Ottawa concrete company fined six-figure sum in death of worker

Worker injured by collapsing wall while working on foundation of home

Ottawa concrete company fined six-figure sum in death of worker

An Ottawa concrete company has been fined $115,000 and ordered to pay a 25 percent victim surcharge after a worker died while working on a construction project.

Bacic Forming Concrete Ltd. pleaded guilty to failing to take precautions to prevent injury to a person on or near a project.

The incident happened in January 2021 in Ashton, Ontario where the company had been subcontracted by a home building company to work on the foundation of a new residential dwelling.

The home builder noticed errors in the foundation after the work was completed and notified Bacic Forming Concrete. The company inspected the issue and determined at least three foundation walls needed to be removed to fix the problem.

The company directed two workers to use a saw to cut the foundation to remove the problematic walls and directed an excavator operator employed by the home builder to knock down the cut sections using the machine.

“During the cutting process, the belt on the saw broke and the owner of Bacic Forming Concrete left the job site to get it repaired,” reads a press release from the Ministry of Labour, Immigration, Training and Skills Development.

It says before leaving, the owner told two workers to use crowbars and hammers to loosen the concrete around a window to salvage the window frame. The workers decided it would be better to ask the excavator operator to tap the wall with the bucket to loosen the concrete and crack the seal around the window.

“Believing that the two workers were clear of the wall after repositioning the excavator cab, boom and bucket, the operator tapped the interior of the wall with the excavator bucket, causing the entire wall to collapse. Unbeknownst to the operator, one of the workers was still in the excavation and sustained fatal injuries from the collapsing wall,” says the ministry.

The excavator operator had reduced visibility due to physical obstructions and the glare of the sun. Bacic Forming Concrete failed to designate a signaler, contrary to the procedures prescribed in section 214(2) of Ontario Regulation 213/91, and section 25(1)(c) of the Occupational Health and Safety Act.