Excerpt from the government of Ontario’s ‘Newsroom’
M. Fuda Contracting Inc., a company providing construction site servicing, has been fined $60,000 after a worker was killed in a fall.
On February 4, 2014, workers were dismantling and removing trench boxes from a 20-foot deep excavation site at a construction project located at Bayview Drive and Churchill Drive in Barrie, Ontario. Two workers were removing pins that connected two trench boxes stacked one on top of the other. One worker stood on a ladder to reach the pin. After the last pin was removed the upper trench box shifted, and the worker on the ladder fell. That worker later died from head injuries.
The Ministry of Labour investigated and found that the upper trench box was not stabilized during the removal of the pins. The workers had not received any training on how to safely remove trench boxes from an excavation site. This was in violation of section 25(2)(a) of the Occupational Health and Safety Act.
M. Fuda Contracting Inc.pleaded guilty and was fined $60,000 by Justice of the Peace Susan Hilton on September 20, 2016 in Barrie. In addition to the fine, 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:
M. Fuda Contracting Inc. was found guilty of a contravention of the Ontario Occupational Health and Safety Act, OHSA, 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.”
I was really shocked by this particular accident. The employer did well to ensure that the trench did not collapse because of the trench box but did not see fit to explain the actual dismantle process to the workers and the worker was killed. Think about it! The worker was killed by a piece of safety equipment.
The employer MUST ensure that the workers receive ALL pertinent information necessary to do his/her worker. THAT is the law!
Please ensure that your workplace is a safe place.
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 ‘Due Diligence’, ‘Construction Safety Awareness’, ‘Trenching Safety Awareness’ and ‘Standard Operating Procedures’. Contact Deborah toll free at 1-877-907-7744 or locally at 705-749-1259.
‘Work’ and ‘Play’ safe.
Daniel L. Beal
CHSEP – Advanced Level
VP & Senior Trainer
HRS Group Inc.