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M-Con Products Inc. Fined $50,000 After Worker Injured

Court Bulletin

M-Con Products Inc. Fined $50,000 After Worker Injured

Ministry of Labour

OTTAWA, ON - M-Con Products Inc., a company that manufactures underground precast concrete products, has pleaded guilty and has been fined $50,000 after a worker was injured while fabricating a steel floor assembly.

On February 4, 2014, three workers employed by M-Con were fabricating a steel floor assembly weighing approximately 1,800 lbs at the company's workplace at 2150 Richardson Side Road in Carp. The framework for the assembly, which was in two halves, was tack-welded together at the center to give dimension to the finished assembly

During the fabrication process, a worker was lowering a cap, with a crane, into a position that would cover a hole in the assembly. At one point, the worker put one foot on the cap when it was just inches from the hole in the assembly as a way to either steady the cap or to move it away. At that moment, the two halves of the assembly collapsed in the center. The injured worker was under the assembly, adjacent to the hole opening, working on one half of the assembly. The collapse caused the two halves to separate and one of the halves fell on the injured worker. The injured worker sustained leg injuries.

M-Con pleaded guilty to failing, as an employer, to ensure that the measures and procedures prescribed by subsection 45(b) of Ontario Regulation 851 - the Industrial Establishments Regulation - was carried out at the workplace, contrary to the Occupational Health and Safety Act. Specifically, the company failed as an employer to ensure that the assembly was placed in such a way that it did not tip, collapse or fall.

M-Con Products Inc. was given a fine of $50,000 by Justice of the Peace Brian Mackey in Ottawa court on January 28, 2016.                                  

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: 

Provincial Offences Court/Ontario Court of Justice

100 Constellation Avenue

Ottawa, Ontario

                                   

Judge:

Justice of the Peace Brian Mackey

                                   

Date of Sentencing:

January 28, 2016


Defendant:

M-Con Products Inc.

2150 Richardson Side Road

Carp, Ontario


Matter:

Occupational health and safety

                                   

Conviction:

Occupational Health and Safety Act

Section 25(1)(c)

                                   

Ontario Regulation 851 (Industrial Establishments Regulation)

Section 45(b)

                                               

Crown Counsel:

Mike Nicol

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