Court ruling highlights oversight failures onsite
A construction company in Ontario has been fined $60,000 following a workplace fatality involving a worker who fell from a barn roof under construction, according to the Ministry of Labour, Immigration, Training and Skills Development.
Hendrik Jan Van Ginkel Construction pleaded guilty in the Ontario Provincial Offences Court in Woodstock to failing to ensure adequate fall protection for a worker exposed to a height-related hazard. The conviction was registered on March 5, in connection with an incident that occurred on Dec. 7, 2023.
The court heard that the worker, who had been contracted by the company, was installing strapping across roof trusses at a dairy farm in Thamesford. Positioned approximately 30 ft above ground level, the worker fell through the truss framing and sustained fatal injuries.
The ministry said the worker was not using any form of fall protection at the time, despite such equipment being available onsite. The company also failed to assign a supervisor or provide formal safety talks for the project, and while it had a written safety policy, no formal fall protection procedures had been implemented.
Justice of the Peace Anne-Marie Tymec imposed the $60,000 fine, along with a mandatory 25% victim fine surcharge under the Provincial Offences Act. The surcharge contributes to a provincial fund supporting victims of crime.
Following the incident, the ministry issued multiple orders, including stop-work orders, requiring the company to implement fall protection measures and establish a rescue plan. The company complied with these requirements, the ministry said.
The case comes amid a broader trend of stricter enforcement across Canada. In 2025, authorities recorded 175 significant occupational health and safety fines totalling more than $28 million, with the average penalty reaching about $160,000. Fines have also risen by more than 20% year over year, with six-figure penalties becoming increasingly common.
In Ontario, regulators have introduced administrative monetary penalties, enabling inspectors to issue fines more quickly without court proceedings. The measures are intended to strengthen compliance and expand enforcement options, particularly in high-risk sectors such as construction.
