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HomeMy WebLinkAboutThe Goderich Signal-Star, 1982-10-20, Page 1Domtar fined $10,000 for accident Domtar Incorporated was fined $10,000 in provincial court here Wednesday for one conviction in the death of Gordon Wayne Powell last November 27. Provincial Judge Alexander Davidson of Toronto dismissed one charge against the company for failing to provide equipment, materials and protective devices as prescribed by the Ontario Occupational Health and Safety Act. The company was convicted for failing to ensure'that prescribed safety measures were carried out in the workplace. Domtar was charged for failing to provide a stopblock, berm or flagman at the site in south drift No. 3 where fine salt was stored and ter reclaimed. Evidence indicated that truck drivers had the option of unloading salt on the lower level of the site or dumping on top of the storage pile. The charges arose out of a November 27 accident in which Powell was crushed to death when the truck he was driving in reverse fell down an 18 foot bank into a salt pit. rowel' was alone at we sue at the time of the accident, which was discovered by fellow driver Jacques Richard. Evidence given at the two-day trial left doubt as to whether or not .Powell was attempting to dump his load at the time of the accident. Testimony indicated the dumping mechanism on the truck had not been activated and Judge Davidson said he was not satisfied from the evidence that Powell was at- tempting to dump his load over the 18 foot bank. Subsequent to that, Judge Davidson dismissed the first charge under the regulation which states that a bumper block or a ridgeof material must be provided where material is dumped over a bank or bench. But the company was convicted on a second charge for failing to provide a flagman "where the motor vehicle is to be operated in reverse and the operator or any other person maybe endangered thereby..." Judge Davidson said that evidence indicated "this type of accident has happened twice before, in fact there is no doubt the accidents had happened and the the eric company was aware." Management knew that drivers continued to dump over the edge, Judge Davidson said, although the driver had the choice of dumping on the bottom level. Subsequent to the accident, with Ministry of Labour officials present, the company adopted new dumping guidelines which required drivers to.stay 15 feet from the edge when dumping a load of salt. "The material could have been dumped on the floor and pushed back and I don't know why they didn't insist on that," Judge Davidson said. "It would have been a reasonable answer but after the accident the notice was amended to 15 feet from the edge." Judge Davidson suggested that there was nothing in place at the dumping site to prevent a truck from going over the edge. "The evidence shows they knew of the danger because trucks went over before," Judge Davidson said. "There is no doubt the accident would not have occured if someone else was there and therefore the company did not take reasonable precautions." In imposing the $10,000 fine, Judge Davidson said he had to take into account the cothpany's awareness of the situation adding that "it was unfortunate that someone was killed before the sijuation was remedied." Speaking to the conviction, Domtar lawyer Dana Fuller said it was not a case where an example should be made. "The company is doing a widespread audit of its procedures," he said. "The company is using a world- renowned program that will develop means and procedures to prevent accidents." Domtar also faces three charges in connection with the November 9, 1981 death of Stephen Girard Palmer of Goderich who was killed after he became trapped between a metal chute and a conveyor belt. Those charges will be heard in provincial court December 21. Charges against three mine supervisors will be spoken to December 22 in provincial court. 134 YEAR -42 GODERICH, ONTARIO, WEDNESDAY, OCTOBER 20, 1982 50 CENTS PER COPY People's Store will be rebuilt A Montreal architect says be has been authorized to commence drawings for a new People's Store building on the Square. In a report to council Monday, C nmissioner of Works Ken Hunter said he met with the company's architect and People's Stores district supervisor, Mike Coates to discuss the fate of the present People's store on The Square. Montreal architect, Mr. Bernstein, indicated the company has authorized him to continence drawings for a new store. The foundation and side walls will be incorporated into the design of the new structure.' , The architect indicated the building floor will be at . grade level and will be concrete. The front facade will be constructed to the