Hamilton contractor fined $200K in worker’s death
A Hamilton tunneling contractor has been fined $200,000 for its role in an incident that led to the death of a worker.
McNally Construction Inc., whose head office is located at 1855 Barton Street East, is a business in the construction and tunnelling industry. The company entered a guilty plea in provincial offences court, and will pay a 25-percent victim fine surcharge as required by the Provincial Offences Act. The money goes to a government fund to assist victims of crime.
The incident in question happed on June 21, 2018. A construction crew was working on a construction project in downtown Hamilton, and doing work in an underground pipe.
A supervisor was operating a mini-excavator that had been lowered down a shaft and into the underground pipe. The diameter of the pipe measured 1.8 metres at that location.
The tip over protection system (TOPS) of the mini-excavator had been removed prior to it being lowered down and into the pipe. It is not known when the TOPS was removed or by whom. A TOPS protects a mini-excavator from tipping over and can protect an operator of a mini-excavator from overhead hazards.
The supervisor decided to operate the mini-excavator. While operating it, the supervisor was fatally injured when the front tracks of the machine lifted, causing the worker to be pinned between the top of the inside of the pipe and parts of the mini-excavator.
Section 99 of the Construction Projects Regulation (Ontario Regulation 213/91) requires that a cab or screen be provided to protect a worker who is exposed to an overhead hazard while operating a vehicle.
The court found that the defendant failed to ensure that the equipment, materials and protective devices provided by the defendant were used as prescribed, contrary to section 25(1)(d) of the Occupational Health and Safety Act.
This is a second offence for the defendant under the act. There is one prior conviction from 2013 involving the death of a young worker. The fine imposed on the prior conviction was $170,000 after a plea of guilty.