December 11, 2007

Health and Safety

Court finds McKinley Equipment guilty of violating Occupational Health and Safety Act

CORNWALL, ON

McKinley Equipment Ltd. of Chesterville, Ont. has been found guilty of disobeying a Ministry of Labour stop-work order and fined $25,000. A company director was fined $10,000.

The trial was told that on Feb. 15, 2006, a ministry inspector issued a stop work order to the company. The company paints machines for industrial, commercial and construction use and the order required no work be done in a painting room until certain safety modifications were made. The court heard this order was not followed, painting continued and a company director was aware the order was being contravened and, in fact, ordered painting to be done.

Justice of the Peace Linda Leblanc found McKinley Equipment Ltd. guilty on one count of failing to comply with an order issued by an inspector, contrary to section 66(1) of the Occupational Health and Safety Act, and imposed a $25,000 fine. Leblanc also convicted a company director, James McKinley, of failing, as a director, to take all reasonable care to ensure that the corporation complied with the stop work order, contrary to section 32(b) of the Occupational Health and Safety Act.

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