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Concrete company fined $44,000 after young worker hurt badly on job

BY KEITH LACEY [email protected] A Sudbury-based concrete company was fined almost $44,000 Monday after pleading guilty to one count of failing to take all necessary precautions to ensure a worker was safe.
BY KEITH LACEY

A Sudbury-based concrete company was fined almost $44,000 Monday after pleading guilty to one count of failing to take all necessary precautions to ensure a worker was safe.

BrownÂ?s Concrete and supervisor Gordon Herold were both facing numerous charges, but the charges were withdrawn after BrownÂ?s, through lawyer Berk Keaney, pleaded guilty to the one count of failing to ensure all necessary precautions were taken to ensure a workersÂ? safety.

During the incident in question, a young worker with no previous experience working with a crane crew fell almost 50 feet to the ground from the top of a shed.

The shed was being lifted by a crane at the BrownÂ?s Concrete yard in SudburyÂ?s South End during the summer of 2002.

The young worker suffered a broken arm, two broken feet and a crushed vertebrae in his neck area and was hospitalized and had to spend several weeks in a wheelchair.

Court heard the young worker has almost fully recovered from his serious injuries.

Court also heard the young worker was not working with any fall protection apparatus, required under Ontario law, when working in such a situation.

Court heard an employee of BrownÂ?s Concrete had constructed the shed, used to store equipment and tools, several years ago.

The shed was being moved from the yard and a private company with plenty of experience in moving such objects was called in, although management and staff from BrownÂ?s Concrete were involved in hooking up the shed and moving it four times before the accident took place.

Keaney said BrownÂ?s management did the right thing in hiring professionals and using a professional crane operator to move the shed, however, must accept responsibility that all work done on its property is done safely and under Ontario regulations.

BrownÂ?s has been a solid corporate citizen in this community for many years and has no previous history of breaking any laws, said Keaney.

Since this incident, a professional consulting company has been hired by BrownÂ?s management to conduct a comprehensive review of company safety policies and a new series of safety policies have been established, said Keaney.

Considering the seriousness of the injuries sustained by the young worker and the companyÂ?s lack of previous trouble and renewed dedication to ensuring all of its employees and managers work safely, a fine of $35,000 would be appropriate, said Keaney.

Ministry of Labor lawyer Eric del Junco said this joint submission was agreed to following several meetings between lawyers on both sides and during a pre-trial meeting held before another judicial officer.

A stiff fine will act as a deterrent to this company to ensure all work done on its property is done safety and within regulations, said del Junco.

Justice Randall Lalande agreed the company should not ought have allowed a young, untrained worker to work so far above ground without a fall apparatus and agreed the $35,000 fine was justified.

Â?IÂ?m sure everyone feels badlyÂ?and if every precaution has been taken, this could have been prevented,Â? said Lalande.

The judge imposed a mandatory 25 per cent surcharge on top of the $35,000 fine, bringing the total fine to just under $44,000.

BrownÂ?s Concrete was given four months to pay the fine.




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