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Work Place Safety
Scarborough-based company pleads guilty to safety violation, fined $10,000
KITCHENER - A Scarborough-based company, 398701 Ontario Ltd., operating as Structural Restoration, pled guilty yesterday to one count of employing uncertified staff to install heating vents, contrary to provincial requirements under the Technical Standards and Safety Act, 2000 (the Act), and Ontario Regulation 212/01, Gaseous Fuels (Regulation).
The Ontario Court of Justice in Kitchener fined the defendant $10,000,
plus the 25% Victim Surcharge, given the circumstances of the case.
398701 Ontario Ltd. and defendant John DeClute of Scarborough, Ontario
were charged with using uncertified employees in the installation of heating
vents in a multi-unit residential building at 400-440 Strasburg Road in
Kitchener.
In October of 2005, property management for the Strasburg Road residences
had discovered improperly connected heating vents as well as furnaces plugged
with insulation. Upon closer investigation, the Technical Standards and Safety
Authority (TSSA) determined that 398701 Ontario Ltd. (Structural Restoration)
had not taken reasonable precaution of ensuring any of its agents or employees
held a Gas Technician Certificate as required by Regulation.
Counsel representing 398701 Ontario Ltd. and John DeClute appeared in
court on December 19, 2007 and subsequently pled guilty on behalf of the
defendants.
"This conviction should send a clear, compelling message of safety to the
community and all across the province," says John Marshall, Director of TSSA's
Fuels Safety Program. In Ontario, all agents employed in the handling,
storage, transportation or use of fuels must possess valid certification, as
per Ontario Regulation 215/01, Fuel Industry Certificates.
"Prosecution for non-compliance is an important tool of enforcement,"
says Marshall. "However working with stakeholders toward compliance and
cooperation, often in proactive partnership, is the cornerstone of fuels
safety."
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