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ARTICLE · 23 JANUARY 2015

Worker Fatality Leads To Fine And Jail Sentences

An Ontario company was recently fined $250,000 and two of its directors were each ordered to serve 25 days in jail as a result of a workplace fatality.

CanadaEmployment and HR

An Ontario company was recently fined $250,000 and two of its directors were each ordered to serve 25 days in jail as a result of a workplace fatality.

Background

According to an Ontario Ministry of Labour press release, on January 18, 2013, an employee of New Mex Canada Inc. (an Ontario company) was using a combination forklift/operator-up platform that had been modified to include an additional platform. The added platform did not have a guardrail around it and the employee was not wearing fall protection or safety shoes. The employee was found dead on the floor beside the modified equipment and the cause of death was determined to be blunt force trauma to the head.

The Ministry of Labour investigation found multiple violations under the Ontario Occupational Health and Safety Act (the Act) and the regulation relating to industrial establishments (the Regulation), including the absence of health and safety training provided to the workers in the warehouse and

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