Hamilton, Ont. - Star Ornamental Company Ltd., a Stoney Creek metal fabricator, was fined $75,000 on July 27, 2009, for a violation under the Occupational Health and Safety Act (OHSA) after a worker was critically injured.

On July 2, 2008, Star Ornamental was installing a vertical access ladder at a construction project on Barton St. E. in Hamilton.  A piece of structured steel needed to be removed, and the company president instructed a worker how to cut the steel and tie off.  After cutting the steel with the help of another worker, the first worker fell off the ladder to the concrete floor, between 2.44 and 3.04 meters below, sustaining critical injuries to the head, ribs, and neck.

A Ministry of Labour investigation found that the worker was not using fall protection, and that neither worker was adequately trained in fall protection or construction regulations.

Star Ornamental Company Ltd. pleaded guilty under the OHSA to failing, as an employer, to ensure that the worker was adequately trained in the use of the fall protection system and/or given instruction by a competent person.

The fine was imposed by Justice of the Peace Lillian D. Ross. 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

                                    45 Main St. E.

                                    Hamilton

Judge:                        

Justice of the Peace Lillian D. Ross

Date of Conviction:

July 27, 2009

Defendants:

Star Ornamental Company Ltd.

Matter:

Occupational Health and Safety

Conviction(s):

Ontario Regulation 213, Section 26.2(1)

Crown Counsel:

Mike Nicol