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Judge Finds Hole in Donut Maker's Safety Efforts

The Canadian subsidiary of Krispy Kreme Doughnut Corp. has been fined $90,000 for a violation of Ontario's Occupational Health and Safety Act that resulted in a serious leg injury to a new employee.

KremeKo Inc., whose parent company is Winston-Salem, N.C.-based Krispy Kreme, pleaded guilty in the Ontario Court of Justice to failing to ensure that a lifting device was operated only by a competent person, as prescribed by Section 51(2)(a) of the Regulations for Industrial Establishments. This was a violation of Section 25(1)(c) of the Occupational Health and Safety Act.

On Aug. 13, 2004, a truck driver at KremeKo's Mississauga, Ontario, industrial facility was on a small ramp using a lift truck to move some large flowerpots when the driver lost control of the lift truck, according to the Ontario Ministry of Labour.

The driver's left leg became pinned between the lift truck and some metal bakery racks, resulting in a broken leg bone. The driver had been hired by the company in July 2004, according to the ministry.

At the time of the incident the driver was scheduled to deliver flowerpots from the industrial establishment to a storage warehouse.

A Ministry of Labour investigation found the driver had never operated a lift truck before and had not received the company's formal lift truck training.

Justice of the Peace Sally Fallon of the Ontario Court of Justice in Brampton imposed the fine. In addition, the court imposed a 25 percent 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.

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