Excerpt from the government of Ontario’s ‘Newsroom’
A worker was injured after falling 15 feet through an HVAC opening in a roof. H&N Roofing & Sheet Metal Limited failed to ensure the worker was protected by appropriate fall protection and wearing protective headwear, as required by sections 26.1(2) and 22 of Ontario Regulation 213. This is contrary to section 25(1)(c) of the Occupational Health and Safety Act.
On December 18, 2020, workers from H&N Roofing & Sheet Metal Limited were on the fifth-storey roof of a commercial building.
They were doing roofing work around an opening in the roof that had been cut for a new air handling unit. The opening, which had been cut by another company on the project, was approximately four feet by eight feet. The only item covering the opening at the time of the incident was Styrofoam insulation.
One of the workers near the opening lost their footing, slipped and fell 15 feet through the opening to a concrete floor below. The worker had not been wearing any fall protection or head protection.
By failing to ensure that the worker was adequately protected against falls and wearing a safety helmet, the company contravened sections of the Act and sector regulation 213/91.
Following a trial in Provincial Offences Court in London, H&N Roofing & Sheet Metal Limited was fined $70,000 for contravening section 26.1(2) and $5,000 for contravening section 22 of Ontario Regulation 213 by Justice of the Peace Frank Leddy; Crown Counsel was Katie Krafchick.
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:
H&N Roofing and Sheet metal Ltd., was found guilty of a contravention of the Ontario Construction Projects sector regulation 213/91, section 26.1, subsection (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:
- A travel restraint system that meets the requirements.
- A fall restricting system that meets the requirements.
- A fall arrest system, other than a fall restricting system designed for use in wood pole climbing, that meets the requirements, or
- A safety net that meets the requirements.”
This is a direct contravention of the Ontario Occupational Health and Safety Act (OHSA), section 25, subsection 1(c) which states,
“(c) the measures and procedures prescribed are carried out in the workplace.”
It was humorous that this roofing company wanted to take this issue to court. Any type of fall, especially on a construction site, is bad news. The new Working at Heights (WAH) requirements were put there because of the large number of deaths from falls in on the construction site.
The owner, I guess, didn’t know he was guilty already.
Hmm…
Maybe he should have read my blog! Lots of fall protection posts to choose from.
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’.
The safe operating procedures would have guaranteed regular inspection of all the gates and equipment.
Contact Deborah toll free at 1-877-907-7744 or locally at 705-749-1259.
Ensure your workplace is a safe place.
Remember – In Ontario, “ALL Accidents are Preventable”!
‘Work’ and ‘Play’ safe.
Daniel L. Beal
CHSEP – Advanced Level
CEO & Senior Trainer
HRS Group Inc.