Toronto, ON, October 24, 2025 — Berkim Construction Inc., a Toronto-based construction company, has been fined $7,000, plus a 25% victim surcharge, after pleading guilty to performing unsafe work in an elevator hoistway — an offence under the Technical Standards and Safety Act, 2000 (the “TSSA Act”).
During a regular maintenance inspection of an elevator at a church in Richmond Hill, Ontario, an elevator company mechanic observed a construction worker performing tasks inside the elevator hoistway under unsafe conditions. The top landing door was open, the interlock device had been removed, and the top of the elevator was covered with construction materials.
A subsequent investigation by the Technical Standards and Safety Authority (TSSA) revealed that the worker, employed by Berkim Construction Inc., had been using the elevating device to install a sixteen-foot galvanized metal cross on the exterior of the church. Berkim Construction proceeded with the work without the supervision of a certified elevator contractor, as required by Ontario Regulation 209/01 under the TSSA Act.
“By allowing an employee to work within the elevator hoistway without the required supervision of a certified mechanic, Berkim Construction Inc. exposed its worker to serious hazards,” said AJ Kadirgamar, Director of TSSA’s Elevating Devices Safety Program. “Compliance with elevator safety regulations is not optional; it’s a necessary step to protect both the workers involved with these devices and the public who use them.”
About TSSA
The Technical Standards and Safety Authority (TSSA) is one of Ontario’s public safety regulators mandated by the Government of Ontario to enforce provincial safety regulations and enhance public safety. Throughout Ontario, TSSA regulates the safety of amusement devices, boilers and pressure vessels, elevating devices, fuels, operating engineers, and ski lifts. Its range of safety services include public education and consumer information, certification, licensing and registration, engineering design review, inspections, investigations, safety management consultation, compliance support and enforcement and prosecution activities. The organization’s vision is to be a valued advocate and recognized authority in public safety.
For more information, please contact:
Alexandra Campbell
Vice President, Communications and Stakeholder Relations
Technical Standards and Safety Authority
Telephone: 416-734-6227
Email: media@tssa.org