Fastening Gun Fires, Injures Worker, $50,000 Fine to Employer
TORONTO, ON - 1860317 Ontario Ltd., operating as Agrivac Ventilation & Fabrication, has been fined $50,000 after a worker was injured by a fastening gun.
A worker employed by the company was performing sheet metal work at a project located at 800 Lansdowne Avenue in Toronto on August 14, 2013. The worker was using a fastening gun to complete the work and was carrying the fastening gun down a set of stairs when the gun fired a steel pin into the worker's body. The worker was taken to the hospital for medical treatment.
Following a trial, the court found Agrivac Ventilation & Fabrication guilty, under the Occupational Health and Safety Act, of failing to ensure a worker was adequately trained on the use of an explosive actuated fastening tool, and failing to ensure the tool was used in accordance with the operating manual issued by the manufacturer. A fine of $30,000 was imposed for the first offence and a fine of $20,000 was imposed for the other by Justice of the Peace David J. Hunt in Toronto court on June 24, 2015.
In addition to the fines, Justice of the Peace David J. Hunt 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
Provincial Offences Court/Ontario Court of Justice
70 Centre Avenue
Justice of the Peace David J. Hunt
Date of Sentencing:
June 24, 2015
1860317 Ontario Ltd., operating as
Agrivac Ventilation & Fabrication
239-15 St. Catharines Street, Suite 713
1157 Rymal Road East, Unit 3
Occupational health and safety
Occupational Health and Safety Act
Ontario Regulation 213/91 (Construction Projects Regulation)
Section 117(1) and Section 93(3)
Crown Counsel:Amanda Landre