Date of Conviction:   April 16, 2009

    Defendants:           David J. Cupido Construction Limited

    Matter:               Occupational Health and Safety

    Conviction(s):        OHSA section 25(2)(H)
                    (http://www.e-laws.gov.on.ca/html/statutes/english/BK21)

    Crown Counsel:        Melanie Shulman

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For further information:

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

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