Workers Health & Safety Centre

Company directors jailed as a result of fatal health & safety violations

Two directors of a Brampton–based furniture importer have been sentenced to jail time after pleading guilty to safety violations that resulted in a worker being killed. 
According to a Ministry of Labour (MOL) press release, a worker was moving merchandise in the company warehouse using a combination forklift/operator-up platform also known as an order picker. This order picker had been modified to add an additional platform which did not have guardrails.
The worker was found on the floor and the cause of death was determined to be blunt force trauma to the head resulting from a fall.
A MOL investigation found a range of violations of the Occupational Health & Safety Act (the Act) and the regulation governing Industrial Establishments (Reg. 851) including failure to provide training and fall protection equipment. In fact, the MOL reported there had been no health and safety training for workers in the warehouse. 
Baldev Purba and Rajinder Saini were charged with failing as directors of New Mex Canada Inc. to take reasonable care that the corporation complied with the Act and regulation. Both pleaded guilty and were ordered to serve 25 days in jail [the Act, s. 66(1)]. They were also ordered to take a health and safety course within 60 days.
The corporation was fined $250,000 after pleading guilty to failing to provide information, instruction and supervision to a worker regarding fall protection and/or working from heights [the Act, s. 25(2)(a)] and failing as an employer to ensure safety measures required by law were carried out [Regulation 851, s. 85(a)]
The corporation and the directors were sentenced on January 13, 2015.
Want to know more from the MOL about this conviction?
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