Saul Ste. Marie, ON – 1531147 Ontario Ltd., operating as Millennium Crane Rentals Ltd., a Sault Ste. Marie construction company, was fined $70,000 for a violation of the Occupational Health and Safety Act after inspectors visited a worksite in response to a worker fatality.
On April 16, 2009, Millennium Crane Rentals Ltd. was contracted at a construction project on Fifth Line East in Sault Ste. Marie. A worker was in an excavation when a crane owned by the company rolled into the excavation and pinned the worker to the wall. The worker was killed.
A Ministry of Labour inspection following the incident found that the crane was in a state of disrepair. The braking components of the crane were not fully functional. Parts of the braking system were found to be broken and deteriorated, including seized calipers and worn out brake pads and drums. One brake fluid reservoir was found to be empty and corroded inside. The crane had only 25% brake function in its four rear wheels, and only 31.25% brake function in its four front wheels. These defects ought to have been noticed by a competent worker inspecting the crane.
Millennium Crane Rentals Ltd. was found guilty of failing to ensure that the crane was maintained in a condition that would not endanger a worker. The Crown, however, could not prove that the lack of maintenance on the crane caused the crane to roll into the excavation and fatally injure the worker.
The fine was imposed by Justice Andrew Buttazzoni. In addition to the fine, 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.
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