McNally Construction Inc. of Hamilton, Ont. was fined $170,000 for a violation of the Occupational Health and Safety Act after a worker was fatally injured.
BRAMPTON, ONT.
McNally Construction Inc. of Hamilton, Ont. was fined $170,000 for a violation of the Occupational Health and Safety Act after a worker was fatally injured.
On Sept. 30, 2011, a worker was operating a battery powered locomotive in a tunnel project at the northeast corner of Mississauga Road and Queen Street in Brampton, Ont. The worker used the locomotive to move debris from tunneling to the exit for removal.
To reach the exit the worker had to move the locomotive along a track that ran through a steel gantry. The locomotive stopped while under the gantry. A supervisor decided to disconnect the cars from the locomotive so that it could reach the exit and have a fresh battery installed.
As the cars were being disconnected the worker’s head was raised between the locomotive battery and part of the gantry. The locomotive then moved forward, crushing the worker’s head between the battery pack and the gantry. The clearance between the highest level of the battery pack and the gantry was 12.1 centimetres. The worker suffered fatal injuries.
At the time, police had said he was found without vital signs and pronounced dead a short time later.
An investigation by the Ministry of Labour found that the gantry was not safe for use with the supplied locomotive.
McNally Construction Inc. pleaded guilty to failing to take every precaution reasonable in the circumstances for the protection of a worker.
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