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Employer Fined $50,000 After Worker Breaks Arm

Court Bulletin

Employer Fined $50,000 After Worker Breaks Arm

Ministry of Labour

BARRIE, ON - An employer has been fined $50,000 after a worker broke an arm while trying to repair a fabric roll-up door on the job site.

On June 27, 2010, a worker at Faurecia Automotive Seating Canada Ltd. of Mississauga was trying to repair a roll-up door that had come off its track. The worker was using a ladder and another employee was assisting by opening and closing the door at a control panel. The worker's arm became entangled in the door as it was rolling up. The worker was able to extricate the entangled arm by manually disengaging the drive mechanism to the door; however, the arm was broken.

The incident took place at the Faurecia workplace located at 100 Reagens Industrial Parkway in Bradford.

The defendant pleaded guilty in a Barrie court to failing as an employer to ensure that the measures and procedures prescribed by section 76 of Regulation 851 under the Occupational Health and Safety Act were carried out, and was fined $50,000.

The fine was imposed by Justice of the Peace Michael Frederiksen. 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

                                    45 Cedar Pointe Drive

                                    Courtroom #2

                                    Barrie, Ontario


Judge:                         Justice of the Peace Michael Frederiksen


Date of Sentencing:     September 9, 2013

Defendant:                   Faurecia Automotive Seating Canada Ltd.

                                    6141 Vipond Drive


Matter:                         Occupational Health and Safety

Conviction:                  Ontario Regulation 851

                                    Occupational Health and Safety Act

                                    Section 25(1)(c)

Crown Counsel:           Alicia Gordon-Fagan

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