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Iron Mountain Canada Operations ULC Fined $90,000 After Worker Loses Arm

Archived Court Bulletin

Iron Mountain Canada Operations ULC Fined $90,000 After Worker Loses Arm

Ministry of Labour

TORONTO, ON - Iron Mountain Canada Operations ULC, a document-shredding company, has been fined $90,000 for a violation of Ontario's Occupational Health and Safety Act after a worker at a Toronto plant lost an arm.

On November 7, 2012, repairs were being done on a conveyor that is part of the shredding operation when material became stuck in the return side of the conveyor in a pit. A worker accessed the pit after opening a gate and climbing down a ladder, then used one hand to reach into an opening to remove the material. The worker's arm became caught in the conveyor, resulting in the loss of the arm at the shoulder. The event took place at a plant located at 90 The East Mall in Toronto. A Ministry of Labour investigation followed.

A Ministry of Labour investigation found that the worker had to go through a closed gate to access the pit and the gate had a latch to keep the gate closed. However, there was no mechanism such as a lock or other tool that would prevent a worker from opening the gate to access the area while the conveyor was in operation, and there was no other device in place to prevent access to the pinch point created by the moving underside of the conveyor.

Iron Mountain Canada pleaded guilty to failing, as an employer, to ensure that an in-running nip hazard on the conveyor that endangered the safety of a worker was equipped with and guarded with a device that prevented access to the pinch point, and was fined $90,000.  

The fine was imposed by Justice of the Peace Mary Anne Ross-Hendricks. 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

                                    70 Centre Avenue                                                                    

                                    Toronto, ON

Judge:                         Justice of the Peace Mary Anne Ross-Hendricks


Date of Sentencing:     January 16, 2014

Defendant:                  Iron Mountain Canada Operations ULC

                                    195 Summerlea Road

                                    Brampton, ON

Matter:                       Occupational Health and Safety

Conviction:                Ontario Regulation 851/90

                                    (Industrial Establishments)

                                    Occupational Health and Safety Act

                                    Section 25(1)(c)


Crown Counsel:           Alicia Gordon-Fagan

PDF - 48 Kb

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