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Gate Gourmet Canada Inc. Fined $58,000 After Worker Loses Fingers

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Gate Gourmet Canada Inc. Fined $58,000 After Worker Loses Fingers

Ministry of Labour

BRAMPTON, ON - Gate Gourmet Canada Inc., an international airline caterer headquartered in Switzerland, has been fined $58,000 after a worker lost fingers while performing routine maintenance duties.

On May 21, 2013, the worker at the Gate Gourmet workplace located at 2498 Britannia Road East in Mississauga was assigned to perform seasonal preventative maintenance on exhaust fans located on the roof of the building.

The first step in the proper exhaust fan maintenance procedure is to turn off electrical power to the fan, and the worker did so as instructed. However, the worker did not wait for the motion to stop before commencing work, and as a result one of the worker's hands was caught by the exposed moving drive belt pinch point; fingers were amputated. The worker was able to return to full-time hours by December 2013.

The company pleaded guilty to failing as an employer to ensure that the safety measures and procedures prescribed by law were carried out in the workplace - specifically that a part of a machine shall be adjusted, repaired or have maintenance work performed on it only when motion that may endanger a worker has stopped, and any part that has been stopped and may subsequently move and endanger a worker has been blocked to prevent its movement.

The fine was imposed by Justice of the Peace Darlene Florence in Brampton court December 9, 2014.

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

5 Ray Lawson Boulevard

Courtroom B2

Brampton, ON

                                   

Judge:

Justice of the Peace Darlene Florence

                                   

Date of Sentencing:

December 9, 2014


Defendant:

Gate Gourmet Canada Inc.

Zurich, Switzerland

Work site: 2489 Britannia Road East

Mississauga, Ontario


Matter:

Occupational health and safety

                                   

Conviction:

Occupational Health and Safety Act

Section 25(1)(c)

Regulation 851 (Industrial Establishments Regulation)

Section 75

                                               

Crown Counsel:

Alicia Gordon-Fagan


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