The defendant, a motor vehicle manufacturer, was charged with failing to ensure that prescribed occupational health and safety measures were carried out at its Brampton facility.
Specifically, the defendant failed to install guardrails at an open side of a raised platform (the Underbody Re-Spot Station) where an employee fell and sustained serious injuries.
The defendant argued that section 20 of the regulation applied instead of section 13, that the platform qualified as an exempt "pit," and that it had exercised due diligence.
The court rejected all defences and found the defendant guilty, holding that guardrails were required under section 13(1)(b) of Ontario Regulation 851/90, that the platform was not a "pit" within the meaning of the exemption, and that the defendant had not taken all reasonable precautions.
