Convicted: Schindler Elevator Corporation, 3640A McNicoll Avenue, Toronto, Ontario, a company that manufactures elevators, escalators and moving walks.

Location of Workplace: A building owned and operated by Ottawa Community Housing Corporation at 445 Richmond Rd., Ottawa Ontario

Description of Offence: A worker was injured while lubricating ropes on an elevator at an Ottawa building.

Date of Offence: June 15, 2019.

Date of Conviction: September 2, 2021.

Penalty Imposed:

  • Following a guilty plea in provincial offences court in Ottawa, Schindler Elevator Corporation was fined $60,000 by Justice of the Peace Louise E. Rozon; Crown Counsel Indira Stewart.
  • The court also imposed a 25-per-cent 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.

Background:

  • On June 5, 2019, a worker employed by Schindler was performing maintenance work in the elevator machine room located at 445 Richmond Rd., Ottawa Ontario, a building owned and operated by Ottawa Community Housing Corporation. The task in question involved lubricating ropes on an elevator,
  • While performing the task in question, the worker was wearing gloves while the elevator was in motion. While Schindler had a policy instructing workers not to wear gloves around moving machinery, the worker in question was not aware of this policy.
  • The worker’s hand was subsequently pulled into the in-running nip point created by the elevator’s hoist ropes and sheave. As a result of the incident, the worker sustained injuries.
  • Section 25(2)(h) of the Act requires an employer to take every precaution reasonable in the circumstances for the protection of a worker.
  • Schindler Elevator Corporation failed to take the reasonable precaution of ensuring that a worker did not wear gloves while exposed to the hazard of working near moving machinery.