The defendants, Strabag Limited (constructor) and Ryszard Pietka (supervisor), were charged with four counts under section 23 of the Occupational Health and Safety Act for failing to prevent a worker from falling into operating machinery by ensuring appropriate guardrail systems or fall protection methods were in place, and for failing to ensure machinery was locked out while a worker was exposed to it.
The incident occurred on January 14, 2010, at the Niagara Tunnel Project when an apprentice electrician fell onto a conveyor belt system while repairing a camera.
The court found the defendants guilty on counts one and four (guardrail charges) but acquitted them on counts two and five (lockout charges).
The court imposed a fine of $30,000 on Strabag and $1,000 on Pietka.
