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Individuals from Manitoba Fined for Lack of Fall Protection Equipment

Released on April 21, 2014

Dave Nicholson, operating as Dave’s Do It Right Construction, of Cypress River, Manitoba pleaded guilty to two counts under occupational health and safety legislation and was fined $2,520 in Estevan Provincial Court on April 7, 2014.

Dave Nicholson pleaded guilty to:
  • contravening clause 116(2)(a) of the regulations (failure to ensure that workers used a fall protection system at a work area where a worker may fall three metres or more) and was fined $1,000 with a $400 surcharge; and 
  • contravening clause 17(1)(a) of the regulations (failure to ensure that all work at a place of employment was sufficiently and competently supervised) and was fined $800 with a $320 surcharge.
The charges relate to a workplace inspection which occurred in Estevan on July 14, 2011.  Two Occupational Health Officers observed workers working on a roof and an elevating platform without utilizing fall protection equipment.

In relation to the same incident, Kevin Sholdice, Dean Nash, Trevor Robidoux, Chris Hacault, Kevin Boyd and Sam De’Athe pleaded guilty to charges under occupational health and safety legislation in Estevan Provincial Court on April 7, 2014.

Kevin Sholdice of Cypress River, Manitoba, and supervisor at Dave’s Do It Right Construction, pleaded guilty to:
  • contravening subsection 17(2) of the regulations (failure to ensure that workers under his direction complied with The Occupational Health and Safety Act, 1993 and associated regulations) and was fined $600 with a $240 surcharge; and
  • contravening clause 116(2)(a) of the regulations (failure to ensure that workers used a fall protection system at a work area where a worker may fall three metres or more) and was fined $200 with a $50 surcharge.
Dean Nash of Glenboro, Manitoba pleaded guilty to:
  • contravening clause 116(2)(a) of the regulations (fail to comply with The Occupational Health and Safety Act, 1993 and its associated regulations by failing to use a fall protection system at a work area where he could have fallen three metres or more) and was fined $800 with a $320 surcharge.
Trevor Robidoux of Brandon, Manitoba pleaded guilty to:
  • contravening clause 116(2)(a) of the regulations (failure to comply with The Occupational Health and Safety Act, 1993 and its associated regulations by failing to use a fall protection system at a work area where he could have fallen three metres or more) and was fined $600 with a $240 surcharge.
Chris Hacault of Mariapolis, Manitoba pleaded guilty to:
  • contravening clause 116(2)(a) of the regulations (failure to comply with The Occupational Health and Safety Act, 1993 and its associated regulations by failing to use a fall protection system at a work area where he could have fallen three metres or more) and was fined $800 with a $320 surcharge.
Kevin Boyd of Treherne, Manitoba pleaded guilty to:
  • contravening clause 116(2)(a) of the regulations (failure to comply with The Occupational Health and Safety Act, 1993 and its associated regulations by failing to use a fall protection system at a work area where he could have fallen three metres or more) and was fined $600 with a $240 surcharge.
Sam De’Athe of Carberry, Manitoba pleaded guilty to:
  • contravening clause 116(2)(a) of the regulations (failure to comply with The Occupational Health and Safety Act, 1993 and its associated regulations by failing to use a fall protection system at a work area where he could have fallen three metres or more) and was fined $600 with a $240 surcharge.
Falls represent more than 12 per cent of all injuries reported in the construction industry.

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For more information, contact:

Rikki Bote
Labour Relations and Workplace Safety
Regina
Phone: 306-787-4156

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