Elite Construction Inc. Fined $50,000 After Workers Injured At New Collins Bay Institution
KINGSTON, ON - Elite Construction Inc. of Concord has pleaded guilty and has been fined $50,000 after two workers suffered injuries while constructing the new Collins Bay maximum security facility.
On June 11, 2013, two temporary employees were assigned to move a cart loaded with sheets of 18-gauge steel standing on edge. At about 64 pounds (29.03 kg) per sheet, the load weighed about 2,050 pounds (929.85 kg) in total. The load was not secured to the cart.
As the cart was being moved, it was obstructed by the contact of the wheels with one of a number of electrical extension cords on the floor. A third worker came to assist the two workers with movement of the cart.
As the three workers were attempting to move the cart over the cord, the load shifted and the steel sheets fell onto the first two workers. Both suffered broken bones.
Two weeks before the incident, on May 29th, a Ministry of Labour inspector had issued an order to Elite to implement a plan to manage the electrical cords being used on the site, as many cords were on the floor at the time of the site visit, constituting a tripping hazard.
Section 37(1) of Ontario Regulation 213/91 - the Construction Projects Regulation - provides that material and equipment at a project shall be stored and moved in a manner that does not endanger a worker. The company failed to ensure that the measures and procedures prescribed in the regulation were carried out at the project, contrary to Section 23(1)(a) of the Occupational Health and Safety Act.
The company pleaded guilty to failing as an employer to provide information, instruction and supervision to a worker to protect the health and safety of the worker as required under Section 25(2)(a) of the Occupational Health and Safety Act.
The company was fined $50,000 by Justice of the Peace Claudette Coulas in Kingston court on October 6, 2015.
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.
The 96-bed maximum security facility is a federal building operated by Correctional Service Canada and opened in January 2015.
Court Information at a Glance
Provincial Offences Court/Ontario Court of Justice
362 Montreal Street
Justice of the Peace Claudette Coulas
Date of Sentencing:
October 6, 2015
Elite Construction Inc.
Corporate Head Office:
35 Romina Drive, Suite 100
Occupational health and safety
Occupational Health and Safety Act
Ontario Regulation 213/91 (Construction Projects Regulation)