An Ontario court has upheld occupational health and safety convictions against a construction company and two supervisors after a worker was killed by a falling concrete block at a Toronto condominium project. The incident occurred during a hoisting operation. Workers were moving concrete blocks with a crane and used rebar embedded in waste concrete as attachment points. Those attachment points had not been designed for that purpose. A block fell during the lift and fatally struck a worker. The prosecution focused on the safety measures surrounding the lift, the suitability of the attachment method, the training and supervision provided to workers and the precautions taken by the company and supervisors. Limen Group Construction and two supervisors were convicted after trial under Ontario occupational health and safety legislation. The company was fined $600,000. The supervisors received fines of $10,000 and $15,000. The statutory victim fine surcharge also applied. The defendants appealed. The Superior Court of Justice dismissed the appeal and left the convictions and sentences in place. The result reinforces two related workplace safety duties.
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