A Leamington, Ontario, farm and its staffing provider were fined a total of C$170,000 (US$128,871) after a contingent worker died on the job last year, according to a court bulletin from the province of Ontario.
Lebo Farms Ltd. was fined C$100,000 (US$75,801). Its staffing provider, FHES Ontario Ltd., also based in Leamington, was fined C$70,000 (US$53,064), according to the bulletin. Both companies entered guilty pleas in the Ontario Court of Justice.
According to the bulletin, the incident occurred on Jan. 10, 2022, when temporary workers supplied by FHES were installing vent glass and weather strips on the roof of a greenhouse under construction by Lebo Farms. Enrique Hernández, a 27-year-old father from Cardel, Mexico, fell through a glass panel 25 feet to the ground and suffered fatal injuries.
Hernández had received working-at-heights and fall-arrest training and was wearing a fall protection harness; however, against safety procedures, the harness was not connected to the platform.
According to the court bulletin, FHES did not ensure Hernández had received appropriate information and supervision for use of the installation platform, and Lebo Farms failed to ensure he was wearing appropriate fall arrest protection while working on the roof.
In addition to the fines, both companies were subject to a 25% victim fine surcharge as required by the Provincial Offences Act. The surcharge will be credited to a provincial government fund to assist crime victims.
