EFCO Canada Co. and Engineer Fined $135,000 Total After Workers Injured

November 30, 2010 11:50 AM

Walkerton, ON. - EFCO Canada Co., a supplier of steel form products and services, was fined $125,000 on November 26, 2010, for a violation of the Occupational Health and Safety Act that caused workers to be injured. James McGerrigle, a professional engineer with the company, was fined $10,000 in relation to the same incident.

In the fall of 2007, a bridge was being built across 18 Mile River on County Rd. 86 near Lucknow, Ontario. EFCO Canada Co. provided the design plans and structural components for the support structure to hold up the bridge during its construction. Mr. McGerrigle produced the design plans. These included structural components of which he did not know the load bearing capacity. On November 10, 2007, the structure collapsed, seriously injuring several workers.

After a trial, EFCO Canada Co. was found guilty, as a supplier, of failing to supply equipment that was capable of withstanding all loads and forces that were likely to be applied to it.

James McGerrigle was found guilty, as a professional engineer, of providing design plans for a bridge support structure that was incapable of supporting the loads to which it was to be subjected.

The fines were imposed by Justice Wayne Rabley. In addition to the fines, 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

207 Cayley St.

Walkerton, ON

Judge: Justice Wayne Rabley

Date of Sentence: November 26, 2010

Defendants: EFCO Canada Co.

James McGerrigle

Matter: Occupational Health and Safety

Conviction: Ontario Regulation 213/91, Section 87(1)(b)

Occupational Health and Safety Act, Section 31(1)(b)

Occupational Health and Safety Act, Section 31(2)