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4-Way Metal Fabricators Ltd. Toronto Fined $65,000 After Worker Injured

Court Bulletin

4-Way Metal Fabricators Ltd. Toronto Fined $65,000 After Worker Injured

Convicted: 4-Way Metal is a custom metal fabrication company located at 161 Parr Boulevard, Bolton, ON.

Location of Workplace: 161 Parr Boulevard, Bolton, ON.

Description of Offence: Failing as employer to ensure measures and procedures prescribed in section 25 of O. Reg. 851/90 were carried out, contrary to section 25(1)(c) of the Occupational Health and Safety Act.

Date of Offences: November 13, 2018.

Date of Conviction: February 24, 2020.

Penalty Imposed:

  • Following a guilty plea, Justice of the Peace Stephen Budaci, sitting in Provincial Offences Court in Caledon fined the company $65,000. Crown Counsel: Indira Stewart.
  • 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.

Background:

  • A worker was placed at 4-Way Metal through an employment agency called H & H Employment Services.  He had been working at 4-Way Metal for a minimal period of time when the incident occurred.
  • On November 13, 2018, the worker was working at an unguarded punch press machine when his hand become trapped under the ram of the punch press and injured.
  • Section 25 of Ontario Regulation 851/90, the Regulation for Industrial Establishments, requires that an in-running nip hazard or any part of a machine, device or thing that may endanger the safety of any worker, be equipped with and guarded by a guard or other device that prevents access to the pinch point.

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