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.