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Encore Steel Fined $75,000 After Worker Fatally Injured

Court Bulletin

Encore Steel Fined $75,000 After Worker Fatally Injured

Ministry of Labour

OTTAWA, ON - Encore Steel, an Ottawa steel fabricator, was fined $75,000 for a violation of the Occupational Health and Safety Act after a worker was fatally injured.

On June 4, 2012, two workers were loading steel beams onto a truck at an Encore Steel industrial facility located at 1090 Cummings Avenue in Ottawa. When the truck was loaded, one of the workers climbed up on to the load of beams to ensure that they were stable and to help strap them down. While standing on the load, that worker instructed the other to use a forklift to move a beam closer to the middle of the truck. The worker standing on the load remained there while the other used the forklift to move the beam. The beam slipped off the forks and knocked the worker off the truck. The worker fell 9.5 feet (2.9 metres) to the ground and sustained fatal injuries.

Encore Steel pleaded guilty to failing to ensure that materials were lifted, carried, or moved in a way that did not endanger a worker.

The fine was imposed by Justice of the Peace John A. Balkwill. 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

                                    100 Constellation Drive


Justice:                       Justice of the Peace John A. Balkwill

Date of Sentencing:    May 30, 2013

Defendant:                  Encore Steel

Matter:                        Occupational Health and Safety

Conviction:                 Ontario Regulation 851, Section 45 (a)

                                   Occupational Health and Safety Act, Section 25(1)(c)

Crown Counsel:          Jai Dhar

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