March 5, 2020 3:00 P.M.
Ministry of Labour, Training and Skills Development
Convicted: Ball Construction Inc., 5 Shirley Ave., Kitchener, ON.
Location of Workplace: 530 Manitou Dr., Kitchener, ON.
Description of Offence: On July 18, 2018, Ball Construction Inc. failed, as a constructor, to ensure the measures and procedures prescribed by section 26.1(1) of Ontario Regulation 213/91 were carried out at the project.
Date of Offence: July 18, 2018.
Date of Conviction: March 3, 2020.
Penalty Imposed:
- Following a guilty plea, Justice of the Peace Michael Cuthbertson, sitting in Provincial Offences Court in Kitchener fined the company $55,000. Crown Counsel: Indira Stewart and Graeme Adams.
- The court also 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.
Background:
- Ball Construction Inc. (“Ball”) is a construction business performing design build, construction management, general contracting and special project management services.
- Ball was engaged to renovate an existing factory, that was being decommissioned at the time, into an alternate type of facility.
- On July 18, 2018, prior to 9:00 a.m., two workers employed by a subcontractor to Ball commenced work near some abandoned press pits and trenches, which were behind caution tape. While doing so, the subcontracted workers decided to use an elevated work platform, and in order to use the work platform, moved wooden wall sections which were on the floor, out of their way, to create space. Unknown to the workers, the wall sections were covering an abandoned press pit approximately three meters deep. When the two workers together picked up and attempted to push the wall sections out of the way, both fell into the pit and suffered injuries.
- Investigation by the Ministry of Labour, Training and Skills Development determined that caution tape and pylons did not meet the requirements for guardrails installed around the trenches or press pit.
- Section 26.1(1) of Ontario Regulation 213/91, as amended, the Regulation for Construction Projects, requires that a worker be protected by a guardrail system that meets the requirements of the Regulations. Ball Construction Inc. failed, as a constructor, to ensure the measures and procedures prescribed by section 26.1(1) of Ontario Regulation 213/91 were carried out at the project