A provincial judge has fined a Hamilton construction company $170,000 in the accidental death of a worker on a Brampton jobsite.

On Sept. 30, 2011, a worker operating a train in an underground tunnel died after his head was crushed between the locomotive's battery and the top of a steel frame that was inside the passageway.

In a written statement, the Ontario Ministry of Labour said it had found the frame was not safe to use with that particular locomotive.

McNally Construction Inc., the company operating the jobsite, had pleaded guilty for "failing to take every precaution reasonable in the circumstances for the protection of a worker," the ministry said. 

The firm, which specializes in tunneling, the building of docks and environmental remediation, released a statement on the matter on Wednesday evening.

"McNally Construction deeply regrets this incident and we are truly sorry that this tragedy occurred," said company president Murray Malott. "This loss continues to sadden all of us and our thoughts and prayers continue to extend to the family and friends of our deceased employee. We have learned from this incident and have implemented a number of controls to prevent a future reoccurrence."

The fine, handed down by Justice George S. Gage, comes less than a week after a man died in an industrial accident at Taylor Steel in Stoney Creek. The victim was electrocuted while working on a crane, said Matt Blajer, a spokesman for the Ministry of Labour said on Tuesday.

He said he couldn't comment on the nature of the investigation, but said the probe "could take up to a year."