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Digsafe Inc. Fined $125,000 Worker Killed, Others Injured

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Digsafe Inc. Fined $125,000 Worker Killed, Others Injured

Ministry of Labour

OTTAWA, ON - Digsafe Inc., an Ottawa company that provides excavation services, has been fined $125,000 for a violation of Ontario's Occupational Health and Safety Act after a worker was killed and two others injured while working near power lines.

On March 22, 2012, a Digsafe worker and two other workers employed by another subcontractor were working together on the installation of new hydro poles and wires under existing energized lines on Moodie Drive in Ottawa.

The three workers were excavating a hole when the boom of the vehicle came within three metres of the power lines which were located about 20 feet above the hole. All three workers received electrical shocks, with the Digsafe worker succumbing to his injuries in hospital. The two other workers sought medical attention at the hospital and did not suffer permanent physical injuries. A Ministry of Labour investigation followed.

Digsafe Inc. pleaded guilty to failing, as an employer, to ensure that the boom of the vehicle was not brought within three metres of the energized power line as required by the Occupational Health and Safety Act, and was fined $125,000.  

The fine was imposed by Justice of the Peace John Balkwill. 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

                                    100 Constellation Crescent

                                    Courtroom 101

                                    Ottawa, ON
                                   

Judge:                         Justice of the Peace John Balkwill     

Date of Sentencing:    November 12, 2013

Defendant:                   Digsafe Inc.

                                    5689 Power Road

                                    Ottawa, Ontario

Matter:                       Occupational Health and Safety

Conviction:                Ontario Regulation 213/91

                                    (Construction Regulation)

                                    Section 188(2)

                                    Occupational Health and Safety Act

                                    Section 25(1)(c)    

Crown Counsel:           Line Forestier


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