South Essex Fabricating Inc., a fabricator of commercial greenhouse structures and pre-engineered buildings, has been fined $65,000 following a workplace incident that left a worker critically injured.
The penalty was imposed by Justice of the Peace Mary-Louise Cortese in the Provincial Offences Court in Windsor, Ont., on July 8, 2024.
The incident occurred on Nov. 4, 2022, at a worksite located in Leamington, Ont. According to the Ministry of Labour, Immigration, Training and Skills Development, three workers from South Essex Fabricating were repairing a damaged stormwater drainage pipe inside a trench.
The company had been contracted to build an addition to a greenhouse served by the pipe.
The trench, which had walls over seven feet wide and more than eight feet deep, was found to be inadequately shored, with vertical cuts and no sloping or support structures in place. As one worker entered the trench to carry out repairs, a section of the wall collapsed, causing critical injuries.
An investigation revealed that South Essex Fabricating Inc. had violated Section 234(1) of Regulation 213/91 under the Occupational Health and Safety Act (OHSA) by failing to shore the walls of the trench, a measure required to prevent such collapses. The company’s actions were deemed contrary to Section 25(1)(c) of the OHSA, which mandates employers to ensure prescribed safety measures and procedures are followed.
In addition to the fine, the court imposed a 25 per cent victim fine surcharge, which will be directed to a provincial government fund designed to assist victims of crime. Crown Counsel Michael Nichol represented the prosecution.
