Liquid Waste Company and Supervisor Fined $57,500 Total After Worker Injured

Welland, ON. - 1780226 Ontario Inc., formerly known as Direct Line Environmental Services Inc., a liquid waste management company, was fined $50,000 on November 24, 2010, for a violation of the Occupational Health and Safety Act that caused an injury to a worker. Lyndon Bingley, a supervisor from the company, was fined $7,500 in relation to the same incident.

On August 5, 2008, the company was on a construction project at an industrial plant in Thorold. The plant was decommissioning its equipment. Removal of the equipment left large holes in the floor called press pits. Direct Line Environmental Services Inc. was cleaning out the press pits. While cleaning out a trench leading into one of the pits, a worker fell 4.55 metres into the pit.

A Ministry of Labour investigation found that the worker was not protected by a guardrail or a fall protection system.

1780226 Ontario Inc., formerly known as Direct Line Environmental Services Inc., pleaded guilty, as an employer, to failing to ensure that the worker was adequately protected by a guardrail system. Lyndon Bingley pleaded guilty, as a supervisor, to failing to ensure the same.

The fines were imposed by Justice of the Peace Froese. 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

                                    3 Cross Street

                                    Welland, ON

Judge:                         Justice of the Peace Froese

Date of Conviction:     November 24, 2010

Defendants:                1780226 Ontario Inc. formerly known as Direct Line

                                   Environmental Services Inc.

Matter:                        Occupational Health and Safety

Conviction:                 Ontario Regulation 213/91, Section 26.1(1)

Crown Counsel:          Catherine Glaister and Jamie Chiang (articling student)

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