Court Bulletin - TDL Spring & Suspension Specialists Inc. fined $120,000 after worker killed

    OTTAWA, May 12 /CNW/ - TDL Spring & Suspension Specialists Inc., an
Ottawa company that repairs trucks and buses, was fined $120,000 on May 11,
2009, for violations under the Occupational Health and Safety Act (OHSA),
after a worker was fatally injured.
    On June 7, 2007, a TDL employee at the company's shop on Hawthorne Road
was repairing the valve stem on the rear tire of a recycling truck. A side bin
on the truck was elevated to allow work on the tire but was not braced to
prevent movement. When the side bin accidentally released, it came down and
trapped the worker between the bin and the tire. By the time the worker was
freed, the worker had sustained fatal crushing injuries and died en route to
    A Ministry of Labour investigation found that the employer had failed to
ensure the elevated side bin was blocked or braced to prevent subsequent
movement. The recycling bin was equipped with blocking pins to prevent the bin
from falling, but these were not used, and the employer did not have proper
tools to block or support the bin.
    TDL Spring & Suspension Specialists Inc. was found guilty under the OHSA
of failing to ensure that equipment which is temporarily elevated is securely
and solidly blocked to prevent the equipment from falling or moving, as
required under Ontario regulations for industrial establishments.
    The fine was imposed by Justice of the Peace B. Mackey. 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.


                        Court Information at a Glance

        Location:            Ontario Court of Justice
                             Courtroom 101,
                             100 Constellation Crescent,
                             Ottawa, Ontario

        Judge:               Justice of the Peace Brian Mackey

        Date of Conviction:  May 11, 2009

        Defendants:          TDL Spring & Suspension Specialists Inc.

        Matter:              Occupational Health and Safety

        Conviction(s):       R.R.O. 1990, Reg. 851, s. 74
                             OHSA section 25(1)(c)

        Crown Counsel:       Grainne McGrath


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For further information:

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

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