Blog Post #40 – Lavigne Tire Company Ltd, supervisor fined total $77,500

Blog Post #40 – Lavigne Tire Company Ltd, supervisor fined total $77,500

Lavigne Tire Sales Limited, a retailer and installer of tires in Burlington, was fined $70,000 on September 9, 2009, for a violation of the Occupational Health and Safety Act (OHSA) after a worker was critically injured. Supervisor Dave Montour was fined $7,500 in relation to the same incident.

On April 20, 2007, a mechanic was using a tire changing machine to install a tire on a rim. This involved expanding the tire with air until it popped into a groove on the rim. Partway through the installation, the tire exploded. It struck the worker on the head and upper body, causing serious injuries to the head, upper body, jaw and wrist.

A Ministry of Labour investigation found that the air pressure pumped though the tire changing machine during the installation far exceeded the air pressure recommended by both the machine’s and the tire’s manufacturers.

Lavigne Tire Sales pleaded guilty under the OHSA to failing, as an employer, to ensure the manufacturer’s instructions were followed when installing and inflating a tire on a rim. Dave Montour pleaded guilty to failing, as a supervisor, to ensure the same.

The fines were imposed by Justice of the Peace Jerry Woloschuk. In addition to the fines, 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.

My opinion,

The two sections that the company and supervisor were charged and convicted under are worded exactly the same.

Section 25, (2h) states,
“The employer shall take every precaution reasonable in the circumstances for the protection of the worker.”

Section 27, (2c) states,
“The supervisor shall take every precaution reasonable in the circumstances for the protection of the worker.”

The MOL felt the company and the supervisor needed to make sure their employees followed the manufacturer’s safe handling practices. The supervisor needs to be competent, as defined by the act and the employer needs to make sure that their supervisors receive training towards competency.

Section 25, (2c) states,
“When appointing a supervisor, the employer must appoint a competent person.”

What is a competent person as defined by the ACT?

A Competent person means a person who,
a) Is qualified because of knowledge, training, and experience to organize the work and its performance
b) Is familiar with the ACT and the regulations that apply to the work, and
c) Has knowledge of any potential or actual danger to health or safety in the workplace

The key word in all this is training. Gone are the days where you hire your brother-in-law and make him a supervisor. The new age supervisor needs better training and have the full understanding of the law. That includes the understanding that the health and welfare of their employees are their responsibility and they can be held liable.

In this case, the supervisor needed to know the proper specifications for the tire inflation machine and double his efforts to ensure that his employees follow the manufacturer’s instructions. There should have been written work instructions highly visible near the machine for operators to review. The training and proper orientation of any NEW employee would include following the manufacturer’s safe handling procedures.

This accident was just waiting to happen. To be called a critical injury there must have been a susbstantial loss of blood, and/or the operator might have been knocked out, and/or a broken leg or arm and/or a loss of sight in one eye.

Remember, training is important to the supervisor as well. Maybe even more so.

Remember — In Ontario, “ALL Accidents are Preventable”

‘Work’ and ‘Play’ safe.

Daniel L. Beal
CHSEP – Foundation Level
VP & Senior Trainer
HRSGroup Inc.



  1. Pantaleo

    Excellent blog.

  2. Wildoner

    Hey, nice blog. I was just looking around some blogs and it seems a pretty nice platform you are using.

  3. Harmeson

    Well done.

  4. Nissalke

    Love to read such things, they always interest me and usually I have a question: why?

  5. Zosia

    Just marked the topic. Useful news.

  6. Bigney

    Well done.

    1. Jane

      You’ve got the right answer!

  7. Steffi

    Great enthusiast from this page, a ton of your posts have seriously helped me out. Looking forward to upgrades!

  8. Tigerino

    You really make it seem so easy with your presentation but I find this matter to be really something which I think I would never understand. It seems too complicated and extremely broad for me. I am looking forward for your next post, I will try to get the hang of it!

    1. Cornelia

      Wow! Why can’t I think of things like that? Nicely done!

  9. Jimbo

    Your post is very interesting. I’ve read your blog for few days now and I trully enjoy your blog. Thank you for your great work!

  10. Linser

    Interesting post – thanks for sharing your thoughts.

  11. Nostrand

    Nice blog.

  12. Gregory

    Great blog.

  13. Gabriella Nachor

    Very interesting entry, I look forward to the next!

  14. Ming

    Good post… Just killing some time at work browsing searches and found your post. Great looking page. I will have to save your page to come back.

  15. Tenenbaum

    Great article!

  16. Kinstle

    Great information.

  17. Dr. Clark

    Excellent work. Keep it up!

  18. Kightlinger

    Man I love your post and it was so good and I am gonna bookmark it. I Have to say the indepth analysis you have done is greatly remarkable. No one goes that extra mile these days! Just one more suggestion you can install a ‘Translator’ application for your Worldwide Audience !!!

  19. Kubler

    This is such a great resource that you are providing and you give it away for free. I love seeing websites that understand the value of providing a quality resource for free.

  20. Kakub

    Amazing post, do you have contact details ? I need a writer for my blog.

