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On March 22, 2012, Carica Construction Inc. was convicted on two
violations under the Environmental Protection Act. The company
failed to report a spill of hydraulic oil, and fired the employee
who did report it.
Carica Construction Inc operates at 667 St Clair St, Sudbury, ON
P3E 4G9, Canada. In 2008, the company was retained to build a new
dam at the Ragged Chutes Generating Station on the Montreal River
in The Township of Gillies Limit. During construction, the
hydraulic fluid line on an excavator burst and leaked hydraulic oil
onto the ground.
The company cleaned up the spill and put the contaminated
gravel, sand and absorbent pads into the bucket of a loader where
they remained overnight. The company's health and safety
supervisor oversaw the clean-up, but didn't report the
spill.
The spill was reported to the ministry by a company employee
later that evening. The company fired the employee for reporting
the spill.
The company was fined $35,000 for failing to report the spill
and $40,000 for firing an employee, of which $8,000 was to be paid
to the employee as restitution for lost wages, pursuant to a
Probation Order. The total fines were $75,000 plus the 25% victim
fine surcharges.
This is the first conviction in Ontario for the offence of
firing an employee because the employee complied with the
Environmental Protection Act.
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