Furfari Paving Co. Ltd. Fined $110,000 After Worker Killed

Brampton, Ont. - Furfari Paving Co. Ltd., a Toronto-based company, was fined $110,000 on July 13, 2010, for a violation of the Occupational Health and Safety Act after a worker was killed.

On July 30, 2008, two workers employed by Furfari were operating an asphalt road milling machine, otherwise known as a "grinder," to remove the top layer of asphalt from a section of Dixie Rd. between Eglinton Ave. and Matheson Blvd. in Mississauga. Other machines were in use nearby, including a pavement cutter operated by a third worker, who was cutting and sealing cracks in the wake of the grinder. The two workers finished removing the top layer of asphalt and operated the grinder in reverse. When they stopped, they saw that the third worker had been caught underneath the grinder and crushed.

Ministry of Labour investigators found that the driver of the grinder had an obstructed view while using the controls, and that the operators of the grinder were not assisted by a signaller.

Furfari Paving Co. Ltd. pleaded guilty to failing to ensure that the operator of a vehicle was assisted by a signaller when his or her view of the path of travel was obstructed.

The fines were imposed by Justice of the Peace Michael Barnes. 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

                                    5 Ray Lawson Blvd.

                                    Brampton ON

Judge:                         Justice of the Peace Michael Barnes

Date of Conviction:     July 13, 2010

Defendant:                  Furfari Paving Co. Ltd.

Matter:                       Occupational Health and Safety

Conviction:                Ontario Regulation 213, Section 104(3)

Crown Counsel:        Judy Chan

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