SARNIA, Ont. - Katoen Natie Canada, a Quebec-based logistics services provider, was fined $70,000 on June 25, 2009, for a violation of the Occupational Health and Safety Act (OHSA) after a worker was injured.

On June 21, 2007, at the company's warehouse in Corunna, a forklift operator was using an electric reach truck to lift and pull cartons from storage racks.  The worker backed into a steel rack, trapping a leg between the truck and the racking and breaking the leg.

A Ministry of Labour investigation found that the worker was a certified lift truck operator, but was not certified for the machinery involved in the incident.  The worker's supervisor was also not monitoring the worker at the time of the incident.

Katoen Natie Canada pleaded guilty under the OHSA to failing, as an employer, to ensure the worker was competent to operate the lifting device or was accompanied by a competent person while operating the lifting device.

The fine was imposed by Justice of the Peace Marsha Miskokomon.  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

                                    700 Christina Street North

                                    Sarnia, Ontario

Judge:                        

Justice of the Peace Marsha Miskokomon

Date of Conviction:

June 25, 2009

Defendants:

Katoen Natie Canada

Matter:                      

Occupational Health and Safety

Conviction(s):

Ontario Regulation 851, Section 51(2)(a)

Crown Counsel:

Tom Schneider