Guelph Concrete Manufacturer Fined $70,000 Following Worker Injury

Convicted: Kiwi Constructors Ltd., 41 Massey Road, Guelph, Ontario, a manufacturer of precast concrete building components.

Location of Workplace: 41 Massey Road, Guelph, Ontario

Description of Offence: A worker was injured after being struck by a moving production table in the workplace. Kiwi Constructors Ltd. failed, as an employer, to ensure that the equipment had an adequate automatic warning system to alert workers when it was starting up or moving. This was contrary to section 33 of Regulation 851 and section 25(1)(c) of the Occupational Health and Safety Act.

Date of Offence: September 24, 2025

Date of Conviction: September 18, 2026

Penalty Imposed:

• Following a guilty plea in the Provincial Offences Court in Guelph, Kiwi Constructors Ltd. was fined $70,000 by Justice of the Peace Michael Cuthbertson; Crown Counsel was Judy L. Chan.
• 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.

Background:

• Kiwi Constructors Ltd. manufactures precast concrete building components at its facility in Guelph.
• The company uses a semi-automated production system that moves large steel tables between workstations.
• On the day of the incident, a worker was walking through the production area while a table was being moved from a workstation to another area.
• The worker entered the path of the moving table and was struck by the equipment.
• A Ministry of Labour, Immigration, Training and Skills Development investigation found that portions of the equipment's movement were not visible from the control station and the warning system, which used a white light when the tables were in motion, was inadequate.
• Section 33 of Regulation 851 (Industrial Establishments) requires employers to ensure workers are warned when equipment that cannot be fully seen from the control station starts moving and could put a worker at risk.