The Department of Government Services announced today that ERL Enterprises Limited was sentenced in provincial court in St. John’s after pleading guilty to two violations under the Occupational Health and Safety Act.
In fact, The Telegram carried this story in its print edition Sept. 1 following the court proceedings.
The story at that time read:
A St. John's auto repair shop has been handed a hefty fine for an accident that left an employee with a broken back and possibly unable to work again.
In provincial court Wednesday, ERL Enterprises Ltd. was fined $7,000 and ordered to pay another $900 in victim surcharges to the court.
Defence lawyer Genny Dawson, acting on behalf of the company, entered guilty pleas to two violations under the Occupational Health and Safety Act and Regulations - failing to provide adequate or proper training to its employees and failing to ensure that safe work procedures are followed in the workplace.
The company was charged after a following a lengthy investigation by Occupational Health and Safety officials.
The accident happened Sept. 28, 2010, on what was a busy day at the garage on Blackmarsh Road.
A man was repairing a vehicle when it rolled and pinned him underneath.
He suffered a broken back, fractured ribs and bruising.
According to information provided to the Crown, the man is still in a wheelchair and may never be able to work again.
The investigation revealed that the brakes on the vehicle had not been properly set and blocks had not been placed behind the wheels to prevent it from rolling.
As well, since the vehicle was parked partially inside the garage doors, it's believed it was not resting on a level surface.
Crown prosecutor Jason House recommended a fine of $4,500 for each of the two charges, while Dawson suggested $2,000 for each count.
Dawson pointed out that the supervisor on duty that day did speak to the employee about putting blocks behind the wheels, "but he didn't take those precautions."
She said the company now has a safety plan in place.
Calling it an "unfortunate accident," Judge Robert Hyslop settled on $3,500 for each count.
"I think if everybody had their time back and could fix things, they would," he said.
Charges have also been laid against a second ERL Enterprises Ltd. employee, who was believed to have been supervising that day.
Paul Dunn has pleaded not guilty to charges of failing to provide proper oral or written instructions regarding the precautions necessary to protect workers.
Dawson told the judge Dunn was not the supervisor on duty that day.
The Crown plans to look into the matter and is expected to have more information when Dunn's case returns to court Nov. 2.
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