Torus Construction Limited Fined $110,000 After Worker Killed

Ottawa, Ont. - Torus Construction Limited, an Ottawa paving company, was fined $110,000 on January 22, 2010, for a violation under the Occupational Health and Safety Act (OHSA) after a worker was killed.

On June 17, 2008, at the intersection of Britannia and Howe Streets in Ottawa, a Torus labourer was cleaning the concrete chute of a machine that pours and moulds street curbs.  Another worker climbed into the machine, started it, beeped the horn twice and then moved it in reverse. The machine caught and fatally crushed the labourer.

A Ministry of Labour investigation found that while driving the machine, the worker's view of the intended path of travel was obstructed, endangering the labourer.

Torus Construction Limited pleaded guilty under the OHSA of failing as an employer to ensure the worker operating the machine was assisted by a signaller.

The fine was imposed by Justice Hugh L. Fraser.  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

                                    161 Elgin St.

                                    Ottawa, Ont.

Judge:                         Justice Hugh L. Fraser

Date of Conviction:     January 22, 2010

Defendant:                  Torus Construction Limited

Matter:                        Occupational Health and Safety

Conviction:                 Ontario Regulation 213/91, Section 104(3)

Crown Counsel:          Judy Chan

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