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Two Windsor, Ont., construction firms fined $130,000 after worker injury

by HR News Canada
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Two Windsor-based construction companies have been fined a combined total of $130,000 following an incident where two workers were injured due to a masonry block wall collapse at a school construction site. The fines were imposed after the companies pleaded guilty to safety violations under Ontario’s Occupational Health and Safety Act.

The incident occurred on Nov. 11, 2021, at Eastview Horizon Elementary School, located on Stillmeadow Road in Windsor. Fortis Construction Group Inc., the general contractor on the project, and Vito Masonry Ltd., a subcontractor responsible for the masonry work, were found to have failed in their duty to ensure the wall was adequately braced, which led to its collapse during a change in weather conditions.

According to the Ministry of Labour, Immigration, Training and Skills Development, the unbraced wall — standing at 13.5 feet tall and spanning 54 feet — was completed on Nov. 9, 2021. Two days later, wind speeds exceeding 32 km/h contributed to the wall’s collapse while workers from both companies were present on the second floor of the building. The incident resulted in injuries to two workers.

Following an investigation, the Ministry determined that both Fortis and Vito had violated section 31(1)(b) of Regulation 213/91 by failing to brace the wall, leading to charges under section 23(1)(b) and section 25(1)(b) of the Occupational Health and Safety Act, respectively.

Fortis Construction Group Inc. was fined $85,000 on November 6, 2023, after pleading guilty in Provincial Offences Court, Windsor. On February 8, 2024, Vito Masonry Ltd. was fined $45,000 after also entering a guilty plea. In addition to the fines, both companies are required to pay a 25 per cent victim fine surcharge, which supports a provincial fund for crime victims.

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