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Building Centre Operator Fined $65,000 After Worker Injured

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Building Centre Operator Fined $65,000 After Worker Injured

Ministry of Labour

North Bay, ON - 4536631 Canada Inc., the Quebec owner and operator of a Rona Cashway Building Centre in North Bay, was fined $65,000 for a violation of the Occupational Health and Safety Act after a worker was injured.

On August 12, 2010, workers were cleaning a drywall warehouse at the building centre. They were using a forklift to help them organize materials. A young worker on the team approached the forklift and walked behind it, thinking eye contact had been made with its operator. The forklift operator reversed the forklift towards the young worker at a high speed and did not see the young worker in time to avoid a collision. The forklift struck and ran over the young worker, causing bone fractures and nerve damage.

A Ministry of Labour investigation found that there were no adequate warning signs or barriers in place to protect workers where the forklift was being used.

4536631 Canada Inc. pleaded guilty to failing to ensure that barriers, warning signs or other safeguards were in place to protect workers in an area where vehicular traffic may endanger a worker.

The fine was imposed by Justice of the Peace Diane Lafleur. 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

                                    200 McIntyre St. E.

                                    North Bay, ON

Judge:                         Justice of the Peace Diane Lafleur

Date of Sentencing:    March 30, 2012

Defendant:                  4536631 Canada Inc.

Matter:                        Occupational Health and Safety

Conviction:                 Ontario Regulation 851, Section 20

Crown Counsel:          Daniel Kleiman

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