  21. RM6


  22. Ava Younts

    Very interesting entry, I look forward to the next! Thx for share

  23. McConahay

    Very very nice.

  24. Renard

    Excellent blog.

  25. Michele

    Excellent layout.

  26. Rorie

    Excellent blog.

    1. Kevrel

      I have to stand back from the keyboard in amazement! Thanks!

  27. Paul


  28. Mr. Java

    Kudos to you! This is a really good blog here and I love your style of writing. How did you get so good at blogging?

  29. Hebeisen

    Wonderful blog!

  30. Marnie

    Excellent work.

  31. Laura

    Excellent blog!

  32. Mike

    I tried to register to your rss feed, but I had a problem adding it to google.

  33. Christopher

    Well done!

  34. Chrissy

    Well done!

  35. Jesus Baratta

    Excellent information.

  36. Vercher

    Just tossing you a word of advice. Keep up the good work.

  37. Chane

    Excellent information.

  38. Dave Montour

    It would have been nice if the MOL was concerned about how and why the accident occurred instead of just looking to fine the company and there was never an investigation of why the incident occurred, just who was going to pay and how much!

  39. Jessica

    Keep up the great work!

  40. Charles


  41. Doniel

    Keep up the good work!

  42. Olivia

    That’s really thinking out of the box. Thanks!

  43. Gwen

    Beautiful site!

  44. Montell

    Very nicely done!

  45. Jason

    Keep up the good work.

  46. Hester

    Thanks for your sharing. Best Regards.

  47. Michael

    Hi! I just want to tell you that I found this blog really useful to me. I will visit this blog regularly to read more. Thanks.

  48. Margaret

    Excellent information.

  49. Mach Mavin

    Hello! Just want you to know that I really found this website really helpful to me. I will come back to this blog more often to read more. Thanks.

  50. Michelle

    Excellent blog.

  51. Kummer

    I want to thank you for all the great information you are providing.

  52. Manny

    I really liked the article, and the very cool blog.

  53. Georgia

    Really great article with very interesting information.

  54. Ehresman

    I was very excited to read through this post.I wanted to thank you personaly for taking your time collecting all these valuable information!

  55. Roberta

    Good for you, man.

  56. Segar

    Hello there, just became aware of your blog through Google, and found that it’s truly informative. I will be grateful if you continue this in future. A lot of people will benefit from your writing.

  57. Borgias

    Hey there, I quite like checking your page, I wanted to put in writing a little remark to say thank you.

  58. Havatone

    My compliments to the writer.

  59. Barney

    I wanted to say thanks for all the great information you are providing.

  60. Ruby

    Keep up the great work!

  61. Palaspas

    Boy, another great blog!

  62. Kindregan

    Have you ever considered creating an ebook or guest authoring on other websites? I have a blog based upon on the same information you discuss and would love to have you share some stories/information. I know my subscribers would value your work.

  63. Luis

    Hеllο! Τhis is my first comment here so I juѕt wanted to
    gіve a quick ѕhout out and tell you І truly enjοу
    гeading thгough yοur blog рosts.

  64. Kim

    I wanted to thank you for all the great information you are providing.

  65. Demie

    Thank you a bunch for sharing this with all of us.

  66. Kerrie

    You’re so intelligent.

  67. Ann Pinczak

    Many thanks!

  68. Donna

    Your company is very impressive.

  69. Ann Pinczak

    Many thanks for everything!

  70. Samantha

    You made some first rate facts there.

  71. Xavier

    I was more than happy to seek out this web-site.

  72. Vince

    I precisely desired to appreciate you once more.

  73. George Runkwell

    Spot on with this write-up!

  74. Sharon Woodhouse

    I wish to express appreciation to you.

  75. Sharon Woodhouse

    Howdy! I just would like to give a huge thumbs up for the nice info you have right here on this post.

  76. Sharon Wood

    Thanks for the whole thing!

  77. David Henderson

    Your place is valuable for me. Thanks!?

  78. Janet Hoy

    Thanks so much for giving everyone an extremely remarkable opportunity to discover important secrets from this blog.

  79. Norman Best

    It is extremely useful for me. Huge thumb up for this blog put up!

  80. Sharon Woods

    Thanks a ton, from all of us.

  81. Eric Falin

    I am going to bookmark your site and will be checking for brand new information.

  82. Wendy

    I appreciate you for coming up with those productive, trustworthy, revealing tips on health and safety!

  83. Kellee

    Many thanks for all!

  84. Benjamin

    Thanks for permitting me to comment!

  85. Dennis

    There may be noticeably a bundle to learn about this.

  86. Kyle Monroe

    I truly wanted to send a quick word to express gratitude to you for some of the magnificent information you are giving at this website.

  87. Cathy Awalt

    After study a number of of the blog posts in your web site now, and I actually like your means of blogging.

  88. Jackson

    You are really good!

  89. Wendy


  90. Chantelle

    This article is a nice one!

  91. Marianna

    Hey there, you’ve done a great job!

  92. Elvin

    Have you ever before had issues with your hosting?

  93. Xavier


  94. Wayne

    You surely have incredible articles and reviews.

Post a comment