Manufacturer And Director Fined $36,000 Total For Failing To Comply With Order

Stratford, Ont. - Smith Steel & Fabrication Inc. pleaded guilty and was fined $28,000 on December 3, 2009, for a violation of the Occupational Health and Safety Act (OHSA) after failing to comply with an order.  Leonard Eagle, director of the company, was fined $8,000.

On September 27, 2007, a Ministry of Labour inspector visited the company's workplace in Atwood.  The inspector noticed that isocyanates, designated substances under the Act, were being used without completion of an assessment, and without the proper controls in place.  The inspector issued a stop use order.  The inspector issued another stop use order in November 2007.  In May 2008, the inspector learned the company had used isocyanates in violation of the stop use orders.

Smith Steel & Fabrication Inc. pleaded guilty to failing to comply with the orders of an inspector.  Leonard Eagle pleaded guilty to failing, as a director, to take all reasonable care to ensure that the corporation complied with the orders of an inspector.

The fines were imposed by Justice of the Peace Robert Gay.  In addition to the fines, 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

                                    1 Huron St.

                                    Stratford, Ont.

Judge:

Justice of the Peace Robert Gay

Date of Conviction:

December 3, 2009

Defendants:

Smith Steel & Fabrication Inc.

Leonard Eagle

Matter:                      

Occupational Health and Safety

Conviction:

OHSA, Section 66(1)(b)

OHSA, Section 32(b)

Crown Counsel:

Catherine Glaister