Ontario Curtain Wall Assembler Fined $50,000 for 2 Violations
Wednesday, July 20th, 2011
A Concord, Ontario-based curtain wall assembler, Zimmcor, Inc., was fined $50,000 last week for two violations of the Occupational Health and Safety Act, as a result of an accident in which a worker was seriously injured.
Workers were attempting to move a cart holding several 22-foot-long aluminum extrusions on January 23, 2009, after that cart became wedged between several others. One worker was positioned between the cart they were trying to move and another cart, and as he pushed on the wedged cart, other workers were pulling. As they did so, the cart tipped over, causing the load to fall on and fracture the pushing worker’s leg. When a co-worker tried to limit the damage by attempting to remove adjacent bundles of extrusions with a forklift, the forklift accidentally touched the cart and more extrusions fell on the injured worker’s leg.
An investigation by the Ministry of Labour determined that the extrusions were not properly balanced or secured on the cart. An inspector examined the workplace on January 26, 2009, and also observed that shields on a double-bladed chop saw were tied with metal holdbacks, which rendered the shields ineffective as a means of protecting workers from the hazards posed by the saw’s moving blades.
Zimmcor Inc. pleaded guilty to failing to ensure that the load being transported, placed or stored would not tip, collapse or fall, and to ensure that the load could be removed or withdrawn without endangering the worker. The company also pleaded guilty to failing to take the reasonable precaution of ensuring that the shields on a double-bladed chop saw were not rendered ineffective by metal holdbacks.
As a result of these guilty pleas, Zimmcor Inc. was fined $45,000 for the count that led to the worker’s injury, and $5,000 for the charge related to the chop saw. The fine was imposed by Justice of the Peace Malik Asad, who also imposed a 25% 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.












