Blog Post #1639 – Workplace Fatality Results in $130,000 Fine for Concord Company

Excerpt from the government of Ontario’s ‘Newsroom’

A worker, employed by Fourwinds Construction Inc. of Concord, Ontario, was fatally injured at a road widening project. Fourwinds Construction Inc. failed to ensure a headwall was stored in a way that did not endanger a worker, as required by section 37(1) of Regulation 213/91, contrary to section 25(1)(c) of the Occupational Health and Safety Act.

On August 31, 2023, three workers employed by the company were installing a headwall, a wall of concrete with a hole near the middle that frames the outlet of a drainage pipe or culvert.

As they attempted to fit the headwall to the pipe, the workers determined the excavation site was not wide enough to align the headwall, requiring further digging.

To clear the area for digging, the excavator operator moved the headwall and placed it in an upright position. Workers removed the chain sling from the excavator boom and attached the digging bucket.

While excavating to fit the headwall, the excavator bucket contacted the headwall, causing it to tip and fatally injure a worker.

Following a guilty plea in the Provincial Offences Court in Newmarket, Fourwinds was fined $130,000 by Justice of the Peace Linda Debartolo; Crown Counsel was Christine Perruzza.

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:

Fourwinds Construction Inc, was found guilty of a contravention of the ‘Construction Projects’ sector regulation 213/91, section 37, subsection 1 which states,

“Material or equipment at a project shall be stored and moved in a manner that does not endanger a worker.”

This is contrary to the Ontario Occupational Health and Safety Act (OHSA), section 25, subsection 1 (c) which states,

“An employer shall ensure that,

(c) the measures and procedures prescribed are carried out in the workplace.”

This was another terrible accident that did not need to happen. A few minutes more of care in securing the headwall prior to other work would have been the right approach.

Maybe Fourwinds needs to hire a safety professional.

HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Due Diligence’ and ‘Standard Operating Procedures’. 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.