Newmarket, Ont. - Nelmar Drywall Company Limited, of Concord, was fined $50,000 on September 8, 2009, for a violation of the Occupational Health and Safety Act (OHSA) after a worker was injured.

On July 30, 2007, Nelmar was installing drywall at a construction project on Pine Valley Dr. in Vaughan.  The company had subcontracted Golden Progress Renovations, of Scarborough, to do some of the work.  On this day, a Golden Progress worker was securing drywall from a ladder.  The foot of the ladder was on a bakers scaffold and the top was propped against the wall.  The ladder was not secured from moving or slipping.  The ladder moved and the worker fell to the ground, sustaining rib, pelvis, and shoulder injuries.

Nelmar pleaded guilty under the OHSA to failing, as an employer, to ensure the ladder was placed on firm footing.

The fine was imposed by Justice of the Peace Grainne Forrest.  In addition to the fine, the court imposed a 25-per-cent victim fine surcharge, 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

                                    50 Eagle St. W., Courtroom 2

                                    Newmarket, Ont.

Judge:                        

Justice of the Peace Grainne Forrest

Date of Conviction:

September 8, 2009

Defendants:

Nelmar Drywall Company Limited

Matter:

Occupational Health and Safety

Conviction:

Ontario Regulation 213/91, Section 78(2)(d)

Crown Counsel:

Sarah Loosemore