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Home Occupational Health & Safety Chatham, Ont., construction firm fined $85,000 after tree-felling death

Chatham, Ont., construction firm fined $85,000 after tree-felling death

by HR Law Canada

A small Chatham-based construction company has been fined $85,000 after one of its workers was fatally injured while cutting down a tree at a job site in southwestern Ontario.

John Harris Concrete Ltd. pleaded guilty in Provincial Offences Court in Sarnia to a charge under Ontario’s Occupational Health and Safety Act. The court found the company failed to provide the worker with proper training in tree felling, which contributed to the fatal incident, according to the Ministry of Labour, Immigration, Training and Skills Development.

The offence occurred on Oct. 26, 2022, near a drainage ditch on a construction site along Gould Road in the Township of Dawn-Euphemia. The victim was one of five employees at the company and had been tasked with clearing brush and felling trees from the area.

The ministry’s investigation determined that while the worker had received training in chainsaw use, they had not been trained in safely felling trees. Section 25(2)(a) of the Occupational Health and Safety Act requires employers to provide instruction and supervision to protect the health and safety of workers.

The company pleaded guilty on Jan. 13, 2024. The $85,000 fine was imposed by Justice of the Peace Susan E. Whelan. Neil Gobardhan served as Crown counsel.

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