Zimmcor (1993) Inc. of Concord, Ontario was fined a total of $50,000 over violations of the provincial Occupational Health and Safety Act. The charges were laid after the Ministry of Labour investigated an incident in which a cart with aluminum extrusions tipped and fell on to a worker’s leg, resulting in a fracture.
The fine was imposed by Justice of the Peace Malik Asad after the firm pleaded guilty to charges resulting from Ministry of Labour inspections and an investigation after an incident more than two years ago.
On January 23, 2009, workers were trying to move a cart carrying aluminum extrusions, which was wedged between other carts. The cart tipped over and the load fractured the worker’s leg.
The Ministry of Labour stated its investigation found the extrusions were not properly balanced or secured on the cart. It also stated that a reinspection on Jan. 26, 2009 found that shields on a double-bladed chop saw were tied with metal holdbacks, which rendered the shields ineffective at protecting workers from the saw’s moving blades.
Zimmcor pleaded guilty to failing to ensure that the load would not tip, collapse or fall, and for failing to ensure that the load could be removed or withdrawn without endangering the worker. The firm also pleaded guilty for failing to ensure the shields on a double-bladed chop saw were not rendered ineffective by metal holdbacks. Zimmcor was fined $45,000 for the first count and $5,000 for the second.
One relevant statute in this case was Occupational Health and Safety Act Section 25 (2). The other was Ontario Regulation 851/90 section 45 (b), which states that materials, articles or things shall be transported, placed or stored so that they will not tip, collapse or fall, and so that they can be removed or withdrawn without endangering the safety of any worker.
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