Network Site Services Ltd., a construction contractor from Cambridge, Ont., was fined $38,000 for violating the Occupational Health and Safety Act. Donald Medeiros, a director with the company, was fined $6000 in relation to the same incident.

On September 30, 2009, Network was constructing a new sewer and water main in New Hamburg. Workers were using an excavator to load a dump truck with materials; the truck was parked beneath a set of energized overhead conductors. The worker driving the excavator swung its boom toward the dump truck. In doing so, the boom came within three metres of the overhead conductors. This created an arc of electrical contact with the overhead powerlines. The excavator driver heard a cracking sound and swung the boom away. No one was hurt.

Network pleaded guilty to failing, as a constructor, to ensure that the excavator’s boom was kept farther than three metres away from the overhead conductor. Donald Medeiros pleaded guilty to failing, as a director, to ensure the same.

In addition to the fines, the court imposed a 25% victim fine surcharge, which is credited to a provincial government fund to assist victims of crime.