Company Fined $180,000 Total For Health and Safety Violations

St. Catharines, Ont. - Genco Masonry and Contracting Incorporated, of Niagara Falls, was fined $180,000 on October 22, 2010, for violations under the Occupational Health and Safety Act after a fatal explosion at a worksite. On May 3, 2010, a Genco supervisor was fined $12,000 in relation to the same incident.

On July 30, 2008, the company was doing landscaping work at a residence located on Beechwood Rd. in Niagara Falls. During the course of the work, a propane line was punctured. The propane leached through the surrounding earth and into the homeowner's basement. The propane exploded in the basement and leveled the home. Two "Molly Maid" workers and a resident were in the house at the time of the explosion. The resident died in the explosion.

A Ministry of Labour investigation found that the company made no effort to have the propane lines marked before the work commenced. The investigation also found that Genco did not advise its employees of the existence of the underground gas line.

Genco Masonry and Contracting Incorporated was found guilty of:

• Failing to ensure that all gas, electrical and other services in the worksite were located, properly marked, and shut off or disconnected where possible.
• Failing to request that the owner of the service be present to supervise the excavation.
• Failing to provide information, instruction and supervision to a worker to protect the health and safety of the worker.

The company was fined $60,000 for each offense. Supervisor, Anthony Aiello pleaded guilty to failing to take every precaution reasonable in the circumstances, for the protection of a worker at a workplace.

The fines were imposed by Justice Ann Watson. 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

                                    59 Church St.

                                    St. Catharines, ON

                                    L2R 7N8

Judge:                         Justice of the Peace Ann Watson

Date of Sentencing:    October 22, 2010 (Genco Masonry and Contracting Incorporated)

                                    May 3, 2010 (Anthony Aiello)

Defendant:                  Genco Masonry and Contracting Incorporated

                                   Anthony Aiello

Matter:                        Occupational Health and Safety

Conviction:                  Genco Masonry and Contracting Incorporated:

                                    Ontario Regulation 213/91, Section 228(1)

                                    Ontario Regulation 213/91, Section 228(2)

                                    Occupational Health and Safety Act, Section 25(2)(a)

                                    Anthony Aiello:

                                    Occupational Health and safety Act, Section 27(2)(c)

Crown Counsel:           David McCaskill

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