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Company and Owner Fined $48,000 After Power Line Contact

Archived Court Bulletin

Company and Owner Fined $48,000 After Power Line Contact

KITCHENER, ON - Network Site Services Inc., a sub-contracting company hired to erect street lighting, and its owner, Donald Medeiros of Cambridge, have been fined a total of $48,000 for violations of the Occupational Health and Safety Act.  

On October 4, 2010, workers were installing street lamp posts on a project located at Timber Creek Crescent in Cambridge. Two workers were placing a lamp post into an excavation when the post struck overhead power lines, causing the system ground neutral conductor to be burned and severed. There were no injuries to the workers.

A Ministry of Labour investigation found that there were no written procedures for the placement of the posts, nor had the workers received adequate training about working with overhead power lines. Regulation 213/91 states that no object should be brought within 3 metres of energized overhead electrical power lines. The Occupational Health and Safety Act states that employers must ensure that Regulations are followed and that every officer of a corporation must take all reasonable care to ensure that the corporation complies with the act and its regulations.

The company and owner pleaded guilty and were fined $40,000 and $8,000 respectively. Both defendants had prior convictions.

The fine was imposed by Justice of the Peace Michael A. Cutherbertson. 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

                77 Queen Street North

                Kitchener, ON

Judge: Justice of the Peace Michael A. Cutherbertson

Date of Sentencing: April 16, 2013

Defendant: Network Site Services Inc., Cambridge

                  Donald Medeiros, Cambridge

Matter: Occupational Health and Safety

Conviction: Ontario Regulation 213/91, Section 118(2)

                   Occupational Health and Safety Act,

                   Section 25(1)c, Section 32(a)

Crown Counsel: Neil Gobardhan

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