Excavator Pleads Guilty to Safety Violation

WINDSOR, ON, Dec. 17 /CNW/ - Professional Bobcat and Excavating, an excavation, construction and repair company from Tecumseh, Ontario, pled guilty to failing to comply with Ontario Regulation 210/01 (Oil and Gas Pipeline Systems) by not obtaining a locate before excavating, contrary to provincial requirements under the Technical Standards and Safety Act, 2000 (the Act).

The Ontario Court of Justice in Windsor fined the defendant $5,000, plus the 25% Victim Surcharge, given the circumstances of the case.

Following an investigation conducted by the Technical Standards and Safety Authority (TSSA), an inspector for TSSA's Fuels Safety Program determined that, in May 2008, Professional Bobcat and Excavating owner, Anthony Campeau, damaged a 1¼ inch natural gas pipeline - near 425 North Rear Road, Lakeshore, Ontario - with a backhoe while installing eaves trough drainage, causing the release of natural gas at a rate of about 55-60 pounds per square inch.

TSSA's inspector determined that Professional Bobcat and Excavating broke ground with mechanical equipment without first ascertaining from a licence holder the location of a pipeline, and failed to comply with Ontario Regulation 210/01. On December 16, 2010, Professional Bobcat and Excavating pled guilty and was subsequently fined $5,000.

While there were no injuries as a result of this violation, the actions of Professional Bobcat and Excavating had the potential to jeopardize public safety. Failing to comply with any regulation undermines TSSA's authority to protect public safety in the fuels sector.

"Prosecution for non-compliance with Ontario's safety laws is an important part of TSSA's safety mandate," says John Marshall, TSSA's Director of Fuels Safety Program, "and it strongly reinforces our overall objective: to deter violators and increase public safety. While prosecution at times may be required, TSSA chiefly works with industry stakeholders through cooperation and compliance. It is one of the cornerstones of fuels safety."

About TSSA

The Technical Standards and Safety Authority (TSSA) is an innovative, not-for-profit, organization dedicated to enhancing public safety. Throughout Ontario, TSSA regulates the safety of amusement devices, boilers and pressure vessels, elevating devices, fuels, operating engineers, ski lifts, and upholstered and stuffed articles. Its range of safety services include public education and consumer information, certification, licensing and registration, engineering design review, inspections, investigations, safety management consultation, and enforcement and prosecution activities. The organization's vision is to be the world leader in public safety services.

For further information:

Gregory Kerr, Public Relations and Communications
Technical Standards and Safety Authority
Telephone: [phone]; Email: [email protected]
For more information on the Technical Standards and Safety Authority, please visit www.tssa.org.