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Constructor and Supervisor Fined $53,000 Total After Worker Injured

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Constructor and Supervisor Fined $53,000 Total After Worker Injured

Ministry of Labour

Toronto, ON - Resform Construction Ltd., a Cookstown construction company specializing in formwork, was fined $50,000 for a violation of the Occupational Health and Safety Act after a worker was injured. Justin Lowes, a supervisor with the company, was fined $3,000 in relation to the same incident.

On October 14, 2009, Resform Construction Ltd. was at a condominium construction project on Lakeshore Blvd. W. in Etobicoke. A carpenter was cleaning a work surface that had a hole in its floor. The carpenter lifted up a panel lying on the floor and walked forward. The worker did not know that the panel was covering a hole in the floor. The worker fell through the newly-opened hole to concrete below.

A Ministry of Labour investigation found that the panel was not secured against movement and it was not identified as covering an opening in the work surface.

Resform Construction Ltd. pleaded guilty to failing, as an employer, to prevent a worker from falling through an opening in a work surface by either installing a guardrail or protective covering as prescribed. Justin Lowes pleaded guilty to failing, as a supervisor, to ensure the same.

The fines were imposed by Justice of the Peace Mary Ross-Hendricks.  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

                                   70 Centre Ave.

                                   Toronto, ON

Judge:                        Justice of the Peace Mary Ross-Hendricks

Date of Sentencing:   April 21, 2011

Defendants:                Resform Construction Ltd.

                                   Justin Lowes

Matter:                        Occupational Health and Safety

Conviction:                 Ontario Regulation 213/91, Section 26.3(2)

Crown Counsel:          Line Forestier

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