Convicted: Yuqin Liu, Supervisor, L.Z. Refrigeration Inc., 168 Jenny Wrenway, North York, Ontario.

Location of Workplace: 1870 Birchmount Road, Scarborough, Ontario.

Description of Offence: A worker employed by L.Z. Refrigeration Inc. was fatally injured at the workplace while operating an Elevating Work Platform (EWP). Yuqin Liu failed as a supervisor to ensure that a worker worked in a manner and with the protective devices, measures and procedures as required by the Occupational Health and Safety Act. They also failed to provide the worker with oral and written instructions or training on the operation of an EWP which includes instructions with respect to the owner’s manual. This is an offence under s. 27(1)(a) of the Occupational Health and Safety Act, and, in particular, s. 147(1) of Regulation 213/91.

Date of Offence: March 13, 2020.

Date of Conviction: July 27, 2022.

Penalty Imposed:

• Following a guilty plea in Provincial Offences Court in Toronto, Yuqin Liu was fined $20,000 by Justice of the Peace Felicitas M. Camposano; Crown Counsel Joe Ferraro.
• 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:

• L.Z. Refrigeration Inc. was hired on March 5, 2020, as a subcontractor to install refrigeration panels for a walk-in, cold storage room at the workplace.
• Yuqin Liu was a director and a supervisor of L.Z. Refrigeration Inc.
• On March 13, 2020, at approximately 1:00 pm, the worker was by himself operating an EWP.
• At some point, the worker activated the EWP joystick for controlling elevation. The platform elevated and as the EWP continued to rise, the worker became trapped between an overhead beam used to support electrical wires and the elevating platform's guardrail near the control box suffering crushing injuries.
• The worker was unable to free himself and succumbed to his injuries.
• Yuqin Liu failed as a supervisor to ensure that the worker operated the EWP as required by the Occupational Health and Safety Act. Specifically, they failed to ensure the worker was provided with oral and written instructions or training on the operation of an EWP which includes instructions with respect to the owner’s manual. This is an offence under s. 27(1)(a) of the Occupational Health and Safety Act, and in particular, s. 147(1) of Regulation 213/91.