Following a guilty plea in the Ontario Court of Justice in Oshawa, St Marys Cement was convicted and fined $165,000 for a worker injury that occurred two years ago at the producer’s Bowmanville plant.
On Oct. 8, 2019, an employee was conducting an analysis of equipment in the finish mill by taking vibration measurements at various locations while the equipment was in operation. During this process, the worker stepped on the access hatch cover, which then flipped inward, causing a critical injury to the worker.
An investigation of the incident by the Ontario Ministry of Labour concluded St Marys committed the offense of failing, as an employer, to ensure that the measures and procedures prescribed by subsection 15(a) of Ontario Regulation 851 R.R.O. 1990, as amended, were carried out in the workplace.
This was contrary to section 25(1)(c) of the Occupational Health and Safety Act, R.S.O., 1990, c.O.1, as amended. Specifically, St. Marys failed to ensure that an access hatch cover located atop of Finish Mill Cooler 1 was secured in place.
On top of the fine, the court also imposed a 25% victim fine surcharge as required by the Provincial Offences Act.