Court Bulletin - Etobicoke company fined $95,000 in death of worker

    TORONTO, Feb. 22 /CNW/ - Matthews Equipment Limited, operating as Hertz
Equipment Rental, of Etobicoke, a company that rents heavy equipment, pleaded
guilty and was fined $95,000 in the Ontario Court of Justice in connection
with the death of a worker in 2005.
    Justice of the Peace Mark Connacher heard that on November 8, 2005, a
Matthews equipment driver offered to assist two drivers from another company
who had driven their flatbed trucks onto the Matthews property at 35
Claireville Dr., Etobicoke. The Matthews worker was seen climbing into the
driver's seat of one of his company's crawler-dozers. But a short time later,
the machine was seen moving along at full throttle, hitting equipment on the
property as it went, with no one in the driver's seat. The worker's body was
found on the ground, marked with what appeared to be the vehicle's tracks.
    The court was told that the subsequent investigation concluded that the
worker had fallen to the ground in the path of the machine.
    Matthews Equipment Limited pleaded guilty to failing to provide to the
worker information, instruction and supervision on how to safely operate a
crawler-dozer, contrary to section 25(2)(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
                             1530 Markham Road, Scarborough, Ontario

              Judge:         Justice of the Peace Mark Connacher

              Date/Time:     February 11, 2008

              Defendant:     Matthews Equipment Limited, operating as Hertz
                             Equipment Rental

              Matter:        Occupational Health and Safety Act


    Disponible en français


For further information:

For further information: Bruce Skeaff, Ministry of Labour, (416)
326-7405; Tom Schneider, Crown Counsel, Legal Services Branch, Ministry of
Labour, (416) 326-0127

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