March 21, 2019 5:30 P.M.
Convicted: CS Wind Canada Inc., 9355 Anchor Drive, Windsor, Ontario, a business that previously specialized in the manufacture and supply of wind towers but is currently in a state of shutdown.
Location: The company’s facility at 9355 Anchor Drive, Windsor.
Description of Offence: A worker suffered permanent injury after material that was being cut apart fell.
Date of Offence: October 30, 2017.
Date of Conviction: March 21, 2019.
- Following a guilty plea, CS Wind Canada Inc. was fined $60,000 by Justice of the Peace Susan Hoffman in Windsor court; Crown Counsel Alessandra Hollands.
- 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.
- A worker signed on to participate in a special project at the workplace as part of the facility’s shutdown process. The task consisted of disassembling flanges – that is, wind tower sections formed of large metal rings – for the purpose of disposal as scrap metal.
- On October 30, 2017, the worker attended at the workplace to disassemble flanges. To do so, the worker placed one side of each flange on a stand and used an acetylene gas torch to make cuts at the raised area.
- The worker began to work on a flange and made two cuts. On the third cut, the worker initially stood on the outside perimeter of the flange and subsequently stepped to the inside perimeter to continue. As the cut completed, the flange piece turned inward and fell on the worker.
- As a result of the event, the worker suffered a severe injury resulting in a permanent injury.
- The Ministry of Labour investigation determined that CS Wind had not provided workers with information, instruction and/or instruction with respect to a safe procedure for cutting wind tower sections, in violoation of section 25(2)(a) of the Occupational Health and Safety Act (OHSA).
- CS Wind was previously convicted under the OHSA in Windsor on August 18, 2016 for failing to take every precaution reasonable in the circumstances for the protection of a worker. In that incident, a worker suffered multiple injuries from the movement of components of a wind tower under construction. The company was fined $60,000 for that offence.