Two Windsor companies fined a total of $130K after workers injured in wall collapse

Fortis Construction Group Inc. and Vito Masonry Ltd., both of Windsor, Ont., are facing fines totalling $130,000 after a section of an unbraced masonry block wall collapsed, injuring two workers.

In November 2021, Fortis Construction Group Inc. was the constructor of a new school in Windsor. The company had hired Vito Masonry Ltd. to complete masonry work, including building block walls.

On Nov. 9, 2021, a freestanding interior masonry block wall measuring 54 feet long and 13.5 feet tall was completed. The wall was not braced by workers from either company.

On Nov. 11, 2021, workers from both companies were on the second floor of the building. The weather that morning was unremarkable. However, in the early afternoon, the weather changed, with wind speeds reaching over 32 km/h. During this time, a section of the unbraced masonry block wall collapsed, injuring two workers.

An investigation by the Ministry of Labour, Immigration, Training and Skills Development found that the masonry block wall was inadequately braced.

Fortis Construction Group pleaded guilty to failing, as a constructor, to ensure the wall was adequately braced as required by section 31(1)(b) of Regulation 213/91, a violation of section 23(1)(b) of the Occupational Health and Safety Act. The company was fined $85,000 for the violation.

Vito Masonry Ltd. pleaded guilty to failing, as an employer, to ensure that the wall was adequately braced as required by section 31(1)(b) of Regulation 213/91, a violation of section 25(1)(b) of the Act. The company was fined $45,000 for the violation.

The court also imposed a 25 per cent victim fine surcharge on each company, as required by the Provincial Offenses Act. The surcharge is credited to a special provincial government fund to assist victims of crime.