OHSA Fines – April

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Occupational Health and Safety charges are prosecuted under the Provincial Offences Act. Here are some recent matters adjudicated under the legislation.


Wasteco, Worker Fined Total of $176,000 After Worker Killed

A Hamilton Justice of the Peace has fined a waste management company and its employee, in the death of a worker who was crushed between vehicles a year ago.

Southern Sanitation, operating as Wasteco, was fined $170,000 April 1 in Hamilton Provincial Offences Court, after pleading guilty to failing to ensure that measures and procedures were followed. An employee, Abdul Maneed Malik, was fined $6,000 after pleading guilty to operating equipment in a manner that may endanger a worker.

On April 15, 2013, a worker backed up a truck into a drop-off bay at a Hamilton Wasteco waste management transfer station. A front-end loader in the drop-off bay, which is used to push dropped-off waste into a collection area, was being operated by Malik.

With the bin doors open, Malik, using the front-end loader, pushed the waste toward the back of the drop-off bay and then reversed the front-end loader. He did not have any visual contact with the truck driver, but had seen the driver in the cab of the truck.

After hearing a call for help, Malik stopped the loader and saw the worker face-down on the ground behind the truck. Another driver and another employee attempted first aid on the victim, who was later pronounced dead. A pathologist report indicated that the cause of death was blunt-force trauma consistent with compression.

Wasteco pleaded guilty to failing as an employer to ensure that safety measures and procedures, as prescribed by the Occupational Health and Safety Act (OHSA), were carried out. Malik pleaded guilty to failing to operate a vehicle in a manner that did not endanger another worker.

Wasteco operates seven waste management facilities throughout Ontario and employs about 150 workers.

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

 


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