Hamilton construction company fined after death of worker for 2nd time


Published February 12, 2021 at 5:23 pm

McNally Construction Inc. has been fined by the Province over the death of a worker in 2018 after a guilty plea.

The Ministry of Labour, Training and Skills Development announced Friday (Feb. 12) that the Hamilton-based construction and tunnelling industry was fined $200,000 after a worker was fatally injured on June 21, 2018.

It’s the second time the company has been convicted after the death of a worker.

The latest incident occurred when a mini-excavator being operated in a pipe tipped over. It did not have the required cab or screen, which might have protected the worker.

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.

According to the background provided by the ministry, on June 21, 2018, a construction crew was working on a construction project in Hamilton.

Work was being performed in an underground pipe that was 1.8-metres.

A supervisor was operating a mini-excavator that had been lowered down a shaft and into the underground pipe.

The tip-over protection system (TOPS) of the mini-excavator had been removed by an unknown party prior to it being lowered down and into the pipe.

A TOPS protects a mini-excavator from tipping over and can protect an operator of a mini-excavator from overhead hazards.

“The supervisor decided to operate the mini-excavator,” said the ministry. “While operating it the supervisor was fatally injured when the front tracks of the machine lifted, causing the worker to be pinned between the top of the inside of the pipe and parts of the mini-excavator.”

This is a second offence for the defendant under Section 99 of the Construction Projects Regulation act that requires that a cab or screen be provided to protect a worker who is exposed to an overhead hazard while operating a vehicle.

The prior conviction occurred in 2013 when a young worker died.

The fine imposed on McNally Construction Inc. for the prior conviction was $170,000 after a plea of guilty.

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