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Holmes Tire Inc. and Supervisor Fined $85,000 Total After Worker Killed

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Holmes Tire Inc. and Supervisor Fined $85,000 Total After Worker Killed

Guelph, ON - Holmes Tire Inc., a commercial tire supplier, was fined $75,000 for a violation of the Occupational Health and Safety Act after a worker was killed. Michael Holmes, the worker's supervisor and president of the company, was fined $10,000 in relation to the same incident.

On July 8, 2011, a worker was replacing a tire on an excavator at a customer's workplace in Erin. The worker used two jacks to lift the rear of the excavator, with at least one jack on a wooden block. There were no other stands supporting the vehicle. While the worker was under the excavator, it tipped off the jacks, fatally crushing the worker.

Holmes Tire Inc. pleaded guilty to failing, as an employer, to ensure that the excavator was securely and solidly blocked to prevent it from moving or falling on the worker. Michael Holmes pleaded guilty to failing, as a supervisor, to ensure the same.

The fines were imposed by Justice of the Peace A. James Child. 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

                                    59 Carden St.

                                    Guelph, ON

Judge:                         Justice of the Peace A. James Child

Date of Sentencing:    August 14, 2012

Defendant:                  Holmes Tire Inc.

                                    Michael Holmes

Matter:                        Occupational Health and Safety

Conviction:                 Ontario Regulation 851, Section 74

Crown Counsel:          Alicia Gordon-Fagan

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