Excerpt from the government of Ontario’s ‘Newsroom’
Konecranes Canada Inc., a company that services industrial cranes and lifting devices, pleaded guilty and was fined $125,000 after a worker was fatally injured by an electrical shock.
On July 16, 2015, a Konecranes worker arrived to repair a 20-ton overhead gantry crane at Van-Rob Inc., an auto parts manufacturer located at 25 Mural Street in Richmond Hill. The worker was later joined by a Konecranes manager who wanted to see the repairs.
The worker and manager used a scissor lift to reach the crane and the worker continued repairs. While in the scissor lift, the manager received an electrical shock; the power source to the crane is rated at 600 volts. The manager was taken to hospital but died from the injury.
A Ministry of Labour investigation determined that a Konecranes Canada Inc. worker did not follow the energy isolation and verification procedures set out in the Konecranes safety manual. That was contrary to section 25(2)(h) of the Occupational Health and Safety Act, which states that an employer shall take every precaution reasonable in the circumstances for the protection of a worker.
Konecranes Canada Inc. was fined $125,000 by Justice of the Peace Karen Walker in Newmarket court on February 3, 2017. The court also 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) in contravention,
Konecranes Canada Inc. was found guilty of a contravention of the Ontario Occupational Health and Safety Act, (OHSA) section 25(2)(h) which states,
“an employer shall,
(h) take every precaution reasonable in the circumstances for the protection of a worker.”
There were so many sections in contravention that could have been used here. I am going to endeavour to quote a few.
Sections of the OHSA that I feel were in contravention were;
- Section 25, subsection 2 (a) which states,
“An employer shall,
- provide information, instruction and supervision to a worker to protect the health or safety of the worker.
- “Section 25, subsection 2 (c) which states,
“An employer shall,
- when appointing a supervisor, appoint a competent person.”
- Section 25, subsection 1(c) which states,
(1) An employer shall ensure that,
(c) the measures and procedures prescribed are carried out in the workplace.”
Most importantly, the worker and manager should have been aware of the Ontario ‘Industrial’ regulation 851/90, section 42, subsections (1) and (2) which state,
“The power supply to electrical installations, equipment or conductors shall be disconnected, locked out of service and tagged before any work is done, and while it is being done, on or near live exposed parts of the installations,equipment or conductors; and
“Before beginning the work, each worker shall determine if the requirements of subsection (1) have been complied with.”
So much was missed and there was no need for anyone to get hurt or killed if Lockout and Tagout procedures were discussed and followed after a completed JHA denoting the access to energized lines.
“Lockoutand Tagout” is such an important part of the workplace that there are sections in all four sector regulations.
Ensure your workplace is a safe place.
Remember – In Ontario, “ALL Accidents are Preventable”
‘Work’ and ‘Play’ safe.
Daniel L. Beal
– Advanced Level
VP & Senior Trainer
HRS Group Inc.