Wintec fined in relation to subcontractor’s death in 2022

A Manitoba company has been fined after pleading guilty to violating provincial health and safety regulations following the death of a subcontractor at its Winnipeg asphalt plant.

The worker was killed at Wintec Building Services Inc. after he fell into an unguarded generator radiator fan on July 20, 2022, the province said on Wednesday.

Manitoba Workplace Safety and Health officials investigated and laid charges against Wintec. The company pleaded guilty in provincial court last month to failing to ensure protective measures were in place after the safeguard had been removed.

Senior provincial court Judge Murray Thompson fined the company $50,000, plus $20,000 to be used for public education on occupational safety and health, based on a joint recommendation from Crown attorney Shaun Sass and Wintec lawyer Adam Pollock.

The specifics of the incident were not explained in court; the 66-year-old man who died was a supervisor at J D Mobile Wash, court heard.

The firm had been subcontracted to clean a main and backup generator at Wintec’s plant at 645 Mission St.

Wintec provides excavation and base services, asphalt paving and supply, property and roadway maintenance, aggregate supply and snow removal services throughout the province.

Sass told court it was unclear why the supervisor was in the trailer that housed the main generator or why he was near the unguarded fan. He was alone at the time.

“We’ll never know why he was over there,” Sass told court.

J D Mobile Wash was to clean the plant’s main generator, then the back-up generator, from the exterior of the trailers that housed the equipment.

The firm cleaned the main generator from the exterior, but the supervisor entered the trailer that housed it after the generator was turned back on for an unknown reason, court heard.

“We’re all in agreement this was a terrible tragedy,” Pollock said.

“This was a freak accident, and one that Wintec did not expect. It’s caused harm to Wintec’s employees involved in the situation as well. There was miscommunication and no one expected the victim to go anywhere near the main generator.”

Pollock said the Workers Compensation Board found J D Mobile Wash responsible for the death, adding that officials from the power-washing company told the board they were shocked the supervisor performed the work the way he did.

Pollock and Wintec president Doug Huselak told court the company has taken several steps to address safety.

Huselak said three levels of safeguards are in place before the generator trailers can be entered, including doors, chains and safeguards on the fans, and the company is in “constant” communication with anyone working on its site.

Thompson said although the man’s death may have been an accident, it was preventable.

“It’s unfortunate that a tragedy like this pointed to the gap (the victim) slipped through,” Thompson said.

“Nothing is going to bring him back, but the fine, I think, is appropriate in terms of the public interest.”

Wintec had no prior convictions under workplace regulations, Sass told court.

erik.pindera@freepress.mb.ca