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APCO Industries Fined $100,000 After Worker Killed

Archived Court Bulletin

APCO Industries Fined $100,000 After Worker Killed

TORONTO, ON - APCO Industries Co. Ltd., a manufacturer and distributor of oils, greases, rust preventatives and lubricants, was fined $100,000 for a violation of the Occupational Health and Safety Act after a worker was killed.

On January 28, 2011, workers were repairing a leak in the roof of a storage warehouse at the company's Toronto workplace. The warehouse roof had six plastic dome covered skylights. A worker walking backwards tripped on the flashing of a skylight and fell through it about 5.5 metres (18 feet) to the concrete floor below. The worker's injuries were fatal.

A Ministry of Labour investigation found that there were no guardrails around the skylights while the workers were on the roof, nor did the skylights themselves constitute a protective covering over the opening in the roof. At no time during the repairs were the workers wearing or using any form of fall protection.

APCO pleaded guilty for failing as an employer to ensure that a guardrail or protective covering was used to prevent workers from falling through the skylights.

The fine was imposed by Justice of the Peace John R. Cottrell. 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

                                    1530 Markham Road
                                    Toronto (Scarborough), ON

Judge:                         Justice of the Peace John R. Cottrell

Date of Sentencing:     March 18, 2013

Defendant:                   APCO Industries Co. Ltd

Matter:                         Occupational Health and Safety

Conviction:                  Ontario Regulation 213, Section 25.1(c)

Crown Counsel:           Daniel Kleiman

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