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OSHA issues fine in connection with death at local Tim Hortons

The operator of a Tim Horton’s restaurant in Rochester has been cited by the federal safety agency OSHA in connection with a fatal accident last July.

OSHA has fined a company called Ninety Rock Management just under $8,700 after the incident this past summer when 3-year-old Bryce Raynor died after he fell into a grease trap just outside the Tim Horton’s on University Avenue.  The child had been at the store with his mother, who was working at the restaurant that day.

OSHA cited the restaurant owner for what it calls a serious violation for failure to inspect and maintain walking-working surfaces in a safe condition and for failure to protect employees from falling into holes more than four feet deep.

An OSHA spokesperson says that its jurisdiction is limited to employee working conditions.

Last month, the mother of Bryce, Tenitia Cullum, filed a notice of claim which is required before a lawsuit is filed. Her attorney said the filing is an indication a lawsuit is possible.

The death led to the Monroe County Legislature  approving a law to better regulate the safety of grease trap covers and area state lawmakers are also proposing legislation.

Randy Gorbman is WXXI's director of news and public affairs. Randy manages the day-to-day operations of WXXI News on radio, television, and online.