Excerpt from the government of Ontario’s ‘Newsroom’
Drewlo Construction Limited of Komoka has pleaded guilty and has been fined $60,000 for an injury to a worker.
On October 22, 2013, workers were employed at an apartment building project under construction at 100 Plains Road West in Burlington. Three workers were moving 10-foot-long metal crown moulding from a swing stage attached to a 10th-floor balcony.
The workers were able to get the moulding onto the balcony but had difficulty maneuvering them into the apartment because the rooms were full of material, debris and obstruction. They decided to position the moulding through the patio door. One worker stood on the balcony and held the moulding overhead while another went into the apartment and held the other end.
The worker inside the apartment started to walk backward around a stack of drywall sheets that were lying on the floor in the middle of the room; the worker did not see a piece of scrap metal lying on the ground partly stuck under the drywall sheets. The worker’s foot got stuck in the scrap metal and the worker fell sideways. The worker sustained a leg fracture.
Drewlo Construction pleaded guilty in court to failing as a constructor to ensure that the measures and procedures prescribed by law were carried out at the project, contrary to the Occupational Health and Safety Act. The company was fined $60,000 by Justice of Peace Kenneth W. Dechert in Burlington court.
In a prior incident, the company was convicted in 2005 for failing to ensure that a guardrail system was in place at a construction project. The defendant was fined $20,000 at the time. There were no injuries in relation to that charge.
In addition to those fines, the court imposed 25-per-cent victim fine surcharges as required by the Provincial Offences Act. The surcharge is credited to a special provincial government fund to assist victims of crime.
The law(s) violated,
Drewlo Construction was found guilty of a violation of the Ontario ‘Construction’ regulation 213/91, section 35(1) which states,
“Waste material and debris shall be removed to a disposal area and reusable material shall be removed to a storage area as often as is necessary to prevent a hazardous condition arising and, in any event, at least once daily.”
Drewlo Construction was also found guilty of a violation of the Ontario Occupational Health and Safety Act, (OHSA) section 23(1) which states,
“A constructor shall ensure, on a project undertaken by the constructor that,
(a) the measures and procedures prescribed by this Act and the regulations are carried out on the project;
(b) every employer and every worker performing work on the project complies with this Act and the regulations; and
(c) the health and safety of workers on the project is protected.”
It sounds, to me, that Drewlo Construction needs a healthy dose of ‘Due Diligence’ training. Two times they have been convicted of a safety violation and the reader knows they work unsafe most of the time. (they probably feel like no one is watching).
HRS Group Inc. provides a Supervisory program, including ‘Due Diligence’ and discusses how to complete hazard assessments and to establish control measures. (including the need for tailgate meetings)
Please ensure that your workplace is a safe place. Safety in the workplace does not have to be expensive but it sure becomes costly when accidents occur. Contact HRS Group Inc. and we can aid you in all of your safety endeavours.
Remember – In Ontario, “ALL Accidents are Preventable”
‘Work’ and ‘Play’ safe.
Daniel L. Beal
CHSEP – Advanced Level
VP & Senior Trainer
HRS Group Inc.