Manufacturer and Supervisor Fined $54,000 Total After Worker Injured

St Catharines, ON - The Elmwood Group Limited, a St. Catharines manufacturer of custom cabinetry, was fined $50,000 for a violation of the Occupational Health and Safety Act after a worker was injured. Jake Tissen, a supervisor with the company, was fined $4,000 in relation to the same incident.

On November 13, 2009, at the company's facility in St. Catharines, a worker was using a table saw to cut a wooden part for a cabinet. Mr. Tissen was helping the worker. Towards the end of the cut, the worker noticed a fragment of wood coming loose and reached to grab it. The worker's hand came in contact with the saw blade and three of the worker's fingers were amputated.

A Ministry of Labour investigation found that the table saw was equipped with a guard to prevent access to its moving blade, but the guard was not in use.

The Elmwood Group Limited pleaded guilty to failing, as an employer, to ensure that the table saw was guarded to prevent access to its moving blade. Jake Tissen pleaded guilty to failing, as a supervisor, to ensure the same.

The fines were imposed by Justice of the Peace Dan MacDonald.  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

                                    70 King St.

                                    St Catharines, ON

Judge:                         Justice of the Peace Dan MacDonald

Date of Sentencing:    April 29, 2011

Defendants:                 The Elmwood Group Limited

                                   Jake Tissen

Matter:                        Occupational Health and Safety

Conviction:                 Ontario Regulation 851, Section 24

Crown Counsel:          Joe Ferraro

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