Two people appeared in Provincial Offences Court facing several charges in connection with the death of a man following an industrial accident at a home north of Port Hope last year.
On Tuesday July 3, 2018 at approximately 2:30 p.m. emergency services were called after a partial collapse of a farm house under construction on Dodds Road in the Municipality of Port Hope.
Police at the time said construction company employees were working to repair a home when a partial collapse of the building resulted in one person sustaining critical injuries at the scene.
John Mensen, age 57 died after being airlifted from the scene to a Toronto hospital.
Ministry of Labour investigated the scene and on August 1, 2019, Ray Wharram, contractor and Georges Foliot appeared before Justice of the Peace Jack Leblanc.
Both Wharram and Foliot were represented by separate counsel and for the Crown, David McCaskill, is Senior Counsel for the Ministry of the Attorney General.
McCaskill asked the court for a Provincial Court Judge to oversee the hearing instead of a Justice of the Peace given a number of issues including that it was a fatality, technical issues, and it will likely be a lengthy trial.
Justice of the Peace Leblanc along with the defense counsel agreed.
The charges for the two men are as follows:
1. Ray Wharram, failed, as a constructor, to ensure that every part of a project was adequately braced to prevent any movement that may affect its stability or cause it to fall or collapse, at a workplace located at 4900 Dodd’s Road, Port Hope.
2. George Foliot failed, as a constructor to ensure under the Health and Safety Act- particulars: concrete re-shoring walls.
3. George Foliot failing as a constructor to ensure that the provisions of section 88(b) of Ontario Regulation 213/91 were complied with under the Occupational Health and Safety Act.
4. Georges Foliot failed to ensure that the health and safety of workers on the project was protected at a workplace (4900 Dodd’s Road) under the Occupational Health and Safety Act. Particulars: the constructor failed to ensure that a geotechnical site investigation report was conducted and provided to the workers.
5. Ray Wharram failing as a supervisor to ensure that every part of a project was adequately braced to prevent any movement that may affect its stability or cause it to fall or collapse under the Occupational Health and Safety Act.
6. Ray Wharram failed as a supervisor to ensure that the provisions under section 87(1)(a) of the Occupational Health and Safety Act were complied with. Particulars: concrete re-shoring walls.
7. Ray Wharram failing as a supervisor to ensure that the provisions of section 88(b) of Ontario Regulations 213/91 were complied with at a workplace (4900 Dodd’s Road) contrary to the Occupational Health and Safety Act.
8. Ray Wharram failing as a supervisor to take every precaution reasonable in the circumstances for the protection of a worker, at a workplace located at 4900 Dodd’s Road contrary to Occupational Health and Safety Act. Particulars: the supervisor failed to ensure that a geotechnical site investigation report was conducted and provided to the workers.
The case was put over to September 25 at 9 a.m. in Courtroom 5 in Cobourg.
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Author: Pete Fisher
Has been a photojournalist for over 30-years and have been honoured to win numerous awards for photography and writing over the years. Best selling author for the book Highway of Heroes - True Patriot Love
