Bermingham Construction Ltd. and Supervisor Fined $69,000 After Worker Injured

October 11, 2012

Hamilton, ON - Bermingham Construction Ltd., a Hamilton construction company, was fined $65,000 for a violation of the Occupational Health and Safety Act after a worker was injured. A supervisor at the company was fined $4,000 in relation to the same incident.

On January 7, 2010, at the company's Hamilton facility, a worker was refueling a mobile crane. The worker had climbed onto the crane and opened the lid of its fuel tank when the lid fell on the worker's hand. The worker was injured falling from the crane.

Bermingham Construction Ltd. was convicted, as an employer, of failing to take the reasonable precaution of ensuring that the fuel tank lid was secured during fuelling. The supervisor was convicted of failing to take the same precaution.

The fines were imposed by Justice of the Peace Vincent Formosi. 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
                                    45 Main St. E.
                                    Hamilton, ON

Judge:                         Justice of the Peace Vincent Formosi

Date of Sentencing:    October 4, 2012

Defendants:                 Bermingham Construction Ltd. and Supervisor

Matter:                         Occupational Health and Safety

Convictions:                 Occupational Health and Safety Act, Section 25(2)(h)
                                    Occupational Health and Safety Act, Section 27(2)(c)

Crown Counsel:           Alicia Gordon-Fagan