required height and will be designed in accordance with the requirements of the Local Architectural Conservancy Advisory Com- mittee. Hunter reported that drawings for the new store would not be completed for a few months and con- struction was not likely to begin, until late winter or early spring. . New council will deal with matter The incoming municipal council will be asked to deal with a motion delaying the town's application for funds to the Ministry of Environment for upgrading, of the water distribution system. In September, council agreed to apply to the ministry for a grant to proceed with the upgrading of the water distribution system at a cost of $1.8 million. However, at a subsequent meeting, council recon- sidered the proposal and asked that the application to the ministry be witheld until the financial details could be finalized. • The motion to withold the application was to be tabled until the October 18 meeting to which mem- bers of the PUC were invited to discuss the matter. In a Ietter from manager Al Lawson, the PUC declined the invitation and so the motion to delay the ap- plication will be held over for the new council. In the sameletter, manager Lawson asl ed that council enact a bylaw authorizing the PUC to deposit surplus water department funds into a reserve ac- count for the water system project. Administrator Larry McCabe indicated that such a bylaw was already in place. Council has also authorized McCabe, by motion, to obtainthe status of PUC water system expansion reserve fund. The motion followed a request by McCabe who said he was unable to obtain the in- formation from the PUC by phone. Councillor Jim Searls said there was an obvious lack of communication between the administrations of the town and PUC and suggested the administrator could "walk across the street and get the in- formation." Councillor Glen Carey suggested the information should have been made available by phone. "That's ridiculous," he said. "If you can't do business by calling on the phone then they are not taking a businesslike approach." INSIDE THE SIGNALSTAR Approximately 150 children participated in the third annual skate-a-thon to raise money for minor hockey and the figure skating club. Drea confirms that 'ntre will bephased out ce - is definitely eying the facility as a detention centre for young offenders. "'The minister indicated that the Bluewater Centre would be an ideal site for a detention centre and the phasing out could be complete by 1985 when the province introduces the Young Offenders Act," he said. "It wouldn't be a prison facility but a centre for disturbed young people and it will likely be a gradual phasing out and gradual phasing in project." Information indicating the Bluewater Centre for the Developmentally Handicapped will be phased out in the near future was confirmed by Social and Community Services Minister Frank Drea Monday. Huron -Middlesex Liberal MPP Jack Riddell told the Signal -Star Monday that a leaked government report, recommending that six centres for the developmentally handicapped across the province, be closed was correct. However, ,while much of the government report was termed to be The prospect of closure and loss of jobs has factual, in.that the centres would be phased out, loomed over the facility before, specifically in 1976 • the government has set no time limits on the when the psychiatric hospital was elosed. project. However, Riddell said the minister has offered The• government report, prepared June 30, assurance that staff would not simply be ter - recommended the closiii of six cel- res f ttb nated,..,...,._ ._ developmentally •handicapped including • -'Bluewater—Centre; StThomas---A d iwiir slily-Ge— Rehabilitation Centre and four others in Aurora, needed at the facility and other staff members are Brockville; Cobourg and Whittiy,=The report♦vas s deliberately leaked to the St. Thomas Times - Journal by the minister, Riddell said. Riddell said he spoke with Drea Monday and was assured _that_while the ministry will move,to phase out centres for the developmentally han- dicapped "it will not happen overnight and the • staff will be taken into consideration." "The ministry will definitely move to phase out such centres in the province since fewer people require such services," Riddell said. "Many handicapped leave to take part in more com- munity -oriented programs and settings while others may have to go to larger institutions." While the ministry will move towards phasing out the centre Riddell confirmed that the ministry being.: taken into consideration, he said.. The ministry feels that since it is a gradual move, attrition will take care of many staff positions and others may have to be relocated