An employer's corrective action taken after an accident did
not entitle it to a reduced fine under the Occupational Health
and Safety Act because the action should have been taken
– and was legally-required – before the accident, the
Ontario Court of Appeal has held.
The employer, Flex N-Gate Canada Company, an auto parts
producer, was charged with offences under the Occupational
Health and Safety Act after a worker broke several bones in
her foot when a bundle of metal sheets slipped off a forklift and
fell to the floor.
After a trial, the company was convicted of failing to ensure
that material was moved in a safe manner and failing to properly
train workers. The presiding Justice of the Peace imposed a fine of
$25,000.00 for each offence, for a total of $50,000.00. A judge of
the Ontario Court of Justice, on appeal, reduced the total fine to
$25,000.00 because of the company's corrective action after the
accident. The corrective action was in response to
