Hershey Canada Inc. fined $50,000 for health and safety violation
PERTH, ON, Aug. 11 /CNW/ - Hershey Canada Inc., a Mississauga, Ont.-based chocolate and candy manufacturer, with a plant in Smiths Falls, Ont., was fined $50,000 on August 9, 2005 for a violation of the Occupational Health and Safety Act that resulted in a serious hand injury to an employee.

On July 3, 2003, a worker was scooping peanuts out of a hopper as part of a cleanup in preparation for shutting down a chocolate candy production line when the worker's hand came in contact with an energized, moving auger located at the bottom of the hopper. The incident resulted in the worker losing a portion of a finger on the left hand. A Ministry of Labour investigation found the hopper had not been stopped and locked out, as required by the Regulations for Industrial Establishments. The incident occurred at the company's plant at 1 Hershey Drive in Smiths Falls.

Following a trial, Hershey Canada Inc. was found guilty, as an employer, of failing to stop any motion on the hopper that could endanger a worker while the hopper was being cleaned, as required by Section 75 of the Regulations for Industrial Establishments. This was contrary to Section 25(1)(c) of the act.

The fine was imposed by Justice of the Peace Richard Sculthorpe of the
Ontario Court of Justice in Perth. In addition, 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.


Court Information at a Glance

Location: Ontario Court of Justice
80 Gore Street East
Perth, Ontario

Judge: Justice of the Peace Richard Sculthorpe

Date / Time: August 9, 2005, 9 a.m.

Defendant: Hershey Canada Inc.

Matter: Occupational Health & Safety


For further information: Contacts: Belinda Sutton, Ministry of Labour,
(416) 326-7405; Brian A. Blumenthal, Crown Counsel, Legal Services Branch, Ministry of Labour, (416) 326-7948

[This message has been edited by Webmaster (edited 08-12-2005).]