Blog Post #1654 – Chatham Constructor Fined $85,000 After Worker Fatality

Report from the government of Ontario’s ‘Newsroom’

A worker, employed by John Harris Concrete Ltd. of Chatham, Ontario, a very small construction company specializing in concrete foundations, was fatally injured while cutting down a tree. The company failed, as an employer, to provide training to the worker as required by section 25(2)(a) of the Occupational Health and Safety Act.

One of the company’s five workers was clearing brush and felling trees from the area around a drainage ditch when they were fatally injured by a tree.

A Ministry of Labour, Immigration, Training and Skills Development investigation found that while the worker had been trained to operate a chainsaw safely, they were not trained on tree felling.

Following a guilty plea in the Provincial Offences Court in Sarnia, the company was fined $85,000 by Justice of the Peace Susan E. Whelan; Crown Counsel was Neil Gobardhan.

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:

John Harris Concrete Ltd. was found guilty of a contravention of the Ontario Occupational Health and Safety Act (OHSA), section 25, subsection 2(a) which states,

“An employer shall,

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

The operator was not trained in tree felling and section 25, 2(a) is very important for the safety of any worker; he/she MUST have all the information necessary to do the job safely.

HRS Group Inc. has a great team that can help you with all your health and safety needs. 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.