Dealership and Supervisor Fined $21,000 Total for Safety Violations

Cornwall, ON. - Miller-Hughes Ford Sales Ltd., a Cornwall automotive dealership, was fined $18,000 on November 24, 2010, for violating the isocyanate regulation under the Occupational Health and Safety Act. Kevin MacDonald, a supervisor at the dealership, was fined $3,000 for the same violations.

On January 19, 2010, a Ministry of Labour investigation revealed that spray paints used at the dealership contained isocyanates, a hazardous chemical and a designated substance under the Act. A worker using the spray paints had not been trained on how to prevent exposure to isocyanates and was not using adequate personal protective equipment. The worker's isocyanate exposure was not monitored and the worker was not receiving medical surveillance.

Miller-Hughes Ford Sales Ltd. pleaded guilty to failing, as an employer, to ensure that:

• All practical and reasonable engineering controls, work practices and hygiene practices were adopted and implemented to limit a worker's exposure to isocyanates
• A worker who handles isocyanates was provided with appropriate personal protective equipment.

Kevin MacDonald pleaded guilty to failing, as a supervisor, to take every precaution reasonable in the circumstances for the protection of a worker.

The fines were imposed by Justice of the Peace Louise Rozon. 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

                                    26 Pitt St.

                                    Cornwall, ON

Judge:                         Justice of the Peace Louise Rozon

                                   

Date of Conviction:     November 24, 2010

Defendants:                Miller-Hughes Ford Sales Ltd.

                                   Kevin MacDonald

Matter:                        Occupational Health and Safety

Conviction:                 Ontario Regulation 842, Section 5

                                   Occupational Health and Safety Act, Section 27(2)(c)

Crown Counsel:          Evan Schiller

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