Ontario Ministry of Labour fines Hamilton company after employee electrocuted, killed

A Hamilton business has been fined $150,000 by the Ontario Ministry of Labour following the death of an employee.

The Miska Trailer Factory pleaded guilty in Ontario Court of Justice in Hamilton on Dec. 11 after an employee was electrocuted on March 21, 2019, after coming into contact with live powerlines at the business on Highway 6 North.

It happened when the worker, who was standing on a scissor lift and mounting aluminum poles atop stationary flagpoles along a fence in the factory’s parking lot, made contact with overhead power lines.

The employee was transported to hospital in critical condition, and later died.

The Ministry of Labour found Miska did not take steps to prevent encroachment by the existing flagpole and new flag installation upon the three-metre minimum distance set from live power lines.

The court also imposed a 25-per cent victim fine surcharge as required by the Provincial Offences Act.

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The court rules Miska committed the offence of 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.