Curtain Wall Assembler Fined $50,000 After Worker Seriously Injured and For Safety Violations
Newmarket, ON - Zimmcor (1993) Inc., a Concord, Ont., company that assembles curtain walls, was fined $50,000 on May 16, 2011, after a worker was seriously injured and for violating the Occupational Health and Safety Act.
On January 23, 2009, workers were trying to move a cart holding 22-foot-long aluminum extrusions, which was wedged between other carts. A worker was positioned between the cart that they were trying to move and another cart. As the worker pushed on the load while others pulled, the cart tipped over. The load fell and fractured the worker's leg. A co-worker tried to remove adjacent bundles of extrusions with a forklift to access the tipped cart, but inadvertently touched the cart and further extrusions fell on the injured worker's leg.
A Ministry of Labour investigation found the extrusions were not properly balanced or secured on the cart.
An inspector revisited the workplace on January 26, 2009, and observed that shields on a double-bladed chop saw were tied with metal holdbacks. This rendered the shields ineffective as a means of protecting workers from the hazards posed by the saw's moving blades.
Zimmcor Inc. pleaded guilty, as an employer, to failing to ensure that the load being transported, placed or stored would not tip, collapse or fall, and to ensure that the load could be removed or withdrawn without endangering the worker. The employer also pleaded guilty to failing to take reasonable precaution of ensuring that the shields on a double-bladed chop saw were not rendered ineffective by metal holdbacks.
Zimmcor Inc. was fined $45,000 for the first count and $5,000 for the second. The fine was imposed by Justice of the Peace Malik Asad. 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
465 Davis Drive
Judge: Justice of the Peace Malik Asad
Date of Sentencing: May 16, 2011
Defendants: Zimmcor (1993) Inc.
Matter: Occupational Health and Safety
Conviction: Ontario Regulation 851/90, Section 45(b)
Occupational Health and Safety Act, Section 25(2)(h)
Crown Counsel: Alicia Gordon-Fagan
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