CBS Contractor Sentenced in St. John’s Case

Service NL announced today that Farrell’s Excavating Ltd. has been sentenced following a trial in St. John’s Provincial Court after violations of the Occupational Health and Safety Act and Regulations. Sentencing was the result of investigations by the Occupational Health and Safety branch of Service NL.

The case originated from a June 2010 incident in CBS in which a company employee was alleged to have operated an excavator in an unsafe manner while removing asphalt from a parking lot which was to be repaved. There were no injuries involved.

Farrell’s Excavating Ltd. was charged with three violations under the act and regulations which related to its alleged failure to protect those not in its employ, to ensure that there was protection from flying fragments, and to ensure that a worker was not within range of the swinging movement of mobile equipment. Following the trial, the court found the company guilty of the first and third charges, and dismissed the second. Fines of $3,000 are to be paid for each offence.

The Farrell’s Excavating employee involved in the incident maintained both operator and supervisory duties on that job. He was charged with four violations which alleged that he failed to cooperate with other workers at the site to protect their health and safety, failure to refrain from operating equipment that would create an imminent danger to workers’ or other persons’ health and safety, failure to ensure that a worker is not in close proximity to the swing radius of equipment and as a supervisor, failure to knowingly operate mobile equipment which could create an undue hazard to the health or safety of a person. The court found the employee guilty of the second and third charges, and not guilty of the first. The fourth charge was stayed. Fines of $1,000 are to be paid for each of the two offences.

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Media contact:
Vanessa Colman-Sadd
Director of Communications
Service NL
709-729-4860, 682-6593
Vanessa.Colman-Sadd@gov.nl.ca

2012 12 17                                      3:50 p.m.