Blog Post #202 – Contractors and Supervisors Fined $126,000 Total after Worker Injured

Blog Post #202 – Contractors and Supervisors Fined $126,000 Total after Worker Injured

Excerpt from the Ontario Government’s ‘Newsroom’

Rosati Construction Inc. of Windsor and supervisor Matteo Romano were fined $60,000 and $3,000 respectively on May 20 for violations under the Occupational Health and Safety Act (OHSA) after a worker was injured.

Keller Roofing & Sheet Metal Inc. of Exeter and supervisor Joseph Gower were also fined $60,000 and $3,000 respectively on March 25 in the same matter.

On July 29, 2008, a Keller worker was injured after falling through an opening in a roof at a construction project at 4025 White Oak Rd., London. The worker fell about six metres onto a gravel pile.

A Ministry of Labour investigation found that the worker had no fall protection after plywood used to cover the opening had been removed.

Constructor Rosati Construction Inc., employer Keller Roofing & Sheet Metal Inc. and supervisors Matteo Romano and Joseph Gower pleaded guilty to failing to ensure that the worker was adequately protected from falling while the plywood covering was removed temporarily from the opening in the roof.

The fines were imposed by Justice of the Peace Robert Gay. 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.

My opinion

The law(s) in contravention:

The constructor, Rosati Construction Inc. out of Windsor and Keller Roofing, along with the supervisors from both companies, was charged with violating section 26.3(3) which states,

“The guardrail system or protective covering required under subsection (1) or (2) may be removed temporarily to perform work in or around the opening if a worker is adequately protected and signs are posted in accordance with subsections 44(1) and (2).”

Fall Protection, what is it all about? ‘Fall Protection’ covers the recognition of all fall hazards and ensure that all workers are adequately protected. Fall Protection is divided into two categories;

1) Fall Prevention
2) Fall Arrest

‘Fall Prevention’ covers all kinds of things such as;

a) Guardrails
b) Floor covers

When ‘Fall Prevention’ is not feasible then ‘Fall Arrest’ is required. ‘Fall Arrest’ covers such things as:

1) Body harnesses;
2) Retractables or ‘Fall Limiters’;
3) Shock-absorbing lanyards; and
4) Lifelines and rope grabs for ‘Fall Restraint’ systems.

HRS Group Inc., created a 7 part miniseries concerning the Ontario ‘construction’ regulation 213/91 version of ‘Fall Protection’. Please read the appropriate blog postings that cover ‘Fall Protection’ and incorporate the information into your companies ‘Fall Protection’ program.

It is too bad that Rosati Construction Inc. and Keller Roofing failed the employee and didn’t ensure his safety. A safe workplace is a productive workplace.

The MOL is working diligently to ensure that ALL workplaces are safe places. Companies not understanding their responsibilities drive the costs of healthcare sky high and we all are affected by the increases. I do hope my blogs do not fall on deaf ears and people take away any information I have created to help them with the health and safety policies in their particular workplace.

Health and safety in the workplace is not just a phrase but a frame of mind. If all employers would incorporate safety into the planning stages of the business, it is a proven fact that the company would be more productive as injuries would be down and lost time disruptions would be at a minimum, and productivity would be very manageable.

Remember — In Ontario, “ALL Accidents are Preventable”

HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Fall Protection’ and Working at Heights’. Contact Deborah toll free at 1-877-907-7744 or locally at 705-749-1259.

We can also be reached at

‘Work’ and ‘Play’ safe.

Daniel L. Beal
CHSEP – Foundation Level
VP & Senior Trainer
HRS Group Inc.


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