February 28, 2020 3:30 P.M.
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.
- 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.
- 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.