Concord company fined $180,000 in death of worker

Archived Release

Concord company fined $180,000 in death of worker

NEWMARKET, ON, Feb. 5 - Elderston Manor Estates Inc., of 8700 Dufferin St., Concord, Ont., pleaded guilty and was fined $180,000 in the Ontario Court of Justice following the death of a worker at a residential housing project in Vaughan.
Judge V. Lampkin heard that on August 3, 2006, a delivery truck driver employed by Mansteel Inc. drove a flatbed truck onto the construction site, delivering a load of steel bearing plates and shims. The 100 bearing plates, each weighing about 8 kilograms (17 lb.), were in a steel barrel on the truck. Elderston's construction site supervisor instructed a worker to unload the barrel. That worker used a forklift and tried to drive its lifting forks under the barrel while the truck driver tried to help manoeuvre it onto the forks. But the barrel, not secured to the forklift in any way, fell over onto the ground on top of the truck driver.
A Ministry of Labour investigation determined that the method used to unload the barrel was hazardous and created an unstable load on the forklift. The investigation's conclusions stated that a barrel is not suitable for handling by a forklift because it is not equipped with appropriate mechanisms for handling, such as lifting slots or pallet slots.
As constructor on the project, Elderston had overall responsibility for the safety of all workers on the site, including the truck driver. Elderston pleaded guilty to failing to ensure that steel bearing plates (which had been inside the barrel) were moved in a manner that did not endanger a worker, as required by section 37(1) of Ontario Regulation 213/91, an offence under section 23(1)(a) of the Occupational Health and Safety Act.
In addition to the fine, the court imposed a 25-per-cent victim fine surcharge on the total, 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,
Room 100
50 Eagle St. W., Newmarket, Ontario
Judge: Judge V. Lampkin
Date: February 5, 2008
Defendants: Elderston Manor Estates Inc.
Matter: Occupational Health and Safety Act
----------------------------------------------------
Disponible en français
www.labour.gov.on.ca
Contact Info For further information: Bruce Skeaff, Ministry of Labour, (416) 326-7405; Grainne McGrath, Crown Counsel, Legal Services Branch, Ministry of Labour, (613) 727-2850 HELP | CONTACT US | PRIVACY | IMPORTANT NOTICES © Queen's Printer for Ontario, 2008-2009 — Last Modified: February 15, 2009 For further information: Bruce Skeaff, Ministry of Labour, (416) 326-7405; Grainne McGrath, Crown Counsel, Legal Services Branch, Ministry of Labour, (613) 727-2850