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Lumber Mill Fined $80,000 in Death of Delivery Driver

Archived Court Bulletin

Lumber Mill Fined $80,000 in Death of Delivery Driver

Ministry of Labour

CALEDON, ON - Monterra Lumber Mills Ltd., a remanufacturer of softwood lumber, pleaded guilty and has been fined $80,000 in the death of a delivery driver who was killed while lumber was being unloaded from the truck he had been driving.

On November 12, 2013, a driver working for a shipping company was delivering a tractor trailer of bundles of lumber to Monterra's facility at 12833 Highway 50 South in Bolton. Upon arrival the driver was instructed to drive to the back of the yard; a lumber company worker would then unload the lumber. The driver drove to the back of the yard, then stood on the passenger side of the trailer, rolling up the straps that were securing the bundles of lumber. Each bundle consisted of 189 pieces of board measuring 16 feet long and weighing about 6,000 pounds.

The lumber company worker drove a forklift to the tractor trailer and started to unload the bundles from the driver's side of the trailer. While removing the first bundle, an adjacent bundle on the passenger's side fell off the trailer and landed on the driver, causing fatal injuries. The driver was pronounced dead at the scene by emergency workers called to the scene.

At the time of the incident, there were no measures in place such as barriers, warning signs or other safeguards for the protection of all workers in the yard where vehicle or pedestrian traffic may endanger the safety of any worker. The lumber company failed as an employer to ensure compliance with Section 20 of Ontario's Industrial Establishments Regulation, which states that "barrier, warning signs or other safeguard for the protection of all workers in an area shall be used where vehicle or pedestrian traffic may endanger the safety of any worker."

Monterra Lumber Mills was fined $80,000 for the death by Justice of the Peace Samantha Burton in Caledon court on May 9, 2016.

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:
Provincial Offences Court/Ontario Court of Justice
6311 Old Church Road
Caledon East, Ontario

Judge:
Justice of the Peace Samantha Burton

Date of Sentencing:
May 9, 2016

Defendant:
Monterra Lumber Mills Ltd.
12833 Highway 50 South
Bolton, Ontario

Matter:
Occupational health and safety

Conviction:
Occupational Health and Safety Act
Section 25(1)(c)

Ontario Regulation 851(Industrial Establishments Regulation)
Section 20

Crown Counsel:
Catherine Glaister

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