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Construction Companies and Director Fined $300,000 Total After Worker Injured

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Construction Companies and Director Fined $300,000 Total After Worker Injured

North Bay, ON - Chelmsford-based construction companies Bélanger Construction (1981) Inc. and R.M. Bélanger Limited were fined $290,000 total on August 10, 2012, for violations of the Occupational Health and Safety Act after a worker was injured. The companies' director, Ronald Bélanger, was fined $10,000 in relation to the same incident.

On September 17, 2008, a worker fell from a cement pier while dismantling a guardrail system in Field, Ont. The worker suffered head and leg injuries, and was sent to hospital.

The court found that the worker was not protected by fall protection of any kind. Three other workers at the construction project were similarly unprotected. There was a lack of equipment for each worker on the job, as well as a lack of proper care and inspection of existing safety equipment. The court also found that the supervisor on site was unqualified.

Bélanger Construction (1981) Inc. was fined $75,000 for failing as a constructor to ensure that the worker was adequately protected from falling off a bridge abutment by means of fall protection.

R.M. Bélanger Limited, the worker's employer, was fined $215,000 for:

  • failing to ensure the worker was adequately protected from falling off a bridge abutment by means of fall protection
  • failing to ensure the proper equipment materials and protective devices were provided at the workplace, and
  • failing to provide information, instruction and supervision to the worker to protect the health and safety of the worker.

Ronald Bélanger was fined $10,000 for failing as a director to ensure that both companies complied with the provisions of the Occupational Health and Safety Act and its regulations.

The fine was imposed by Justice of the Peace Michael Moreau. 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

                                    200 McIntyre Bay

                                    North Bay, ON

Judge:                         Justice of the Peace Michael Moreau

Date of Sentencing:    August 10, 2012

Defendants:                 Bélanger Construction (1981) Inc.

                                    R.M. Bélanger Limited

                                    Ronald Bélanger

Matter:                        Occupational Health and Safety

Convictions:                Occupational Health and Safety Act, Section 25(1)(a)

                                    Occupational Health and Safety Act, Section 25(1)(c)

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

                                    Occupational Health and Safety Act, Section 23(1)(a)

                                    Occupational Health and Safety Act, Section 32(a)

                                    O. Reg. 213/91, Section 26.1(2)

                                    O. Reg. 213/91 Section 26.1(3)

Crown Counsel:          Catherine Glaister


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