Company and supervisor fined after worker injured in excavation incident
Sudbury, Ont. – R.M. Belanger Limited pleaded guilty and was fined $125,000, and a supervisor pleaded guilty and was fined $5,000 after a worker was injured.
On November 3, 2016, a R.M. Belanger crew was excavating a trench in order to access underground pipes at 935 Ramsey Lake Road in Greater Sudbury. A worker entered the excavation to do cleanup work and was in the trench when one of the walls collapsed, causing the worker to be partially buried and suffer leg injuries.
A Ministry of Labour investigation determined that the walls of the trench had not been properly sloped as required by section 234 of the Construction Regulation. This was in violation of section 25(1)(c) of the Occupational Health and Safety Act. The investigation also found that the site supervisor had not ensured that a worker worked with protective devices, measures and procedures in place as required by section 27(1)(a) of the Occupational Health and Safety Act.
R.M. Belanger Limited pleaded guilty and was fined $125,000, and a supervisor pleaded guilty and was fined $5,000. The fines were imposed by Justice of the Peace Ruby Beck. The court also imposed a 25-per-cent victim fine surcharge as required by the Provincial Offences Act. The surcharge is credited to a special provincial government fund to assist victims of crime.
Source: Ministry of Labour