Sean Teperman Consulting Corp pleaded guilty following an investigation by the Ministry of Labour in the province of Ontario.
On 10 April 2014, the company was engaged in the demolition of a building at 282 St. Clair Avenue West in Toronto. A worker who had begun employment with the company the day before was assigned the task of assisting in loading dump trucks with debris. An excavator was used to lift debris and place it in the open-box bed of a dump truck. The worker was instructed to act as a spotter for the operator of the excavator and to be positioned inside the bed of the truck; the worker was to remain within the box while debris was being loaded.
The worker was struck by the moving bucket attached to the excavator and was taken to hospital.
The Ministry of Labour investigation found that the worker had not been visible to the operator of the excavator. The Construction Projects Regulation states that "no worker shall remain on or in a vehicle, machine or equipment while it is being loaded or unloaded if the worker might be endangered by remaining there." In addition, the Occupational Health & Safety Act requires that an employer ensure that a worker works in the manner and with the protective measures and procedures required by the Construction Projects Regulation.
Sean Teperman Consulting Corp. pleaded guilty and was fined $50,000 by Justice of the Peace Sunny Ng in Toronto court yesterday.
In addition to the fine, the court imposed a 25% 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.