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Construction Company and Supervisor Fined $52,500 After Worker Injured

Archived Court Bulletin

Construction Company and Supervisor Fined $52,500 After Worker Injured

Lindsay, ON - 755055 Ontario Ltd., operating as Rodco Enterprises, a Haliburton construction company, was fined $50,000 for a violation of the Occupational Health and Safety Act after a worker was injured. A supervisor from the company was fined $2,500 in relation to the same incident.

On December 21, 2010, workers from Rodco were at a residential construction site on Kennisis Lake Rd. in Haliburton. The workers were laying sheets of chip board on a deck. The deck's framing was complete but no floor had been laid. While positioning a chip board, one of the workers stepped backwards and fell between two deck joists. The worker fell over 3.66 meters to the ground and sustained fractures and a back injury.

755055 Ontario Ltd., operating as Rodco Enterprises, pleaded guilty to failing to ensure that a guardrail or fall arrest system was used while workers were exposed to a fall hazard of three meters or more.

In addition, after the injury, Rodco's site supervisor directed workers to install guardrails and the deck floor before the Ministry of Labour attended the scene. This was done without the permission of a ministry inspector.

The supervisor pleaded guilty to interfering with, disturbing, or altering articles or things at the scene of a critical workplace injury.

The fines were imposed by Justice of the Peace Young. 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

                                    440 Kent St. W.
                                    Lindsay, ON

Judge:                         Justice of the Peace Young

Date of Sentencing:     February 22, 2013

Defendant:                   755055 Ontario Ltd. operating as Rodco Enterprises

Matter:                         Occupational Health and Safety

Conviction:                  Ontario Regulation 213, Section 26.1

                                    Occupational Health and Safety Act, Section 51(2)

Crown Counsel:           Wes Wilson

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