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Barrie Company Fined $50,000 After Worker Pinned, Injured

Court Bulletin

Barrie Company Fined $50,000 After Worker Pinned, Injured

Ministry of Labour

NEWMARKET, ON - Western Mechanical Electrical Millwright Services Ltd., a company that provides millwright and structural engineering services, pleaded guilty and has been fined $50,000 after a worker was pinned by falling posts and injured on a construction site.

On March 5, 2014 Western Mechanical was engaged by a company to dismantle and replace a steel storage system inside that company's warehouse in Concord. The storage consisted of 'sleeper' beams (hollow steel tubes) laid out in the ground and vertical upright posts welded onto the sleeper beams.

At the time of the incident, one worker was in the process of welding a 12-foot upright post in place on a sleeper beam. Other workers were in the process of demolishing the older system of racking. To do so, another worker cut loose an upright support using a grinder and a torch.

As this was being done, it caused a rotation of sleeper beams and posts that were already welded in place. The posts caused a domino effect and continued to knock over two more rows of upright posts.

The worker who had been performing welding was located in line with the falling posts and was struck. The static weight of the load which fell on the worker was over 2,400 pounds. The worker was pinned until a crane could be brought to lift the steel off the worker, who suffered leg injuries.

The subsequent Ministry of Labour investigation found that although the preliminary checks by Western Mechanical's supervisor indicated that the sleepers were anchored, not all of them were.

In the circumstances Western Mechanical failed to take the reasonable precaution of ensuring that a sleeper beam was securely anchored prior to upright posts being installed, contrary to section 25(2)(h) of the Occupational Health and Safety Act. The company pleaded guilty and was fined $50,000 by Justice of the Peace Douglas Clark in Newmarket court on February 12, 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


Ontario Court of Justice

465 Davis Drive

Courtroom T2

Newmarket, Ontario


Justice of the Peace Douglas Clark


Date of Sentencing:

February 12, 2016


Western Mechanical Electrical Millwright Services Ltd.

160 Brock Street

Barrie, Ontario


Occupational health and safety



Occupational Health and Safety Act

 Section 25(2)(h)


Crown Counsel:

Alicia Gordon-Fagan

Media Contacts



Law and Safety