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Bombardier Fined $280,000 After Workers Suffer Injuries

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Bombardier Fined $280,000 After Workers Suffer Injuries

Ministry of Labour

THUNDER BAY, ON - Bombardier Transportation Canada Inc., a global corporation that manufactures rail transportation systems, has been convicted in two separate cases involving injuries to workers and fined a combined total of $280,000. Both incidents took place at its production facility located at 1001 Montreal Street in Thunder Bay.

In the first case, on April 13, 2012, a worker was changing a part on a mechanical tube bender. The part on the device was stuck in place and it was a regular practice for workers to engage a clamp switch in order to loosen and remove the stuck part. However, when the clamp switch is engaged, a ram switch becomes energized.

The worker engaged the clamp switch and positioned one hand between the energized ram and a grip block. While doing so, the ram was started and crushed the tip of one finger. The worker later required an amputation of part of the injured finger. A Ministry of Labour investigation followed.

Bombardier pleaded guilty to failing to ensure that an exposed moving part on the bender machine was equipped by a guard or other device.

Bombardier was fined $140,000, as well as 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.

In the second case and in the same workplace, on July 5, 2012 a worker was injured after coming into contact with a live electrical conductor. The young worker, who was also a relatively new employee, was checking the electrical current of an electrical conductor in a passenger rail car. The worker reached into an electrical cabinet to clamp an ammeter to verify that it had an electrical current, and inadvertently touched a live terminal strip. The worker was not wearing any rubber gloves or using any protective equipment, which is required by the Occupational Health and Safety Act. The worker suffered injuries to an arm and hand.

A Ministry of Labour investigation revealed that the terminal block was energized and that the worker was not provided with any instructions about the use of personal protective equipment.

Bombardier pleaded guilty for failing as an employer to ensure that the worker used the protective equipment prescribed by law. The company was fined $140,000 as well as the 25-per-cent victim fine surcharge required by the Provincial Offences Act. The fines were imposed by Justice of the Peace John Guthrie. 


Court Information at a Glance

Location:                    Provincial Offences Court

                                    101 Syndicate Avenue

                                    Thunder Bay, Ontario

Judge:                         Justice of the Peace John Guthrie

Date of Sentencing:     September 17, 2013

Defendant:                   Bombardier Transportation Canada Inc.

                                    1001 Montreal Street

                                    Thunder Bay, Ontario

Matter:                         Occupational Health and Safety

Conviction:                  April 2012 case:

                                    Ontario Regulation 851, Section 24

                                    Occupational Health and Safety Act

                                    Section 25(1)(c)

                                    July 5, 2012 case:

                                    Ontario Regulation 851, Section 42.1(2)

                                    Occupational Health and Safety Act

                                    Section 25(1)(c)                              

Crown Counsel:           William Robinson


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