Court Bulletin - Niagara Falls Company & Supervisor fined in trench death

    ST. CATHARINES, ON, Feb. 26 /CNW/ - Tony Garofalo's Concrete Works
Limited was fined $120,000 and a supervisor fined $5,000 in the Ontario Court
of Justice after pleading guilty in the death of a worker in a trench
    Justice of the Peace Carolyn Straughan heard that, on July 13, 2006, the
company was waterproofing the basement walls of a home at 6200 Trillium Cres.,
Niagara Falls. Workers had dug a trench along the side of the house for the
work. A worker was in the trench when its wall collapsed. The worker was
buried under soil. Co-workers unsuccessfully tried resuscitation. The worker
was pronounced dead at the scene.
    A Ministry of Labour investigation found that the trench did not have
shoring or a support system, as required under section 234(1) of Ontario
Regulation 213/91, the Construction Regulation of the Occupational Health and
Safety Act, nor was it sloped as defined in the regulation, section 234(2)(f).
    The company pleaded guilty as a constructor to failing to comply with
section 234(1) of Ontario Regulation 213/91, contrary to section 23(1)(c) of
the Occupational Health and Safety Act. Antonio Garofalo, supervisor of Tony
Garofalo's Concrete Works Limited, pleaded guilty to failing to ensure that
access to and egress from a work area below ground was from stairs, runway,
ramp or ladder, as required by section 70(1) of Ontario Regulation 213/91.
This was contrary to section 27(1)(a) of the Occupational Health and Safety
    In addition to the fines, the court 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.


                        Court Information at a Glance

              Location:   Ontario Court of Justice,
                          71 King St., St. Catharines, Ontario

              Judge:      Justice of the Peace Carolyn Straughan

              Date/Time:  9 a.m., February 15, 2008

              Defendant:  Tony Garofalo's Concrete Works Limited

              Matter:     Occupational Health and Safety Act

    Disponible en français


For further information:

For further information: Bruce Skeaff, Ministry of Labour, (416)
326-7405; David McCaskill, Crown Counsel, Legal Services Branch, Ministry of
Labour, (416) 326-1367

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