London, Ont. - Toromont Industries Ltd., carrying on business as Toromont CAT, a heavy equipment dealer, was fined $75,000 on November 16, 2009, for a violation under the Occupational Health and Safety Act (OHSA) after a worker was critically injured.

On April 8, 2008, at Toromont's London dealership, a technician was working on a piece of heavy equipment that had come in for maintenance.  The machinery had arrived missing part of the guard over its engine fan.  While doing maintenance, the worker passed a hand over the opening in the guard.  The worker's hand was pulled into the engine fan and amputated.

A Ministry of Labour investigation found that although the worker had received safety training, Toromont had no procedure in place to assess hazards during maintenance work.

Toromont Industries Ltd. pleaded guilty under the OHSA to failing, as an employer, to take the reasonable precaution of implementing a safe work procedure relating to hazard assessment before or during maintenance.

The fine was imposed by Justice of the Peace Sonia Aleong.  In addition to the fine, 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.

Court Information at a Glance

Location:                    Ontario Court of Justice

                                    80 Dundas St.

                                    London, Ont.

Judge:                        

Justice of the Peace Sonia Aleong

Date of Conviction:

November 16, 2009

Defendant:

Toromont Industries Ltd., carrying on business as Toromont CAT

Matter:

Occupational Health and Safety

Conviction:

OHSA, Section 25(2)(h)

Crown Counsel:

Catherine Glaister