Ottawa construction companies, supervisors fined total of $677,500​

Worker died after being struck by large piece of ice while working in excavation

Claridge Homes and Bellai Brothers Construction along with two supervisors have been fined $677,500 for the death of a worker who was struck by a large piece of ice while working in an excavation. Claridge Homes and Bellai Brothers were both fined $325,000. Leo Simard was fined $15,000 and Michael Lwow was fined $12,500. Both men were site supervisors. The court also imposed a 25-per-cent victim fine surcharge.

The defendants were involved in the construction of a 46-storey condominium building in Ottawa with a nine-storey underground parking garage. This project included one of the deepest building basement excavations to be carried out in Canada and involved the digging of a 30-metre-deep excavation. Claridge Homes was the constructor and Bellai Brothers performed the structural concrete work for the building. Another company was contracted to dig the excavation.

On Feb. 4, 2016, a worker and safety representative for Bellai Brothers was struck in the back by falling ice from the south wall. The worker was not seriously injured, and an Ontario Ministry of Labour inspector attended that same day. The inspector observed equipment used to remove ice with pressurized hot water and issued no work orders related to ice removal, concluding that sufficient precautions were being taken.

Workers were frequently warned to watch out for the ice and to stay clear of the south wall. No safe distance was specified beyond the existence of a snow fence placed at 15 feet (4.5 metres) from the wall. On March 21 and 22, the excavated rock pile in front of the south wall was removed. The snow fence was not re-erected. On March 23, a worker, Olivier Bruneau, went into the excavation to begin preparing for a new footing. Shortly after, Bruneau was struck by a large piece of ice estimated to be four metres in length and 56 kilograms in weight. He was about 6.2 metres (more than 20 feet) from the south wall when struck. The ice fell from a location near the top of the south wall, but below the metal netting and tarps. Emergency workers attended to the scene, but Bruneau succumbed to the injuries.

The defendants failed to ensure that a wall of an excavation was stripped of loose ice that may slide, roll or fall upon a worker, contrary to section 232(1) of Ontario Regulation 213/91, the Construction Projects Regulation.