Ontario companies fined $230K in worker death at a construction site in Hamilton

Two Ontario companies face fines after an electrician died at a construction site in Hamilton.

The electrician was working on the roof of a building under construction at 40 Mallard Trail in Waterdown on Aug. 16, 2022, the Ministry of Labour, Immigration, Training and Skills Development said in a press release on Thursday.

The worker was running wire to the roof of the two-storey commercial building under construction, the release stated. While on the roof, the worker suffered a fatal fall to the ground below.

The roof had a parapet wall along its perimeter with no temporary fencing or guarding at the roof’s edge. Access to this part of the roof was from a stairwell that was not locked. The stairwell and roof had no signs warning about the fall hazard, the release stated.

The Provincial Offences Court in Hamilton convicted two companies in the death.

New Horizon Development Group (Waterdown) Inc., 3170 Harvester Road 70, Burlington, Ontario, a construction company, and TKEM Electric Ltd., 833 Enfield Road 6, Burlington, Ontario, a company that provides residential and commercial electrical services were both convicted.

The court found New Horizon failed, as a constructor, to ensure there were warning signs of the fall hazard on the roof as required by the Occupational Health and Safety Act.

TKEM Electric Ltd. failed, as an employer, to provide the worker with information, instruction or supervision related to the fall hazard posed by the roof’s edge, as required by the Act, the court found.

The companies were convicted on Oct. 17, 2024 (New Horizon), and March 21, 2024 (TKEM).

New Horizon was fined $130,000 by Justice of the Peace Sharon Floyd and TKEM Electric was fined $100,000 by Justice of the Peace Charles Kissi; Crown Counsel was Patrick Travers.

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.

Lead photo of 40 Mallard Trail in March 2022: Google Maps