Two construction companies were fined a combined $85,000 after workers experienced health effects from carbon monoxide exposure at a Toronto construction site. Ontario’s Ministry of Labour said the investigation found that an area where gasoline-powered concrete finishing equipment was in use was not being adequately tested for airborne carbon monoxide. The court also imposed a 25 percent victim fine surcharge; the ministry bulletin does not state its dollar amount.
What happened at the Toronto construction site
The incident occurred on July 4, 2023, at 5868 Yonge Street, where a new-car-dealership project included a three-level parking garage. Fieldgate Construction Management Inc. was the constructor. Metro Concrete Works [2016] Inc. was subcontracted to install an approximately three-inch concrete topping over the structural concrete floor.
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Workers were finishing the concrete with hand tools and gasoline-powered concrete finishing machines when a Metro worker and several others began to feel unwell. Emergency Medical Services attended and treated multiple workers for carbon monoxide exposure. Toronto Fire Services found elevated carbon monoxide in the parking garage and began ventilating it.
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What the investigation found about air testing
The ministry said both companies were testing and monitoring air quality, but initial testing showed exposures above applicable limits. Its investigation found that Level P2, where gasoline-powered finishing equipment was being used, was not being adequately tested for airborne carbon monoxide under section 47(3) of Ontario Regulation 213/91.
The ministry’s bulletin does not publish a measured carbon monoxide concentration. It therefore does not establish an exact reading or how far any reading exceeded a limit. The finding concerns inadequate testing on the relevant level; it should not be restated as a finding that neither company performed any air monitoring.
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Fines and the companies’ separate legal duties
After guilty pleas in Provincial Offences Court in Toronto, Justice of the Peace Esther N. Daniel fined Fieldgate $55,000 and Metro $30,000. The combined base fines were $85,000. The court also imposed a 25 percent victim fine surcharge under Ontario’s Provincial Offences Act, but the ministry bulletin does not give its dollar value.
| Company | Project role | Legal provision identified by the ministry | Fine |
|---|---|---|---|
| Fieldgate Construction Management Inc. | Constructor | Failed to ensure the measures and procedures required by section 47(3) of Ontario Regulation 213/91 were carried out, contrary to section 23(1)(b) of Ontario’s Occupational Health and Safety Act. | $55,000 |
| Metro Concrete Works [2016] Inc. | Employer and subcontractor | Failed to ensure compliance with the same regulatory requirement, contrary to section 25(1)(c) of Ontario’s Occupational Health and Safety Act. | $30,000 |
The companies were convicted under different provisions because they had different roles: Fieldgate was the constructor, while Metro was the employer. Both convictions concerned the section 47(3) requirement identified in the ministry’s bulletin.
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Why gasoline-powered equipment is a carbon monoxide hazard indoors
Carbon monoxide is produced by combustion. Gasoline-powered equipment can generate hazardous concentrations, particularly where ventilation is limited. OSHA’s U.S. construction safety guidance says to suspect carbon monoxide exposure whenever combustion-powered equipment—especially gasoline-powered equipment—is used in such spaces. At an enclosed or partly enclosed work area, relying on workers to notice symptoms is not a substitute for controlling and monitoring the hazard.
OSHA materials provide prevention context, not the legal standard used in this Ontario prosecution. OSHA identifies 50 parts per million (ppm) as the permissible exposure limit for U.S. construction context. That figure is not an Ontario limit, and it is not a carbon monoxide reading reported for the Toronto site.
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Practical controls for construction work in enclosed areas
OSHA’s guidance supports a layered approach: remove combustion sources where suitable, ventilate effectively, and test or monitor the air for remaining risk. Its construction safety transcript illustrates eliminating gasoline-powered concrete saw use in an enclosed space by switching to hydraulic or pneumatic equipment. That example does not establish which alternatives were feasible for the Toronto project.
- Consider the source first. Where the task and site conditions allow, use suitable hydraulic, pneumatic, battery-powered, or electric equipment instead of gasoline-powered machinery. OSHA’s transcript puts the priority plainly: “The best way for these workers to stay safe from carbon monoxide poisoning is to not use a gasoline powered saw.”
- Ventilate the work area. Provide effective ventilation where combustion equipment is used, taking account of the actual space and work conditions. Ventilation should not be treated as proof that the atmosphere is safe without appropriate air testing.
- Test where carbon monoxide may be present. OSHA advises regular air testing in areas where carbon monoxide may occur. Testing should cover the locations where equipment is operating and workers are exposed; the Ontario investigation’s focus on Level P2 underscores why monitoring needs to account for the actual work area.
- Consider personal monitors as an added safeguard. OSHA recommends considering personal carbon monoxide monitors with audible alarms. A monitor is not a substitute for removing or controlling the source, effective ventilation, competent workplace air monitoring, or compliance with applicable rules. Selection, calibration, alarm settings, and suitability for the work matter.
These are general prevention measures described in OSHA materials. The Ontario bulletin does not say which specific controls were present or absent beyond its testing finding, and it does not establish that any particular equipment alternative would have been practical at the project.
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- Simple to use, with a single test/silence button; A loud 85 decibel alarm sounds when Carbon Monoxide levels reach dangerous levels
- To ensure complete protection make sure to place 1 on each level of your home and in each bedroom
- 7 year limited warranty; Equipped with end of life signal chirp, so you know when it’s time to replace the unit for safety
What the public record does not specify
The ministry bulletin does not report the measured carbon monoxide concentration, the number of workers affected, the duration of exposure, or medical diagnoses beyond treatment for carbon monoxide exposure. It also does not state the surcharge’s dollar amount or provide later appeal or payment status. Those details should not be inferred from the fines or from the incident description.
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