Company and Supervisor Fined $171,000 Total After Worker Injured

Windsor, ON - ThyssenKrupp Industrial Services Canada Inc., carrying on business as ThyssenKrupp Hearn Division, a provider of warehousing, packaging and transportation services, was fined $160,000 for a violation of the Occupational Health and Safety Act after a worker was injured. Don Hearn Jr., a supervisor, was fined $11,000 in relation to the same incident.

On February 25, 2009, a worker was doing electrical upgrades at the company's warehouse on Sprucewood Ave. in Windsor. As the worker was removing conductors from an electrical panel, a bare conductor touched the side of the electrical panel, causing an arc flash. The worker sustained serious electrical burns.

A Ministry of Labour investigation found that the electrical panel was not disconnected from the power source, locked out or tagged before the work started.

ThyssenKrupp Industrial Services Canada Inc., carrying on business as ThyssenKrupp Hearn Division, was found guilty of failing to ensure that the electrical panel was disconnected, locked out and tagged prior to work being done on it. Don Hearn Jr. was found guilty of the same.

The fines were imposed by Justice of the Peace Robert Gay. 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

                                   251 Goyeau St.

                                   Windsor, ON

Judge:                        Justice of the Peace Robert Gay

Date of Sentencing:    November 17, 2011

Defendants:                ThyssenKrupp Industrial Services Canada Inc., carrying on business as ThyssenKrupp Hearn Division, and Don Hearn Jr.

Matter:                       Occupational Health and Safety

Conviction:                Ontario Regulation 213/91, Section 190(4)

Crown Counsel:         Tom Schneider and Jason Tam

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