Ontario Construction News staff writer
South Essex Fabricating Inc., a company specializing in the fabrication of commercial greenhouse structures and pre-engineered buildings, has been fined $65,000 following a workplace injury incident. The company, located at 4 Seneca Road, Leamington, was convicted of safety violations under the Occupational Health and Safety Act (OHSA) in the Provincial Offences Court in Windsor.
The incident occurred Nov. 4, 2022, at a worksite where three workers were repairing a damaged stormwater drainage pipe. South Essex Fabricating Inc. had been contracted to build an addition to a greenhouse serviced by this pipe. The pipe was situated within a trench, with the trench’s width exceeding seven feet and a depth of over eight feet. The trench walls were cut vertically with minimal sloping and no shoring.
During the repair, one worker entered the trench when a section of the wall collapsed, causing critical injuries. An investigation by the Ministry of Labour, Immigration, Training and Skills Development determined that the company failed to shore the trench walls, violating section 234(1) of Regulation 213/91 under the OHSA.
The company pleaded guilty to the charges.
Justice of the Peace Mary-Louise Cortese imposed a $65,000 fine, with Crown Counsel Michael Nichol representing the prosecution. Additionally, a 25 per cent victim fine surcharge was applied, as mandated by the Provincial Offences Act. This surcharge contributes to a provincial fund aiding victims of crime.
The company’s failure to ensure proper safety measures resulted in serious injuries, highlighting the importance of adhering to workplace safety regulations to prevent similar incidents in the future.