Company Fined $50,000 After Worker Injured

NEWMARKET, ON - Hardrock Forming Co. - Division of 5556347 Ontario Limited was found guilty and fined $50,000 on August 26, 2011, after being convicted of a violation of the Occupational Health and Safety Act.

On November 4, 2008, a Hardrock employee was working on a project at 220 Commerce Valley Drive West in Markham. The project involved a system of wooden moulds for concrete called formwork. The worker stepped on the formwork and fell through, suffering a wrist injury.

A Ministry of Labour inspector attended the project and found that the support and bracing for the formwork had been removed, but appropriate signs warning workers of the hazard had not been placed.

After a trial, Hardrock Forming Co. - Division of 5556347 Ontario Limited was fined for failing, as an employer, to ensure that signs were posted in prominent locations and in sufficient numbers to warn workers of a hazard on a project.

The fine was imposed by Justice of the Peace A. A. Malik. 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

                                    Newmarket, ON

Judge:                         Justice of the Peace A. A. Malik

Date of Sentencing:    August 26, 2011

Defendant:                  Hardrock Forming Co. - Division of 5556347 Ontario Limited

Matter:                        Occupational Health and Safety

Convictions:               Ontario Regulation 213/91, Section 44

                                  Occupational Health and Safety Act, Section 25(1)(c)

Crown Counsel:         Alicia Gordon-Fagan

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