Court Bulletin - Concord company fined $120,000 after worker injured

    NEWMARKET, ON, June 13 /CNW/ - A Concord, Ontario, company has been fined
$120,000 in the Ontario Court of Justice in connection with an injury to a
dump truck driver.
    Justice of the Peace F. M. Camposano sentenced Con-Strada Construction
Inc., on June 4, 2008, following a trial and conviction, October 31, 2007, on
three violations of the Occupational Health and Safety Act.
    Court heard that on February 5, 2003, a dump truck driver employed by
Con-Strada lost an arm and suffered abdominal burns when the worker's arm
became caught in the rotating auger of a salt spreader on the back of a dump
truck. The worker had returned to the workplace yard to dump a large quantity
of salt from the dump truck at shift's end. The worker shovelled the salt
while the auger was running. The worker became caught in the machinery.

    Con-Strada Construction Inc was found guilty, as an employer, of:

    -  failing to ensure the auger was cleaned only when motion that
       endangered the worker was stopped, as prescribed by section 75 of
       Ontario Regulation 851. This was contrary to section 25(1)(c) of the
       Occupational Health and Safety Act;
    -  failing to provide information, instruction and supervision to protect
       the health or safety of the worker in the cleaning of the auger,
       contrary to section 25(2)(a) of the Occupational Health and Safety
       Act; and
    -  failing to ensure the auger was guarded by a guard or other devices
       that prevented access to the moving part, as prescribed by section 24
       of Ontario Regulation 851. This was contrary to section 25(1)(c) 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
                             465 Davis Dr., Ctrm T1
                             Newmarket, Ontario

             Judge:          Justice of the Peace F.M. Camposano

             Date:           June 4, 2008, 9 a.m.

             Defendants:     Con-Strada Construction Inc.

             Matter:         Occupational Health and Safety Act

             Crown Counsel:  Joe Ferraro


    Disponible en français


For further information:

For further information: Bruce Skeaff, Ministry of Labour, (416)

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