Tomlinson Waste Management Inc. Fined $50,000 After Worker Injured

Ottawa, ON. - Tomlinson Waste Management Inc. was fined $50,000 on November 4, 2010, for a violation of the Occupational Health and Safety Act that caused an injury to a worker.

On December 2, 2008, at the company's Ottawa facility, workers were loading scrap metal into a bin. A driver used a truck to put the bin on the ground. The driver then got out of the truck and went between it and the bin to disconnect the two. While the driver was still between the bin and the truck, a second worker started loading scrap metal into the bin. This caused the bin to move unexpectedly, pinning the driver against the truck. The driver suffered a broken leg.

A Ministry of Labour investigation found that the second worker had not been properly instructed on safe procedures for loading the bin.

Tomlinson Waste Management Inc. pleaded guilty to failing to provide information, instruction and supervision to a worker.

The fine was imposed by Justice of the Peace Louise Rozon. 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

                                    100 Constellation Cres.

                                    Ottawa, ON

Judge:                         Justice of the Peace Louise Rozon

Date of Conviction:      November 4, 2010

Defendants:                 Tomlinson Waste Management Inc.

Matter:                         Occupational Health and Safety

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

Crown Counsel:          Joe Ferraro

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