Farm Death, Burns – OHSA Fines


Recent fines under the Occupational Health and Safety act include matters involving death and serious burns.

Worker Killed

Monaghan Mushrooms Ltd., of Campbellville, pleaded guilty to failing to take reasonable precautions for the safety of workers and was fined $140,000. Judge Richard J. LeDressay laid the fine April 8 in Ontario Court of Justice, Burlington.

Court heard that, during a construction project in 2011 at the mushroom-growing farm, an employee drove a front-end loader across a new concrete pad. A worker employed by a sub-contractor was crossing the concrete pad when he was struck by the front-end loader. The worker was pronounced dead at the scene.

Monaghan Mushrooms pleaded guilty to failing as an employer to take every precaution reasonable in the circumstances for the protection of a worker — specifically for failing to take the reasonable precaution of ensuring that workers did not walk on a concrete pad while a wheel loader was being operated.

Worker Burned

Linamar Corporation, operating as Vehcom Manufacturing, has been fined $100,000 after a worker was burned by an exposed power terminal.

Court heard that, in 2012, workers at a manufacturing facility in Guelph were replacing a set of cooling fans in a capacitator panel. As the worker was removing the second of two cooling fans, it fell, making contact with an exposed power terminal. An electrical fault initiated an arc flash and the flash caused significant burns to the worker’s body.

A Ministry of Labour investigation determined that the exposed power terminal had remained live, and that the worker had not been provided with appropriate protective equipment.

Linamar Corporation pleaded guilty April 17 in Ontario Provincial Court, Guelph, to failing as an employer to ensure that measures and procedures were undertaken as prescribed by the Occupational Health and Safety Act.

The regulation states that if work is being done on live electrical equipment, the employer shall ensure that a worker uses rubber gloves, mats, shields and other protective equipment and procedures adequate to ensure protection from electrical shock and burns while performing the work.

Justice of the Peace Michael A. Cuthbertson laid the fine.

A 25-per-cent victim fine surcharge is added to such fines, under the Provincial Offences Act.

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