Two workers injured, Ball Construction, Inc. fined $68,750

Workers fell into a pit after constructor failed to ensure safety

Two workers injured, Ball Construction, Inc. fined $68,750

The Kitchener, ON, company had been contracted to renovate a factory, which at the time was being decommissioned.

The two workers were injured on July 18, 2018. They were employed by a subcontractor to Ball. Construction business Ball specializes in design build, construction management, general contracting and special project management services.

They started working near some abandoned press pits and trenches, which had been placed behind caution tape. The subcontractors used an elevated work platform; to do so they moved wooden wall sections out of the way to make more space. These wooden sections had been on the floor, covering an abandoned press -which the workers were unaware of. When the workers attempted to push the wooden wall section out of the way, they fell into the pit which was approx. three meters deep.

Ball Construction was fined $55,000 as well as an additional 25 per cent victim fine surcharge required by the Provincial Offences Court in Kitchener, ON. The surcharge equals $13,750. As such, in total Ball will be required to pay $68,750.

After an investigation by the Ministry of Labour, Training and Skills Development, it was determined that both the caution tape and pylons used on the site did not meet current requirements for guardrails which had been installed around the trenches and press pit.

As amended by Section 26.1(1) of Ontario Regulation 213/91, the Regulation for Construction Projects, requires that a worker be protected by a guardrail system which meets the requirements of the Regulations.

Source: Government of Ontario