City of Toronto Fined $60,000 for Safety Violations
TORONTO, ON - The City of Toronto pleaded guilty and has been fined $60,000 for safety violations at the Toronto Police Marine Unit premises.
On or about February 5, 2017, the Ministry of Labour was notified of an incident involving a worker employed by a heating, ventilation and air conditioning contractor. The contractor was performing work at the marine unit at 259 Queens Quay West, which is owned by the city. The worker had been using a fixed ladder to access the mechanical area of the building on the fourth floor at the marine unit.
It was determined that the fixed ladder being used by the worker, which was situated between the fourth floor mechanical area and third floor boiler room, was not equipped with a cage around the ladder as required by either section 18(1)(d) of Ontario Regulation 851 (the Industrial Establishment Regulations), or section 84(1)(d) of Ontario Regulation 213/91 (the Construction Projects Regulation). The regulations have similar wording about fixed ladders.
As such, the City of Toronto failed as an employer to ensure that the measures and procedures required by either regulation were carried out. This is contrary to section 25(1)(c) of the Occupational Health and Safety Act (OHSA).
Court was told that while an injury occurred in this matter, the injuries are not causally connected to the violation, and that this matter is being treated as a no-accident, no-injury contravention.
Justice of the Peace Jane Hawtin accepted the guilty plea and imposed a fine of $60,000 in Toronto court on September 28, 2017.
The court also 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 Street, Courtroom C6
Justice of the Peace Jane Hawtin
Date of Sentencing:
September 28, 2017
Corporation of the City of Toronto
55 John Street, 3rd floor
Occupational health and safety
Regulation 851 (the Industrial Establishment Regulation)
Regulation 213/91 (the Construction Projects Regulation)
Occupational Health and Safety Act