St. John’s — Farrell’s Excavating Ltd. of Conception Bay South has been ordered to pay two fines of $3,000 in connection with an investigation by the Occupational Health and Safety branch of Service NL.
The investigation found that the company had operated an excavator unsafely while removing asphalt from a C.B.S. parking lot in June, 2010. No injuries occured.
The company was charged with three violations under the Occupational Health and Safety Act, including failure to protect those not in ithe company’s employ, to ensure protection from flying fragments and to ensure a worker was not within range of swinging movement of mobile equipment.
The company was found guilty of the first and third charges, and the second was dismissed.
The emloyee responsible for operator and supervisory duties on the job in question was charged with four safety violations, and was found guilty of two: failure to refrain from operating equipment that would create an imminent danger to workers’ or other people’s health and safety, and failure to ensure a worker is not in close proximity to the swing radius of equipment. He was found not guilty of failure to co-operate with other workers to protect their health and safety. Another charge, of failure to knowingly operate mobile equipment which could create an undue hazard to the health or safety of a person, was dismissed.
The worker was fined $1,000 for the two offences to which he was found guilty.