Burlington, Ont. - Kingdom Construction Limited was fined $105,000 on October 19, 2009, for a violation of the Occupational Health and Safety Act (OHSA) after a worker was killed.

On April 22, 2008, Kingdom Construction was building a sewage-pumping station in Halton Hills.  At the location there was a wet well, a concrete chamber used to collect sewage until it is pumped to a treatment centre. The top of the wet well was above ground with two openings. When not in use, one opening was covered with plywood. Workers were tidying the top of the wet well when one of the workers fell through that opening and was killed.

A Ministry of Labour investigation found that the piece of plywood covering the opening was not secured in place or marked to indicate that it covered an opening.

Kingdom Construction Limited pleaded guilty to failing to ensure that a protective covering over an opening on a work surface was securely fastened and adequately identified as covering an opening on the work surface.

The fine was imposed by Justice of the Peace Lina Mills. In addition to the fine, the court 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.

Court Information at a Glance

Location:                    Ontario Court of Justice

                                    2051 Plains Rd. E.

                                    Burlington, Ont

Judge:                        

Justice of the Peace Lina Mills

Date of Conviction:

October 19, 2009

Defendants:

Kingdom Construction Limited

Matter:

Occupational Health and Safety

Conviction:

Ontario Regulation 213/91, Section 26.3(2)(2)

Crown Counsel:

Tom Schneider