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South Essex Fabricating Inc. Fined $65,000 After Worker Falls, Suffers Injury

Archived Court Bulletin

South Essex Fabricating Inc. Fined $65,000 After Worker Falls, Suffers Injury

WINDSOR, ON - South Essex Fabricating Inc., a constructor of greenhouses, has been fined $65,000 after a worker fell from an elevating work platform and was injured.

On May 28, 2011, a worker was engaged in fastening hangers to the underside of roof trusses in a greenhouse on County Road 31 near Leamington. The worker was using a hydraulic scissor lift operating on rails, which was built by South Essex. The worker fell from a height of about 11 feet and suffered serious injuries.

A Ministry of Labour investigation found that the worker was operating the scissor lift to move it while it was fully extended, causing it to tip over. Instructions for the scissor lift specified that it was not to be operated while extended. In addition, the lift had not been designed by a professional engineer in accordance with good engineering practices to meet the requirements of the National Standards of Canada for self-propelled elevating work platforms. The lift was missing a number of requirements such as anchorage points for securing safety belts, an emergency stop device or controls at ground level, among other deficiencies.

The company pleaded guilty to failing to ensure that a hydraulic scissor lift met the design requirements of the National Standards of Canada and was fined $65,000. The fine was imposed by Justice of the Peace Susan Hoffman.

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


Windsor Provincial Offences Court

251 Goyeau Street

Windsor, Ontario                


Justce of the Peace Susan Hoffman


Date of Sentencing: 

March 20, 2014


South Essex Fabricating Inc.

4 Seneca Road

Leamington, Ontario


Occupational Health and Safety


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

Crown Counsel:

Judy L. Chan

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