Concord company fined $180,000 in death of worker

    NEWMARKET, ON, Feb. 5 /CNW/ - Elderston Manor Estates Inc., of
8700 Dufferin St., Concord, Ont., pleaded guilty and was fined $180,000 in the
Ontario Court of Justice following the death of a worker at a residential
housing project in Vaughan.
    Judge V. Lampkin heard that on August 3, 2006, a delivery truck driver
employed by Mansteel Inc. drove a flatbed truck onto the construction site,
delivering a load of steel bearing plates and shims. The 100 bearing plates,
each weighing about 8 kilograms (17 lb.), were in a steel barrel on the truck.
Elderston's construction site supervisor instructed a worker to unload the
barrel. That worker used a forklift and tried to drive its lifting forks under
the barrel while the truck driver tried to help manoeuvre it onto the forks.
But the barrel, not secured to the forklift in any way, fell over onto the
ground on top of the truck driver.
    A Ministry of Labour investigation determined that the method used to
unload the barrel was hazardous and created an unstable load on the forklift.
The investigation's conclusions stated that a barrel is not suitable for
handling by a forklift because it is not equipped with appropriate mechanisms
for handling, such as lifting slots or pallet slots.
    As constructor on the project, Elderston had overall responsibility for
the safety of all workers on the site, including the truck driver. Elderston
pleaded guilty to failing to ensure that steel bearing plates (which had been
inside the barrel) were moved in a manner that did not endanger a worker, as
required by section 37(1) of Ontario Regulation 213/91, an offence under
section 23(1)(a) of the Occupational Health and Safety Act.
    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.


                Court Information at a Glance

    Location:       Ontario Court of Justice,
                    Room 100
                    50 Eagle St. W., Newmarket, Ontario

    Judge:          Judge V. Lampkin

    Date:           February 5, 2008

    Defendants:     Elderston Manor Estates Inc.

    Matter:         Occupational Health and Safety Act


    Disponible en français


For further information:

For further information: Bruce Skeaff, Ministry of Labour, (416)
326-7405; Grainne McGrath, Crown Counsel, Legal Services Branch, Ministry of
Labour, (613) 727-2850

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