Excerpt from the government of Ontario’s ‘Newsroom’
A Scarborough roofing company and its proprietor have been convicted for repeated violations of the Occupational Health and Safety Act (OHSA), some of which occurred only two days after a previous conviction in court.
The company, Sunny Roofing Inc., was convicted on six charges under the OHSA of failing to ensure workers wore fall protection, protective headwear and protective footwear, and the proprietor, Dong Mo, was convicted on three charges for failure to ensure workers wore fall protection. The company received a total fine of $33,000 and Mo was fined a total of $14,000.
The trial took place in Brampton court with Justice of the Peace Angelo E. Amenta presiding on September 8, 2015.
The offences took place on April 10, 2014 on Blueheron Boulevard in Mississauga; on May 6, 2014 on Picton Place in Mississauga; and on October 11, 2014, on Mount Ranier Crescent in Brampton.
The court found that the previous conviction and $4,000 fine imposed two days earlier was aggravating and that a more significant fine was appropriate.
In addition to the fines, the court imposed a 25-per-cent victim fine surcharge 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,
Sunny Roofing was found guilty of a violation of the Ontario ‘Construction’ regulation 213/91, section 22 (1) which states,
“Every worker shall wear protective headwear at all times when on a project.”
Sunny Roofing was also found guilty of a violation of the same regulation, section 23 (1) which states,
“Every worker shall wear protective footwear at all times when on a project.”
And finally, Sunny Roofing was found guilty of a violation of the Ontario ‘Construction’ regulation 213/91, section 26,1 (2) which states,
“If it is not practicable to install a guardrail system as that subsection requires, a worker shall be adequately protected by the highest ranked method that is
practicable from the following ranking of fall protection methods:
1. A travel restraint system that meets the requirements of section 26.4.
2. A fall restricting system that meets the requirements of section 26.5.
3. A fall arrest system, other than a fall restricting system designed for use in wood pole climbing, that meets the requirements of section 26.6.
4. A safety net that meets the requirements of section 26.8.”
Dong Mo, the proprietor of the roofing company, was found guilty of a violation of the Ontario Occupational Health and Safety Act (OHSA), section 25(1)(c) which states,
“An employer shall ensure that,
(c) the measures and procedures prescribed are carried out in the workplace.”
Dong Mo was also found guilty of a violation of the OHSA section 27(1)(a) which states,
“A supervisor shall,
(a) advise a worker of the existence of any potential or actual danger to the health or safety of the worker of which the supervisor is aware.”
And finally, Dong Mo was found guilty of a violation of the OHSA, section 32(a) which states,
“Every director and every officer of a corporation shall take all reasonable care to ensure that the corporation complies with,
(a) this Act and the regulations;
(b) orders and requirements of inspectors and Directors; and
(c) orders of the Minister.”
Another employer who can’t understand his responsibility under the health and safety laws in Ontario. Here we find that the standard PPE requirements are not met. No hard hat, no footwear! Theses are certain safety gear as required on any construction site in Ontario! Where was this guy’s head?
HRS Group Inc. is an ‘Approved Provider’ for ‘Working at Heights’ for the Ministry of Labour (MOL) and fully understands the need for Fall Protection on the jobsite and covers ‘Fall Prevention’ methods and/or ‘Fall Arrest’ equipment. I wonder if these guys even received the appropriate training? I would venture a guess that they did not!
Ensure your workplace is a safe place.
Remember – In Ontario, “ALL Accidents are Preventable”
‘Work’ and ‘Play’ safe.
Daniel L. Beal
CHSEP – Advanced Level
VP & Senior Trainer
HRS Group Inc.