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Construction company fined after worker fatally injured by fall

Construction company fined after worker fatally injured by fall

TORONTO — A worker at a small construction company was fatally injured after falling about five metres from a roof and the company and its director have been fined.

Following guilty pleas in provincial offences court in St. Thomas, Ont., VanHeughten Contractors Inc. was fined $85,000 and the company’s director Kyle VanHeughten was fined $32,500 by Justice of the Peace Susan Whelan.

The incident occurred March 4, 2022 at a construction project in Aylmer, Ont.

The company was convicted March 8. The court found the company failed to ensure the measures and procedures prescribed under section 26.1(2) of Regulation 213/91 were carried out in the workplace, contrary to section 25(1)(c) of the Occupational Health and Safety Act. 

Kyle VanHeughten failed to take all reasonable care to ensure that the corporation complied with section 26.1(2) of Regulation 213/91 contrary to section 32(a) of the Act.

On the day of the incident, four workers were installing wooden roof trusses on top of framed walls on a construction project in Aylmer. No guardrail protection was present, nor were any of the workers wearing any other method of prescribed fall protection equipment or any protective headwear.

One worker was standing on a two-by-four inch wood strapping while nailing wood with a cordless framing nailer, indicates a court bulletin, adding the strapping broke and the worker fell 5.08 metres from the roof and was struck by the nailer, causing fatal injuries.

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