Convicted: Trouw Nutrition Canada Inc., ISO Research Lane, Suite 200, Guelph, Ontario.

Location of Workplace: 600 James Street South, St. Marys, Ontario.

Description of Offence: A worker employed by Trouw Nutrition suffered an injury at the workplace due to a lift truck accident. Trouw Nutrition failed to notify an inspector immediately of the occurrence of a critical injury, as required by s. 51(1) and contrary to s. 66 of the Occupational Health and Safety Act.

Date of Offence: March 26, 2019.

Date of Conviction: March 1, 2022.

Penalty Imposed:

  • Following a guilty plea in provincial offences court in Stratford, Trouw Nutrition Canada Inc. was fined $25,000 by Justice of the Peace Tammy L.A. Waugh.
  • 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 March 26, 2019, a worker employed by Trouw Nutrition was operating a lift truck in order to move bags of animal feed material.
  • The worker was traveling forward on the lift truck when they unexpectedly came into contact with a post, injuring the worker.
  • After completing their task, the injured worker notified their supervisor of the incident, who drove the worker to the hospital to be examined.
  • A doctor at the hospital told the supervisor the nature of the injury. That night the supervisor reported the injury to a Trouw Nutrition manager.
  • Trouw Nutrition did not at that time report the critical injury to the Ministry of Labour, Training and Skills Development.
  • Section 51(1) of the Occupational Health and Safety Act provides that when a person is critically injured at a workplace, the employer shall notify a Ministry of Labour, Training and Skills Development inspector immediately by telephone or other direct means.
  • Accordingly, between March 26 and 27, 2019, Trouw Nutrition failed to notify an inspector immediately of the occurrence of a critical injury at the workplace located at 600 James Street South, St. Marys, Ontario, as required by s. 51(1) and contrary to s. 66 of the Occupational Health and Safety Act.