Basecrete Inc. and Westin Homes Ltd. Fined $85,000 After Worker Injured
Ministry of Labour
Barrie, ON - Basecrete Inc., a Woodbridge concrete and drain construction company, was fined $50,000 for a violation of the Occupational Health and Safety Act after a worker was injured. Westin Homes Ltd., a Bradford residential constructor, was fined $35,000 in relation to the same incident.
On November 5, 2008, workers from Basecrete Inc. were installing sewers at a construction project in Brantford owned by Westin Homes Ltd. Two workers were in a trench installing a sewer main when part of the excavation collapsed. One of the workers suffered broken bones.
A Ministry of Labour investigation revealed that the trench had not been reinforced by an appropriate support system at the time of the collapse.
Basecrete Inc. was found guilty, as an employer, of allowing workers to enter an excavation that was not compliant with Ontario's construction regulations. Westin Homes Ltd. was found guilty, as a constructor, of the same offense.
The fines were imposed by Justice of the Peace Dennis Wilson. 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
75 Mulcaster St.
Barrie, ON
Judge: Justice of the Peace Dennis Wilson
Date of Sentencing: September 11, 2012
Defendants: Basecrete Inc. and Westin Homes Ltd.
Matter: Occupational Health and Safety
Convictions: Ontario Regulation 213, Section 224
Occupational Health and Safety Act, Section 23(1)(a)
Occupational Health and Safety Act, Section 25(1)(c)
Crown Counsel: Jennifer Malaber