Blog Post #1176 – Worker Injury in Windsor Results in $60,000 Fine for CS Wind Canada

Excerpt from the government of Ontario’s ‘Newsroom’

An employee of CS Wind Canada Inc. suffered a permanent injury after material that was being cut apart fell.

A worker signed on to participate in a special project at the workplace as part of the facility’s shutdown process. The task consisted of disassembling flanges – that is, wind tower sections formed of large metal rings – for the purpose of disposal as scrap metal.

On October 30, 2017, the worker attended at the workplace to disassemble flanges. To do so, the worker placed one side of each flange on a stand and used an acetylene gas torch to make cuts at the raised area.

The worker began to work on a flange and made two cuts. On the third cut, the worker initially stood on the outside perimeter of the flange and subsequently stepped to the inside perimeter to continue. As the cut completed, the flange piece turned inward and fell on the worker.

As a result of the event, the worker suffered a severe injury resulting in a permanent injury.

The Ministry of Labour investigation determined that CS Wind had not provided workers with information, instruction and/or instruction with respect to a safe procedure for cutting wind tower sections, in contravention of section 25(2)(a) of the Occupational Health and Safety Act (OHSA).

CS Wind was previously convicted under the OHSA in Windsor on August 18, 2016 for failing to take every precaution reasonable in the circumstances for the protection of a worker. In that incident, a worker suffered multiple injuries from the movement of components of a wind tower under construction. The company was fined $60,000 for that offence.

Following a guilty plea, CS Wind Canada Inc. was fined $60,000 by Justice of the Peace Susan Hoffman in Windsor court; Crown Counsel Alessandra Hollands.

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.

My opinion

The law(s) in contravention:

CS Wind Canada 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 guess CS Wind Canada Inc. did not receive the safety memo to change the culture of one that includes safety in the day-to-day operations and I would wager that hazard assessments were not completed before the operation.

I wonder if they are shutting down because of the two (so far) workplace accidents? Just a question that requires an answer.

HRS Group Inc. has a great team that can help you with all your health and safety needs including “Due Diligence”. Contact Deborah toll free at 1-877-907-7744 or locally at 705-749-1259.

We can also be reached at 

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.

 

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