February 28, 2008
Occupational Health and Safety
Court fines Concrete Works Ltd. after worker dies in trench collapse
Tony Garofalo’s Concrete Works Ltd. was fined $120,000 and a supervisor fined $5,000 in the Ontario Court of Justice this week after pleading guilty in the death of a worker in a trench collapse.
Court heard that, on July 13, 2006, the company was waterproofing the basement walls of a house in Niagara Falls. Workers had dug a trench along the side of the house for the work. A worker was in the trench when its wall collapsed and was buried under soil. Co-workers tried resuscitation, but the worker was pronounced dead at the scene.
A Ministry of Labour investigation found that the trench did not have shoring or a support system, as required under section 234(1) of Ontario Regulation 213/91, the Construction Regulation of the Occupational Health and Safety Act.
It also lacked a slope, as defined in the regulation, section 234(2)(f).
The company pleaded guilty as a constructor to failing to comply with section 234(1) of Ontario Regulation 213/91, contrary to section 23(1) of the Occupational Health and Safety Act. Antonio Garofalo, supervisor of Tony Garofalo’s Concrete Works Limited, pleaded guilty to failing to ensure that access to and exit from a work area below ground was from stairs, runway, ramp or ladder, as required by section 70(1) of Ontario Regulation 213/91. This was contrary to section 27(1)(a) of the Occupational Health and Safety Act.
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.
DCN News Services
|MOST POPULAR STORIES|
- RCMP make another arrest in connection with its SNC-Lavalin probe
- “Super beam” installed in Montreal Champlain Bridge repair
- Tunnelling of the Toronto-York Spadina Subway Extension completed
- Toronto housing not cooling off, says BMO
- Is there energy gold to be mined in sewage processing?
- 20 Most Popular Stories
|TODAY’S TOP CONSTRUCTION PROJECTS|
These projects have been selected from 366 projects with a total value of $3,913,656,488 that Reed Construction Data Building Reports reported on Thursday.
$75,140,000 Waterloo ON Tenders
$62,710,000 Mississauga ON Negotiated
$50,000,000 Oshawa ON Prebid
- VIDEO: Construct Canada 2013 CEO Power Breakfast
- New tech drives construction over last 25 years: panel
- Duffin Pumping Station Moves Up
- Relationships are integral to break into the Chinese market for construction
- Construction efficiency a growing concern
- RES Canada to build SunEdison solar facilities
- Lafarge launches new corporate website
- USGBC releases LEED in Motion report
- Ritchie Bros. $43 million agriculture equipment auction its best-ever
- Journal of Commerce Update for the week of December 16th, 2013
- New Westminster Development
- Natural gas generating facilities planned
- Refinery costs jump by $2.8 billion
- Employers must be aware of liability at holiday office parties
- New charges needed for infrastructure
- Skills Training at BCIT
- Auditor generals weigh in on value of P3s
- Low lead requirements kicking in next year
- Mental heath and workplace psychology must be addressed
- Edmonton International Airport mall takes shape
- University of Winnipeg building an apartment complex