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Injury to Worker at Kitchener Wastewater Plant Results in $85,000 Fine

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Injury to Worker at Kitchener Wastewater Plant Results in $85,000 Fine

Ministry of Labour

KITCHENER, ONTARIO - A Mississauga-based scaffolding company pleaded guilty and has been fined $85,000 after a worker was permanently injured in a fall from a faulty scaffold.

The company, Echaufauds Plus (Laval) Inc., operating as Action Scaffold Services, is a supplier, erector and dismantler of scaffolds at construction projects, with its Ontario head office located at 7151 Fir Tree Drive in Mississauga. 

Action Scaffold had been retained to supply scaffolds at a construction project which involved upgrades to the Kitchener Wastewater Treatment Plant at 368 Mill Park Drive in Kitchener.

On May 27, 2015, an Action Scaffold crew was dismantling a scaffold that had previously been erected inside the primary digester tank at the wastewater plant. That morning, a sawn lumber plank of the scaffold snapped and broke, and a worker fell about seven metres to the floor of the tank. 

As a result of the fall, the worker suffered permanent injuries and has not returned to work.

An investigation by a Ministry of Labour inspector found that the sawn lumber plank on which the worker was standing showed signs of rot and had cracks, some of which spanned almost the full length of the plank. Section 135(2) of Ontario Regulation 213/91 (the Construction Projects Regulation) states that a work platform made of sawn lumber planks shall have planks of Number 1 grade spruce that do not have any defect affecting their load-carrying capacity.

Action Scaffold pleaded guilty to failing as an employer to ensure that measures and procedures prescribed by law were carried out on the project, and was fined $85,000 by Justice of the Peace Michael A. Cuthbertson in Kitchener court on January 24, 2017.

The court also 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

77 Queen Street North

Kitchener, Ontario


Judge:

Justice of the Peace Michael A. Cuthbertson

                                   

Date of Sentencing:

January 24, 2017


Defendant:

Echaufauds Plus (Laval) Inc., operating as

Action Scaffold Services

                                   

Head office:

7151 Fir Tree Drive

Mississauga, Ontario


Workplace:

Kitchener Wastewater Treatment Plant

368 Mill Park Drive

Kitchener, Ontario

                                   

Matter:

Occupational health and safety

                                   

Convictions:

Occupational Health and Safety Act

 Section 25(1)(c)         

Ontario Regulation 213/91 (Construction Projects Regulation)

Section 135(2)


Crown Counsel:

Judy L. Chan


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