WEG Fined For Lighting Mishap

On Friday afternoon, the Ontario Racing Commission Judges released their decision with regards to the lights being turned off during the running of Race 11, on Saturday, Nov. 6, 2010 at Woodbine Racetrack

The text of the decision from the ORC is below.

Judges Decision – Woodbine Racetrack – December 15, 2010 – Ruling No. SB42468

IN THE MATTER OF – Woodbine Entertainment Group (W.E.G.) and the track lights having been turned off during the running of race 11 at Woodbine Racetrack on November 6, 2010.

On November 6, 2010 during race 11, just past the three-quarters the track lights went out causing complete darkness on the track. The judges posted the “Inquiry” and following the completion of race 11, and declared the race a “No Contest” in accordance with ORC rule 22.23.

Mr. Bruce Murray appeared before the judges on November 13, 2010 in order to give an explanation of the events that caused the lights to be turned off.

A meeting with Mr. Bill O’Donnell, the president of C.O.S.A. was held with the judges on November 20, 2010, the notes of which were distributed to Mr. Bruce Murray on November 25, 2010.

As a result of the track lights having been turned off during the running of race 11 at Woodbine Racetrack on November 6, 2010 the judges charged W.E.G. with an alleged violation of ORC rule 1.09.

On December 2, 2010 Judges Wm. Maertens (Sr. judge), Chuck Fraleigh and Doug Hopkins held a hearing in the judges’ office at Woodbine Racetrack in order to deal with the alleged violation.

Mr. Bruce Murray and Mr. John Marhong were present on behalf of W.E.G.

After hearing the evidence of Mr. Murray and Mr. Marhung, the judges find W.E.G in violation of ORC rule 1.09.

The Judges assessed a penalty of a fine of $7500 to Woodbine Entertainment Group, with the fine being stayed as well as probation for a 2 year period, from December 17, 2010 to December 16, 2012 with conditions. The Judges have issued ruling SB42468.

Having received a joint letter of agreement between W.E.G. and C.O.S.A the judges in accordance with ORC rule 7.16.05(c), Policy Directive 1 – 2009 and Notice to the Industry Dec. 5, 2008, issued ruling SB36597, approving compensation in the amount of $300 for each horse that raced in race 11 on November 6, 2010 at Woodbine Racetrack and that the money would be paid from the Woodbine purse pool.

Reasons for the decision

Aggravating Factors

• The track lights had been turned off via an automatic control system, which had been recently installed by W.E.G.
• Sudden lights out during the running of a race place horses and drivers in a perilous situation, in this case needlessly.
• The track lights had been turned off by an employee a few years previous to this incident before (but not during) the running of a last race.
• W.E.G. management knew well in advance that this particular evening the races would finish late as a result of a 7.50 pm post time for the first race.
• W.E.G. management agreed that this incident could have been prevented.
• W.E.G. management takes full responsibility.

Mitigating Factors

• The track lights had been inadvertently placed on the automated lighting control system by an employee who is no longer employed by W.E.G.
• W.E.G. management had instructed that the track lights be excluded from the automated control system for safety reasons and had expected that to be the case.
• There has been a turnover of employees in the department that oversees the track lighting system.
• The action of the track lights being turned off was completely inadvertent.
• W.E.G has this past spring revamped the lighting system at Woodbine spending about $500,000 which includes having 3 new and separate transformers in order to prevent a lighting strike from taking out all of the track lights at any one time.
• W.E.G. has spent an additional $200,000 to have a battery supported backup system for half the lights on top of the grandstand to ensure that in the case of a power failure, and or any failure of the system, there remains enough lighting in place for all horses and drivers to safely vacate the track. In essence W.E.G. has proactively and at great expense attempted to make their lighting system bullet proof.
• The incident on November 6, 2006 was a result of a miscommunication with respect to the operation of the new system.
• Management took immediate action to resolve the problem and changed the protocol to insure that this situation does not reoccur.

W.E.G. has taken extraordinary proactive and expensive measures to upgrade the lighting system at Woodbine Racetrack with emphasis on safety and energy conservation. We commend them for their initiative and their foresight. It is so unfortunate that a communication glitch during the implementation of this noble and worthwhile project resulted in an incident that posed needless danger to both horses and drivers.

Management at W.E.G. via Bruce Murray has accepted full responsibility for the track lights being turned off and we do hold them accountable. The Ontario Racing Commission has a primary concern for and focus on the health and welfare of the horses and participants who race in the Province of Ontario. We cannot and will not ignore incidents where safety has been compromised.

Upon reviewing all the evidence in this case the judges find that as a result of the track lights being turned off during the running of race 11, on November 6, 2010 at Woodbine Racetrack the horses and drivers were needlessly placed in danger and as such W.E.G. is in violation of ORC rule 1.09.

In searching for an appropriate penalty, while the judges could not find a case exactly similar we did review other cases where racing associations were found in error with respect to health and safety issues. The judges examined and reviewed ruling SB38493 issued against Rideau Carlton Raceway in 2009, rulings SB39081, SB39082, and SB40923 issued against Sudbury Downs in 2009 and ruling SB41395 issued against Kawartha Downs in 2010 before reaching a decision regarding penalty.

The judges find that a fine of $7500 plus probation for a period of 2 years with conditions is justified and warranted for an incident which posed danger and that could have been prevented. The issuing of this ruling should act to encourage due diligence within associations, and serve to send a message to the industry and racing associations in particular of the high importance of a lighting system to the health and safety of the horses and participants when conducting racing after dark, and that incidents which result in a compromise to the health and safety of horses and or participants which are found to be preventable will result in consequences.

The judges also find that the mitigating circumstances are compelling and persuasive in this case and give just cause to issuing a stay of the fine.

The probation is set from December 17, 2010 to December 16, 2012. Should there be an incident during the term of the probation with respect to track lighting going out at either Woodbine or Mohawk racetracks which needlessly place a horse(s) or participant(s) in danger and such incident is found to be partially or wholly as a result of the action and or inaction of any person or persons or contractor employed by W.E.G. the stayed fine ($7500) becomes due and payable in addition to any other fines or penalties imposed by the judges and or the Ontario Racing Commission at the time.

The judges have issued ruling SB42468

Judges: William Maertens, Chuck Fraleigh, Doug Hopkins

(ORC)