Workplace Fatality Results in $60,000 Fine for Braeside Company

Convicted: 2341134 ThermoEnergy Structures Inc., 980 Stevenson Drive, Braeside, Ontario.

Location of Workplace: 3346 Stirling Marmora Road, Stirling-Rawdon, Ontario.

Description of Offence: A worker performing work for ThermoEnergy Structures Inc. suffered a fatality resulting from the use of a bucket truck. ThermoEnergy Structures Inc. failed, as a constructor, to ensure that the measures and procedures prescribed by O. Reg. 213/91, made under the Occupational Health and Safety Act, were carried out at the project.

Date of Offence: August 7, 2019.

Date of Conviction: February 28, 2022.

Penalty Imposed:

Following a guilty plea in provincial offences court in Belleville, ThermoEnergy Structures Inc. was fined $60,000 by Justice of the Peace Goffin-Boyd.

Background:

On August 7, 2019, a contractor employed by ThermoEnergy Structures Inc. was assisting in the assembly and erection of an industrial type/style barn.
This involved working from the bucket of a bucket truck.
While assisting in the erection and assembly operations from the interior of the structure under construction, the worker fell from the bucket to the ground sustaining critical injuries.
The worker was taken to a nearby hospital where they were admitted to the ICU.
On August 21, 2019, the worker was pronounced dead from complications resulting from their injuries.
An investigation by the Ministry of Labour, Training and Skills Development determined that the worker was not wearing fall protection at the time of the fall.
Accordingly, the constructor failed to ensure that the measures and procedures prescribed by s. 148(1)(e) were carried out at the project, contrary to s. 23(1)(a) of the Occupational Health and Safety Act, R.S.O 1990, c.O.1 as amended.

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