April 7, 2021
Labour, Training and Skills Development
Convicted: James Dick Construction Limited, registered head office 14442 Regional Road 50, Caledon, Ontario. The company owns and operates a limestone quarry at 2324 Concession A, Brechin, Township of Ramara.
Location of Workplace: The Ramara quarry, which is classified as a mine.
Description of Offence: A worker fell into a quarry when a catwalk gave way. The catwalk had not been maintained in a safe condition.
Date of Offence: June 3, 2019.
Date of Conviction: April 7, 2021.
Penalty Imposed:
- Following a guilty plea in provincial offences court in Orillia, James Dick Construction was fined $65,000 by Justice of the Peace Alice Napier; Crown Counsel Judy L. Chan.
- 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:
- On June 3, 2019, a worker was making repairs to rubber skirts of a screen in the lower feed hopper. While performing the work, the catwalk the worker was standing on gave way and the worker fell about 15 feet to the quarry material below. The worker suffered injuries.
- Inspection of the catwalk after the incident showed that the steel in the floor grating, toe board and handrails had deteriorated. The catwalks at the Ramara quarry had previously been identified as requiring maintenance.
- Section 25(1)(c) of the Occupational Health and Safety Act (OHSA) states that an employer shall ensure that the measures and procedures prescribed by the act and regulations are complied with. Section 54(1)(a) of the Regulation for Mines and Mining Plants (Regulation 854) states that a walkway, stairway or ladderway shall be maintained in a safe condition.
- James Dick Construction failed as an employer to ensure the measures and procedures prescribed by section 54(1)(a) of the regulation were complied with, contrary to section 25(1)(c) of the OHSA. This is an offence contrary to section 66(1) of the act.