Farm Owner Fined $3,000 After Worker Injured

January 31, 2011 2:10 PM

St. Catharines, ON - James Douglas Warner, operating as Warner Orchards in Beamsville, was fined $3,000 on January 21, 2011, for a violation of the Occupational Health and Safety Act that caused an injury to a worker.

On May 18, 2010, a worker from Warner Orchards was driving a tractor between farms on North Service Rd. in Beamsville. A vehicle hit the tractor from behind, causing the tractor to roll over. The worker's leg was seriously injured.

A Ministry of Labour investigation found that the worker was driving a tractor equipped with a roll-over protection structure (ROPS) but it was not engaged at the time of the incident. Furthermore, the worker had never been instructed on the ROPS and its proper use. Although the worker's injuries may not have been prevented if the ROPS system was engaged, ROPSs are an important safety precaution when tractors are operated on a public road.

James Douglas Warner, operating as Warner Orchards, pleaded guilty to failing, as an employer, to provide information, instruction and supervision to a worker to protect the worker's safety when operating a tractor equipped with a roll-over protection structure.

The fine was imposed by Justice of the Peace Ronald Whalen. 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

71 King St. W.

St. Catharines, ON

Judge: Justice of the Peace Ronald Whalen

Date of Sentencing: January 21, 2011

Defendants: James Douglas Warner, operating as Warner Orchards

Matter: Occupational Health and Safety

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

Crown Counsel: Sarah Loosemore

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