Blog Post #1659 – Workplace Fatality Results in $110,000 Fine for Brampton-based Construction Contractor

Report from the government of ‘Ontario’s Newsroom’

A worker, Frontline Cable and Gas Services Inc., of Brantford, Ontario, an excavating contractor, employed by was fatally injured when the employer failed to install blocking required to prevent the collapse or movement of a piece of equipment being repaired. The employer failed to ensure that the provisions of section 108 of Ontario Regulation 213/91 were complied with at a workplace, contrary to section 25(1) of the Occupational Health and Safety Act.

On the day of the incident, February 10, 2023, the company was laying network cables. Five workers were preparing to perform directional drilling using a Ditch Witch JT9 Drilling Machine.

While the drilling machine was being set up a hydraulic oil leak was observed by a worker and a supervisor. The supervisor started repairing the leaking valve cylinder from the top of the machine with the worker helping him. The worker then offered to fix the leak as they had been trained.

The supervisor left the worker to complete the repairs and went to check on other workers performing different activities at the project. The worker started to work under the machine to stop the leak, however, the equipment was not blocked as per the operator’s manual to prevent it falling on the ground.

While fixing the hydraulic oil leak, pressure was inadvertently released from the valve cylinder and the machine suddenly lowered, causing a fatal injury to the worker.

Following a guilty plea in the Ontario Court of Justice in Brampton, Frontline Cable and Gas Services Inc. (the company) was fined $110,000 by Justice Kathryn Hawke; Crown Counsel was David McCaskill.

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:

Frontline Cable and Gas Inc. was found guilty of a contravention of the Ontario ‘Construction Projects’ sector regulation 213/91, section 106 which states,

“Blocking shall be installed to prevent the collapse or movement of part or all of a piece of equipment that is being dismantled, altered or repaired if its collapse or movement may endanger a worker.”

This is contrary to the Ontario Occupational Health and Safety Act (OHSA), section 25, subsection 1(c) which states,

“An employer shall ensure that,

(c)  the measures and procedures prescribed are carried out in the workplace.”

Section 93, subsection (3), could also been used. It states,

(3) “All vehicles, machines, tools and equipment shall be used in accordance with any operating manuals issued by the manufacturers.”

The operator was not competent to do the repairs per the manual. This is in direct contravention to the “Competent Person” section of the OHSA which states,

““Competent Person” means a person who,

(a)  is qualified because of knowledge, training and experience to organize the work and its performance,

(b)  is familiar with this Act and the regulations that apply to the work, and

(c)  has knowledge of any potential or actual danger to health or safety in the workplace.”

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.

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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.