Blog Post #1638 – Two Companies Fined $230,000 Total After Workplace Fatality

Excerpt from the government of Ontario’s ‘Newsroom’

A worker, employed by New Horizon Development Group (Waterdown) Inc. of Burlington, Ontario, a construction company, fell from the roof of a building under construction. New Horizon failed to ensure there were warning signs posted about the fall hazard, as required by section 23(1)(a) of the Occupational Health and Safety Act. TKEM Electric failed to provide information, instruction or supervision related to the fall hazard as required by section 25(2)(a) of the Act.

On August 16, 2022, an electrician was running wire to the roof of a two-storey commercial building under construction. While on the roof, the worker suffered a fatal fall to the ground below.

The roof had a parapet wall along its perimeter with no temporary fencing or guarding at the roof’s edge. Access to this part of the roof was from a stairwell that was not locked. The stairwell and roof had no signs warning about the fall hazard.

New Horizon failed, as a constructor, to ensure there were warning signs of the fall hazard on the roof as required by section 23(1)(a) of the Occupational Health and Safety Act.

TKEM Electric Ltd. failed, as an employer, to provide the worker with information, instruction or supervision related to the fall hazard posed by the roof’s edge, as required by section 25(2)(a) of the Act.

Following guilty pleas in the Provincial Offences Court in Hamilton, New Horizon was fined $130,000 by Justice of the Peace Sharon Floyd and TKEM Electric was fined $100,000 by Justice of the Peace Charles Kissi; Crown Counsel was Patrick Travers.

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.

My opinion

The law(s) in contravention:

New Horizon, as the constructor, was found guilty of a contravention of the Ontario Occupational Health and Safety Act (OHSA), section 23, subsection (a) which states,

“A constructor shall ensure, on a project undertaken by the constructor that,

(a)  the measures and procedures prescribed by this Act and the regulations are carried out on the project.”

TKEM Electric Ltd., as the employer, was found guilty of a contravention of the OHSA, section 25, subsection 2(a) which states,

“An employer shall,

(a)  provide information, instruction and supervision to a worker to protect the health or safety of the worker.”

As the reader can see, the mandatory ‘Working at Heights’ training was either not completed or was completely ignored.

Either way, another worker has to die on the job!

HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Fall Protection’ and ‘Working at Heights’.

Contact Deborah toll free at 1-877-907-7744 or locally at 705-749-1259.

We can also be reached at

Ensure your workplace is a safe place.

Remember – In Ontario, “ALL Accidents are Preventable”

‘Work’ and ‘Play’ safe.

Daniel L. Beal

CHSEP – Advanced Level
CEO & Senior Trainer
HRS Group Inc.