Failure to Report Accident = $20k Fine


Walinga Inc., a Guelph equipment manufacturer, has pleaded guilty and been fined $20,000 for failing to report a critical workplace injury.

The company admitted to failing to follow notification procedures required under Ontario’s Occupational Health and Safety Act (OHSA), after a July, 2013 accident in which a worker broke a leg.

While stacking parts onto a skid at the Guelph location, a worker was struck by a load that fell from a skid, trapping him. Under the OHSA, a fracture is defined as a critical injury.

Court heard that the injured worker was given a Workplace Safety and Insurance Board health professional’s report, known as Form 8, at the hospital where he was treated. The form indicated that the worker could return to work with modified duties, but it did not state that he had a broken leg.

The worker advised a supervisor and the human resources staff that he had broken leg. Four days after the accident, the Ministry of Labour contacted the company. Human resources staff, and the injured worker, said that the company was in the process of reporting the matter to the ministry.

The company admitted that it had not immediately reported the accident to the ministry, as required by section 51(1) of the Occupational Health and Safety Act.

Justice of the Peace Michael A. Cuthbertson imposed the fine Jan. 31 in Guelph Provincial Offences Court.

A 25-per-cent victim fine surcharge, as required by the Provincial Offences Act, is added to the fine. The surcharge is credited to a special provincial government fund to assist victims of crime.




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