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Developer, electrical company fined in death of worker at Waterdown construction site

New Horizons and TKEM Electric have to pay a combined $230,000 in fines
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An electrician fell two-storeys to their death while working at 40 Mallard Trail in Waterdown in August 2022.

A pair of companies have been fined $230,000 in the death of a worker who fell from a roof of a building in Waterdown in August 2022. 

New Horizon Development Group in Waterdown faces $130,000 in fines, and TKEM Electric Ltd. in Burlington faces $100,000 in fines after both pled guilty at the provincial offences court in Hamilton. 

On August 16, 2022, an electrician was running wire to the roof of a two-storey commercial building that was under construction at 40 Mallard Trail. The roof had a parapet wall along the perimeter, with no additional temporary fencing on the edge. The roof was also accessible by an unlocked stairwell, which also had no fall warning signs. 

The electrician fell off the roof and was killed.

The court found that New Horizon failed to ensure there were warning signs posted about the fall hazard, as required by section 23 (1)(a) of the Occupational Health and Safety Act. Additionally, TKEM Electric failed to provide information, instruction, or supervision related to the fall hazard as required by section 25 (2)(a) of the same act. 

The court also imposed a 25 per cent victim fine surcharge, credited to a special provincial government fund to assist victims of crimes.

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