January 26, 2010 4:00 PM
Toronto, Ont. - Estée Lauder Cosmetics Ltd., which operates a manufacturing facility in Scarborough, was fined $62,000 on January 25, 2010, for a violation under the Occupational Health and Safety Act (OHSA) after a worker was injured.
On August 16, 2008, at the Scarborough facility, a temporary worker was manually adding lids to containers filled with product by a machine on a production line. The worker noticed that one of the filling nozzles did not have a container under it and tried to stop the product from coming out. The nozzle moved down and punctured the worker's hand.
A Ministry of Labour investigation found there was no guard protecting the worker from the filler nozzles on the machine.
Estée Lauder Cosmetics Ltd. pleaded guilty under the OHSA of failing as an employer to ensure a machine that has an exposed moving part that may endanger the safety of a worker is equipped with a guard or other device that prevents access to the moving part.
The fine was imposed by Justice of the Peace Joanna T. Opalinski. 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
60 Queen St. West, Courtroom F
Toronto, Ont.
Judge: Justice of the Peace Joanna T. Opalinski
Date of Conviction: January 25, 2010
Defendant: Estée Lauder Cosmetics Ltd.
Matter: Occupational Health and Safety
Conviction: Ontario Regulation 851, Section 24
Crown Counsel: Sarah Loosemore