Holmes Tire Inc., a commercial tire supplier in Orangeville, Ont., was fined $75,000 for a violation of the Occupational Health and Safety Act after a worker was killed. Michael Holmes, the worker's supervisor and president of the company, was fined $10,000 in relation to the same incident.
On July 8, 2011, a worker was replacing a tire on an excavator at a customer's workplace in Erin. The worker used two jacks to lift the rear of the excavator, with at least one jack on a wooden block. There were no other stands supporting the vehicle. While the worker was under the excavator, it tipped off the jacks, fatally crushing the worker.
Holmes Tire Inc. pleaded guilty to failing, as an employer, to ensure that the excavator was securely and solidly blocked to prevent it from moving or falling on the worker. Michael Holmes pleaded guilty to failing, as a supervisor, to ensure the same.
The fines were imposed by Justice of the Peace A. James Child. In addition to the fines, the court 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.