On July 19, 2013, the worker at the company’s aggregate pit on Durham Regional Road 13 in Sunderland, Ontario, Canada, was trapped in a sand and gravel hopper while trying to clear a blockage.
St. Marys Cement pleaded guilty to failing as an employer to ensure measures and procedures specified by the law were carried out in the workplace, and was fined in a Newmarket, Ontario, court last month.
A Ministry of Labour investigation found the employer failed to ensure that before a worker entered into any container or structure containing bulk material, all material being removed or added to it was stopped.
In addition to the fine, the court imposed a 25 percent 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.