Greater Sudbury Mining and Construction Contractor Fined $125,000 After Workplace Injury

The Voice of Canada News:

Convicted: Consbec Inc., 2736 Belisle Drive, Val Caron, Ontario, P3N 1B3, a surface and underground mining and civil construction contractor

Location of Workplace: Construction project on Highway 11/17 in Dorion Township

Description of Offence: A worker was critically injured when a construction drill rig tipped on uneven ground and struck them. Consbec Inc. failed to ensure the worker had been provided sufficient information, instruction and supervision on the safe operation of the drill rig.

Date of Offence: April 29, 2022

Date of Conviction: December 11, 2023

Penalty Imposed:

• Following a guilty plea in Provincial Offences Court in Thunder Bay, Consbec Inc. was fined $125,000 by Justice of the Peace Nancy Tulloch. Crown Counsel was Graeme Adams.
• 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.

Background:

• On April 29, 2022, Consbec Inc. was doing contract work on a construction project expanding Highway 11/17.
• One worker was operating a drill rig that was advancing a series of boreholes in the ditch for explosive rock blasting.
• The worker positioned the drill rig on uneven ground with the tracks slightly overhanging a small embankment, then positioned themself between the rig and a rock shoulder.
• When the worker extended the boom of the drill rig and set the drill rig mast upright, the rig tipped forward on the uneven ground, striking and critically injuring the worker.
• At the time of the incident, the worker’s direct supervisor had briefly left the ditch to return equipment to a nearby storage unit on the same project site.
• A Ministry of Labour, Immigration, Training and Skills Development investigation determined that Consbec Inc. failed, as an employer, to provide information, instruction and/or supervision to a worker to protect the health and safety of the worker, contrary to section 25(2)(a) of the Occupational Health and Safety Act.