Tecumseh concrete manufacturer fined $175k after 2018 worker death
A Tecumseh company has been fined $175,000 after the 2018 death of an employee and the critical injury of another.
Prestressed Systems Inc. (PSI) pleaded guilty on Monday to failing to provide proper protections for Michael Cobb, an employee who died in an April 12, 2018 incident at the Tecumseh concrete manufacturer, after an equipment failure.
Randal Sullivan, another employee, was critically injured in the same incident.
Patrick Ducharme, a Windsor-based criminal defense lawyer who represented PSI in court, said the company from the very beginning "was desirous of resolving the matter [and] they would be prepared to enter a guilty plea that would admit responsibility."
"No matter what fails mechanically, it's their job to make sure that all the equipment is safe at all times," he said.
Ducharme said the manufacturer of the equipment owned by PSI that failed was called in during the aftermath of the incident.
"They examined the machinery and they felt that it should have been operating properly, but it failed obviously," said Ducharme. "It failed because there's particular guide wires that are supposed to keep these heavily pressured items in place and it failed."
PSI won't be required to pay the fine for 12 months.
According to Ducharme, the company specifically asked for special permission "because they had a number of jobs that were out at the time and there was going to be some time before it would be paid for the completion of those jobs."
"They asked for the unusual request that the fine not be paid for 12 months, and the Crown agreed to that," he said.
The fine will be paid to the Ontario Ministry of Labour.
Crown attorney Steven Succi explained that PSI's lawyers said their client accepted responsibility and has also undertaken steps to ensure a similar event doesn't occur in the future.
In this case, I believe they've decommissioned the equipment that was used and they've introduced new training standards and reinforced processes to ensure that the tasks they perform at their workplace, which involve the stressing and de-stressing of large concrete structures, don't generate hazards for their workers," Succi said.
According to Succi, the penalty imposed on PSI is intended as a deterrent to prevent both PSI and other companies from "repeating this type of offence."
He added that the penalty imposed on PSI is not meant to compensate for the loss of Cobb's life.
The Cobb family declined to comment after the hearing.
