The Ontario Ministry of Labour has announced that Sean Teperman Consulting Corp., a Toronto-based construction company that specializes in demolition services in the construction industry, pleaded guilty and has been fined $50,000 by the Ontario Court of Justice, Toronto, after a worker suffered a critical injury at a job site.
On April 10, 2014 the company was engaged in the demolition of a building in Toronto. A worker 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. The worker was taken to hospital.
The investigation by Ontario’s Ministry of Labour investigation found that, based on the positioning of the excavator bucket and the worker in the bed of the dump truck, the worker was not 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 and 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.
In addition to the fine, the court imposed a 25-percent 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.