Convicted: One corporation, two individuals:
- 1428508 Ontario Limited of Concord, carrying on business as Forma-Con Construction
- Gordon Graham, a supervisor for Forma-Con
- Andry Sokhan, a worker for Forma-Con
Location of Workplace: Gore Meadows Community Centre and Library Complex, 10150 The Gore Road, Brampton, Ontario.
Description of Offence: Forma-Con had been contracted by Bondfield Construction Company Ltd. (both of 407 Basaltic Road, Concord) to provide formwork and case cement for the project. A crane was being used on the worksite that had been identified 12 days previously as being a danger. While being used to transport aluminum joists, the crane tipped over and the boom struck a worker, who was killed.
Date of Offence: April 21, 2015.
Convictions and Penalties Imposed:
All parties entered guilty pleas in Brampton court, 7755 Hurontario Street:
- Forma-Con Construction: $285,000 on November 27, 2017 before a judge, Justice Bruce W. Duncan, for failing as an employer to take every precaution reasonable in the circumstances for the protection of a worker contrary to section 25(2)(h) of the Occupational Health and Safety Act (OHSA).
- Gordon Graham, $15,000 on October 30, 2017 before a judge, Justice Paul T. O'Marra, for failing as a supervisor to take the reasonable precaution of immediately insisting that a crane be taken out of service after being advised by its operator that it was in a state of disrepair and was a serious danger to himself and workers, contrary to section 27(1)(c) of the OHSA.
- Andry Sokhan, $13,000 on on November 8, 2017 before a judge, Justice Nancy S. Kastner, for failing as a worker to work in compliance with section 93(2)(a) of the Construction Projects Regulation (Regulation 213/91): "no vehicle, machine, tool or equipment shall be used while it is defective or hazardous," contrary to section 28(1)(a) of the OHSA.
- Crown Counsel: Joe Ferraro.
- The court also imposed 25-per-cent victim fine surcharges as required by the Provincial Offences Act. The surcharge is credited to a special provincial government fund to assist victims of crime.
- A crane was brought to the worksite - a community centre and library complex under construction - for hoisting purposes. On April 9, 2015, Forma-Con worker Andry Sokhan, a licensed crane operator, sent text messages to supervisor Gordon Graham indicating that the crane was a danger; Graham responded that if the crane posed a danger it should be shut down. The crane continued to be used.
- On April 21, 2015, the crane was being used to move aluminum joists. The crane operator hoisted the load and after receiving a signal to do so, began to lower the boom.
- The crane tipped over to the right side of the operator's cab and the boom struck another Forma-Con worker. The worker was declared deceased at the worksite.
- At no time was the crane taken out of operation by anyone at the project, despite the communications by the crane operator on April 9 that the crane was in a state of disrepair and posed a serious danger to the operator and everyone around.