in provincial -institutions:" The leak of the recommendations contained in the June 30 report caught many people off guard, including Bluewater Centre administrator, Bill Gregg. "Well there have been a lot of rumors about this place before but I was not aware of the report or its recommendations," he said. "I made the regional office aware of the situation but did not receive astatement from them Monday." Turn to page 2 Four candidates seek mayor's chair The mayoralty race in the November 8 municipal election in Goderich promises to be a good one. At the close of the nomination period Monday, four candidates, Eileen Palmer, Bob Alien, Stan Profit and Ernie Fisher had filed notice of their intention to run for mayor. The mayor's chair is being vacated by Harry Worsell, 60, a plumbing and heating contractor who is uncontested in his bid for reeve in the November 8 election. Worsell has served as mayor of the town for eight years after first being elected in 1970. He was re-elected in 1972 and after a two- year absence' from municipal politics, was suc- cessful in the 1978 election against candidates Don Wheeler and Deb Shewfelt, In 1980 he defeated Palmer in the mayoralty race. The four candidates for mayor are no strangers to Municipal ,politics. Palmer was, first elected to town coun`cT in 19i2 but-IM-11—Close battle `foi• deputy -reeve with Bill Clifford in 1974, ' Palmer returned to the council table in 1976 as deputy -reeve and in 1978 she moved up to the reeve position. She has served on numerous town and county council committees and was a director on the Association of Ontario Municipalities board of directors for three _years. Stan Profit is a 12 -year veteran of municipal politics who was first, elected as a councillor in 1970. He has served terms as both deputy -reeve and reeve, representing the municipality on county council. Deputy -reeve Bob Allen has been involved in municipal politics for eight years..having served two terms as a. councillor in 1974 and two terms as deputy -reeve. For the past four years he has acted as one of the town's representatives on Huron County council. Ernie Fisher is also a veteran of municipal politics and is a former Goderich mayor and reeve. Most -recently- Fisher -has--been-employed- with the provincial government. Elevenvie for sii.iii6ffseits Last minute shuffling of nomination papers has created some interesting races in the November 8 municipal election and left other positions un- contested.. Mayor Harry. Worsell announced several weeks ago - that he was stepping to reeve and he remains un- contested in that position. The same applies to the deputy -reeve position where Jim Britnell acquired the post by acclamation. Don Wheeler and Jim Magee had also filed nomination papers for the deputy -reeve position but they were withdrawn by the deadline. The real race is for six council positions as 11 hopefuls have let their name stand for election. Councillors John Doherty, Jim Magee, Jim Searls, Glen Carey will seek re-election and reeve Don Wheeler will also seek a council seat. The new faces vying for a council seat are Bruce Ryan. Dave Harrison, Ed Giesbrecht, Maria Metcalfe, Bill Clifford and Bob Cornish. • . There -.will .,also... be an. election for. P1:C_ as. five - candidates seek one of four seats on the commission. The candidates include Jim Peters. Herb Murphy, Len Sheardown, Tom Melady and Doug Bundy. This election. the town's representation on the 'Huron County School Board has been reduced from two to one trustee. Jim Kingsley, ,lean Adams and Dorothy Wallace are seeking election to the board. Town separate school supporters will also go to the polls to elect a trustee to the Huron -Perth Roman Catholic Separate School Board. Anne Steward and Michael Moriar ty are seeking election to the board. Music marathon The halls and auditoriums of Goderich and District Collegiate. Institute were filled with melodic sounds as a number of students participated in the school's music marathon Saturday. The school bands and choir participated in the one -day marathon to raise money for the school music program. Pictures can be found in the fust section. Celebrity dinner Don Cherry and Rudy Pilous provided some hilarious entertainment at the Sports Celebrity Dinner held here Friday. The dinner was organized -by-the executive of the Goderich-Sailors-Hockey-club--- ---- with-proceeds going to -minor hockey. A -picture and story on the dinner appears on the Recreation page. Fall fashions With the prospect of snow looming large, it's time to turn thoughts towards fall and winter fashions. Joanne Buchanan presents a preview of fall and winter fashions, as displayed at .Victoria School Wednesday, in the second section.