Court fines company but injured workers group displeased

News Story
- 8 Aug 2013 ( #628 ) - Harbour Grace, NL, Canada
2 min read
The Newfoundland Labrador Injured Workers Association is expressing disappointment with the significance of CAD40,000 in fines against Barry Group Inc after a forklift struck a fisherman at the wharf in Harbour Grace in August 2010. The victim was not a Barry Group employee.

The Service NL agency for the province of Newfoundland and Labrador says Barry Group was sentenced in Harbour Grace Provincial Court on 25 June 2013 after pleading guilty to two violations of the Occupational Health and Safety Act.

Harbour Grace is a town in Conception Bay on the Avalon Peninsula in the province.

The support group for injured workers believes the fine was insufficient as a deterrent and that the May 2012 results from the investigation of Service NL's Occupational Health and Safety Division downplayed the severity of the victim's injuries. Patricia Dodd, association president, says the fisherman experienced major brain and mobility issues stemming from the incident.

The company pleaded guilty to the charge of failing to ensure that the maintenance of the forklift met the requirements of the applicable Canadian Standards Association standard and received a CAD10,000 fine. It pleaded guilty to the charge of failing to conduct the undertaking so that persons not in their employ were not exposed to hazards and must pay a CAD25,000 fine. The company must make a CAD5,000 contribution to the minister of Service NL for the purpose of public education. That brings the total to CAD40,000 in penalties.

The province withdrew two remaining charges against the company and a single charge against a company supervisor.

Barry Group, based in St John's in Newfoundland, has been involved in fish harvesting and processing since the 1830s.

The Newfoundland Labrador workers association and groups in other provinces were affiliated with the no-longer-active Canadian Injured Workers Society and its "justice" campaign. The society sought "to promote fair and equitable compensation for injured workers in Canada, to address the mistreatment of injured workers and to voice the common concerns of injured workers across Canada".
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