Reid & Deleye Contractors Ltd., K & S Forming Inc. And Supervisor Fined Total Of $104,000 After Worker Injured

Kitchener, Ont. - Reid & Deleye Contractors Ltd. of Courtland was fined $50,000 on November 27, 2009, for a violation under the Occupational Health and Safety Act (OHSA) after a worker was injured. K & S Forming Inc., a London-based concrete forming company, was fined a total of $50,000 in the same incident and one of its supervisors was also fined $4,000 for violations under the OHSA.

On March 21, 2006, a K & S worker climbed onto scaffolding to tighten a section of it. The worker slipped, fell about 1.5 metres to the ground and suffered arm injuries.

After trial, Reid & Deleye Contractors Ltd., K & S Forming Inc. and Daniel C. Demelo, a K & S supervisor, were each found guilty, as a constructor, employer and supervisor respectively, of failing to ensure the scaffold platform was at least 460 millimetres wide. K & S Forming Inc. was also found guilty of failing to provide the worker with information, instruction and supervision to protect the health and safety of that worker.

The fines were imposed by Justice of the Peace A. James Child. In addition, 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

                                    77 Queen St. N.

                                    Kitchener, Ont.

Judge:

Justice of the Peace A. James Child

Date of Convictions:

November 27, 2009

Defendants:

Reid & Deleye Contractors Ltd.

K & S Forming Inc.

Daniel C. Demelo

Matter:

Occupational Health and Safety

Convictions:

Ontario Regulation 213/91, Section 135(1)(a)

OHSA, Section 25(2)(a)

Crown Counsel:

Steven Succi