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Convicted: Pipe & Piling Supplies (Central) Limited, 36 Towns Road, Toronto, Ontario

Location of Workplace: 36 Towns Road, Toronto, Ontario

Description of Offence: A worker employed by Pipe & Piling Supplies Limited sustained critical injuries when they became pinned between a rail car and a front-end loader. Pipe & Piling Supplies Limited failed to ensure that the unattended flatbed rail car was immobilized and secured against accidental movement, contrary to s. 25(1)(c) of the Occupational Health and Safety Act.

Date of Offence: April 8, 2021

Date of Conviction: November 4, 2022

Penalty Imposed:

• Following a guilty plea in the Ontario Court of Justice, Old City Hall, Pipe & Piling Supplies (Central) Limited was fined $50,000 by Justice of the Peace Vladimir Bubrin; Crown Counsel, Dan Phelan.

• The court also 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.

Background:

• On April 8, 2021, a worker was using the forks of a front-end loader to move an empty rail car along railway tracks.
• Once at the desired location, the worker jumped onto the rail car to access the hand brakes, but the rail car rolled backwards.
• The worker became pinned between the rail car and the front-end loader, sustaining critical injuries.
• Pipe & Piling Supplies Limited failed, as an employer, to ensure that the unattended flatbed railcar was immobilized and secured against accidental movement, as prescribed in s. 57 of Ontario Regulation 851, contrary to s. 25(1)(c) of the Occupational Health and Safety Act.

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