R. Little

The defendant, Linamar Holdings Inc. operating as Transgear Manufacturing, was sentenced following a guilty plea and joint submission for a serious workplace injury to an employee.

The court imposed a fine of $150,000.00 plus costs and surcharge, payable within 90 days.

The sentencing considered the defendant's prior convictions at neighbouring facilities (one fatality and one critical injury), the immediate corrective actions taken by the defendant following the incident, and ongoing safety improvements implemented to address workplace hazards related to lockout and troubleshooting procedures on hazardous machinery.

The Ontario Ministry of Labour prosecuted Linamar Holdings Inc. (operating as Transgear Manufacturing) on three counts under the Occupational Health and Safety Act arising from a workplace accident on May 20, 2009, in which a certified millwright, Amelio Aramini, was electrocuted while troubleshooting a leak in an induction hardening machine (KVA 003).

Count 1 alleged failure to ensure prescribed measures under Ontario Regulation 851, section 41 regarding signage in rooms or similar enclosures containing exposed live electrical parts.

Count 2 alleged failure to provide information, instruction, and supervision regarding safe troubleshooting procedures and electrical hazards.

Count 3 alleged failure to acquaint the worker with electrical hazards.

The court found the defendant guilty on Count 2 only, dismissing Counts 1 and 3.

The decision emphasizes that troubleshooting is an exception to lockout procedures, that the defendant failed to provide adequate machine-specific guidance for troubleshooting, and that the unmarked electrical bus bars resembling water pipes contributed to the accident.