Sunshine Grounds Care Fined $40,000 Total After Worker Injured

Hamilton, Ont. - 1637783 Ontario Ltd., carrying on business as Sunshine Grounds Care, was fined $12,000 on August 26 for a violation under the Occupational Health and Safety Act after a worker was injured. The company was also fined $28,000 for obstructing a Ministry of Labour inspector who investigated the incident.

On June 16, 2008, a worker from the Oakville-based company was cutting grass in Hamilton. The worker was riding a lawn tractor that was not equipped with a roll-over protective structure. The worker was wearing a seatbelt. The tractor went over a bump, and thinking it would roll over, the worker released the seatbelt and jumped out of the vehicle. The tractor did not tip over but it did run over the worker's foot.

A Ministry of Labour investigation found that the tractor's manual prohibited the use of a seatbelt if the roll-over protective structure was not on the vehicle.

1637783 Ontario Ltd., carrying on business as Sunshine Grounds Care, pleaded guilty to failing to instruct the worker to not use a seatbelt while the roll-over protective structure was not attached to the tractor.

The investigation also found that the company owner told a worker to remove parts from the tractor before the Ministry of Labour inspector arrived to investigate the incident.

1637783 Ontario Ltd., carrying on business as Sunshine Grounds Care, pleaded guilty to hindering, molesting, obstructing or interfering with a ministry inspector.

The fines were imposed by Justice of the Peace Donald Dudar. 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

                                    45 Main St. E.

                                    Hamilton, Ont.

Judge:                         Justice of the Peace Donald Dudar

Date of Sentencing:    August 26, 2010

Defendant:                  1637783 Ontario Ltd., carrying on business as
                                   Sunshine Grounds Care

Matter:                        Occupational Health and Safety

Conviction:                  Occupational Health and Safety Act, Section 25(2)(a)

                                    Occupational Health and safety Act, Section 62(1)

Crown Counsel:          Catherine Glaister

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