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Court Bulletin
Thomson Construction Fined $50,000 After Worker Suffers Critical Injuries From Fall

October 3, 2017

Convicted: Thomson Construction Ltd., 6904 London Line, Watford, Ontario

Location of Workplace: Thirteen Mile Road, Township of Middlesex Centre, Ontario

Date of Offence: November 4, 2015

Description of Offence: A worker fell from the roof of a barn under construction to the ground, suffering critical injuries. Under Ontario’s health and safety laws the worker should have been protected from falling with a properly-used fall arrest system.

Date of Conviction: October 2, 2017, in London, Ontario, by Justice of the Peace Robert J. Lewin; Crown Counsel Indira Stewart

Penalty Imposed:

Thomson Construction Ltd. was fined $50,000 after pleading guilty to the offence of failing to ensure that the measures and procedures provided by Section 26.1(2) of the Construction Projects Regulation/Ontario Regulation 213/91, were carried out in the workplace, contrary to Section 25(1)(c) of the Occupational Health and Safety Act.
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:

Two workers employed by Thomson Construction Ltd. were constructing a hog barn. On November 4, 2015 they were strapping roof trusses on the barn.
While strapping the trusses, one of the workers stepped on a defective strap. The strap broke and the worker fell from the roof to the ground, a distance of about 6.7 metres (about 22 feet). The worker suffered critical injuries.
The worker was not protected by any method of fall protection.
There was no fall arrest system to protect the worker from falling. Although wearing a harness affixed with a lanyard, there was no anchor point or lifeline on the roof to which the lanyard could have been connected.
Section 26.1(2) of Ontario Regulation 213/91 requires that workers exposed to falling more than three metres be adequately protected by an appropriate method of fall protection where it is not practicable to install a guardrail system.

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