A Durham-based cement manufacturer has been fined $475,000 after a worker fatality at its Bowmanville plant, Ontario Courts said yesterday.
It said St. Mary’s Cement failed, as a constructor, to ensure blocking was installed to prevent the movement of equipment during repair work, contrary to parts of the Occupational Health and Safety Act.
The incident happened on March 21, 2023 and the conviction was handed out on September 14, 2026.
The Fatality
On the day of the incident, a young worker employed by Trade-Mark Industrial as an industrial mechanic millwright apprentice was working on an overburden hopper used to move quarry material for cement production. The hopper contained a gate that controlled the flow of material through the system.
The worker entered the hopper to perform maintenance work. While the worker was inside, a planned power shutdown occurred elsewhere at the project for electrical work. The shutdown caused the gate inside the hopper to close, fatally injuring the worker.
Each year, St. Mary’s Cement shuts down its Bowmanville plant for annual inspections, maintenance and repairs on its equipment. During the shutdown, the workplace becomes a construction project under the Occupational Health and Safety Act. During its annual shutdown in 2023, the company had hired Trade-Mark Industrial Inc. as a subcontractor on the project.
A Ministry of Labour, Immigration, Training and Skills Development investigation found that blocking had not been installed to prevent the gate in the hopper from moving during maintenance work.
Penalty Imposed:
- Following a guilty plea in the Ontario Court of Justice in Oshawa, St. Mary’s Cement Inc. (Canada) was fined $475,000 by Justice Liana Marcon; Crown Counsel were Shantanu Shankar Roy and Alexsis Qi.
- The court also 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.