Court Bulletin - Americana Resort Inc. fined $60,000 after two workers injured

    ST. CATHARINES, ON, Jan. 22 /CNW/ - Americana Resort Inc., the operator
of the Americana Conference Resort and Spa in Niagara Falls, Ontario, was
fined $60,000 on January 16, 2009, for a health and safety violation after two
workers were critically injured.
    On June 19, 2007, an Americana Resort employee and an employee of an
electrical and fire safety company were attempting to replace a fallen light
fixture in the ceiling of the resort's water park and swimming pool. They were
driving a boom lift work platform to reach the work location when one wheel of
the boom lift vehicle broke through a wooden cover on a sump reservoir beside
the pool. Both workers were anchored to the lift's basket which had been
extended to a height of 45 feet. It tipped over and one worker struck a
lifeguard chair and the other struck a pool ladder. Both sustained serious
    A Ministry of Labour investigation found that the Americana Resort
employee, who was operating the boom lift, was not trained in its operation.
Nor was the worker aware the cover of the sump pump was not capable of
supporting the weight of the machine. Americana Resort Inc. pleaded guilty to
failing, as an employer, to acquaint a worker of the hazard of driving a
boom-supported elevating work platform over the wooden covering of a sump
reservoir. This was contrary to section 25(2)(d) of the Occupational Health
and Safety Act.
    The fine was imposed by Justice of the Peace Bruce Phillips in the
Ontario Court of Justice, St. Catharines. 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
                             71 King Street,
                             St. Catharines, Ontario

            Judge:           Justice of the Peace Bruce Phillips

            Date:            January 16, 2009

            Defendants:      Americana Resort Inc.

            Matter:          Occupational Health and Safety

            Crown Counsel:   Dan Kleiman


    Disponible en français


For further information:

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

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