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Ontario conviction
August 25, 2023

Construction Supervisor Convicted and Fined $70K Following Workplace Fatality

In a recent case that underscores the critical importance of workplace safety, Tony Ventrone, a former construction supervisor at Infrastructure Coatings (Ontario) Corporation, faced a conviction and a substantial fine. The incident occurred at the company’s workplace on Highway 407 and Islington Avenue in Woodbridge, Ontario.

The tragedy unfolded on August 5, 2020, when a worker sustained fatal injuries in an explosion at the worksite. Investigations revealed that the accident could have been prevented. As per Ontario Regulation 213/91 and the Occupational Health and Safety Act, it was the responsibility of the construction supervisor to ensure that a fire extinguisher was available when open-flame operations were being conducted. Unfortunately, this crucial safety measure was not in place, leading to catastrophic consequences.

Following a guilty plea in the Ontario Court of Justice in Newmarket, Tony Ventrone was convicted and fined $70,000. Justice Edward Prutschi presided over the case, with Crown Counsel David McCaskill representing the prosecution. Additionally, a 25 percent victim fine surcharge, mandated by the Provincial Offences Act, was applied. This surcharge contributes to a special provincial government fund designed to assist victims of crime.

Background:

Infrastructure Coatings (Ontario) Corporation was contracted to re-line an underground water chamber as part of a watermain remediation project. While the initial waterproofing application took place in July 2020, subsequent inspections identified an issue requiring further work. Tragically, during the re-spraying process, a series of events unfolded that resulted in the worker’s death.

Despite the presence of a construction supervisor on-site, the absence of a readily accessible fire extinguisher during open-flame operations led to the devastating explosion. MEK, an extremely volatile and flammable substance, ignited, causing the fatal incident.

This case serves as a stark reminder of the paramount importance of adhering to safety regulations in the workplace, especially when dealing with hazardous materials and open-flame operations. The conviction and fine of Tony Ventrone underscore the legal consequences for failing in this duty of care, ultimately emphasizing the need for a robust safety culture in all workplaces.


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