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McNally Construction Inc. Fined $170,000 After Worker Fatally Injured

Court Bulletin

McNally Construction Inc. Fined $170,000 After Worker Fatally Injured

Ministry of Labour

BRAMPTON, ON - McNally Construction Inc., a Hamilton construction company, was fined $170,000 for a violation of the Occupational Health and Safety Act after a worker was fatally injured.

On September 30, 2011, a worker was operating a battery powered locomotive in a tunnel project at the northeast corner of Mississauga Road and Queen Street in Brampton. The worker used the locomotive to move debris from tunneling to the exit for removal. To reach the exit the worker had to move the locomotive along a track that ran through a steel gantry. While under the gantry, the locomotive stopped. A supervisor decided to disconnect the cars from the locomotive so that it could reach the exit and have a fresh battery installed. As the cars were being disconnected the worker's head was raised between the locomotive battery and part of the gantry. The locomotive then moved forward, crushing the worker's head between the battery pack and the gantry. The clearance between the highest level of the battery pack and the gantry was 4¾ inches (12.1cm). The worker suffered fatal injuries.

A Ministry of Labour investigation found that the gantry was not safe for use with the locomotive supplied.

McNally Construction Inc. pleaded guilty to failing to take every precaution reasonable in the circumstances for the protection of a worker.

The fine was imposed by Justice George S. Gage. 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

                                    7755 Hurontario Street


Justice:                       Justice George S. Gage

Date of Sentencing:   August 19, 2013

Defendant:                 McNally Construction Inc.

Matter:                       Occupational Health and Safety

Conviction:                Occupational Health and Safety Act, Section 25(2)(h)

Crown Counsel:        Jennifer Malabar

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