Brewers Retail Inc. Fined $120,000 After Worker Injured
February 18, 2010 11:20 AM
Whitby, Ont. - Brewers Retail Inc. was fined $120,000 on February 10, 2010, for a violation of the Occupational Health and Safety Act (OHSA) that caused an injury to a worker.
On August 28, 2008, two workers were delivering beer at a restaurant in Oshawa. The delivery truck had a tailgate, or a platform that can be raised and lowered. The tailgate had a ramp on its end. This could be lifted to become a barrier to keep things on the tailgate. One of the workers wheeled a pallet truck of bottles onto the tailgate. The second worker raised the tailgate, but neither of the workers lifted the ramp. While on the raised tailgate, the first worker pressed the reverse button on the pallet truck. The worker and the truck fell off the tailgate. The worker's ankle was fractured.
A Ministry of Labour investigation found that the injured worker had not received training on the safe use of the pallet truck or the tailgate.
Brewers Retail Inc. pleaded guilty to failing to ensure materials were moved in a way that would not endanger the safety of any worker.
The fine was imposed by Justice of the Peace Constance McIlwain. 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
605 Rossland Rd. E.
Whitby, Ont.
Judge: Justice of the Peace Constance McIlwain
Date of Conviction: February 10, 2010
Defendant: Brewers Retail Inc.
Matter: Occupational Health and Safety
Conviction: Ontario Regulation 851, Section 45(a)
Crown Counsel: Catherine Glaister
Contacts
- Matt Blajer
Communications Branch
416-326-7405
Ministry of Labour
ontario.ca/labour