Blog Post #216 – Bravo Cement Contracting Fined $90,000 after Worker Killed

Excerpt from the Government of Ontario’s ‘Newsroom’

Bravo Cement Contracting (Windsor) Inc., a Windsor-based cement pouring and installation company, was fined $90,000 on July 21, 2010, for a violation under the Occupational Health and Safety Act (OHSA) after a worker was killed.

On January 21, 2009, a worker was painting a steel storage rack at one of the company’s sites. The rack – which weighed about 635 kilograms – tipped over and fell, trapping and killing the worker. The incident occurred at a company site on 2875 Kew Dr. in Windsor.

A Ministry of Labour investigation found that the rack was not secured to prevent it from tipping or falling. Bravo Cement pleaded guilty to failing to secure an industrial storage rack so that it would not tip or fall.

The fine was imposed by Justice of the Peace Robert Gay. 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:

Bravo Cement Contracting Inc., out of Windsor, Ontario, was found guilty of violating section 46 of the Ontario ‘Industrial’ regulation 851 which states,

“Machinery, equipment or material that may tip or fall and endanger any worker shall be secured against tipping or falling.”

My opinion,

The material handling guidelines for the ‘Industrial’ sector regulation, 851, starts around section 45 and ends around section 60. These include areas of concern such as;

a) Cranes,
b) Forklifts and other lifting devices

It is a good idea all employers to review the said sections of the ‘Industrial’ regulation and become familiar with them. In this case, a worker would have not suffered the accident and his death would not have occurred.

I was at the Trade Show in Toronto last April and chatted with at least 3 companies that deal with racking issues. The majority was showing off new designs in racking and others were advertising replacement gussets and supports for old racking to strengthen the structures. I also chatted with a few gents about new courses on becoming a ‘Racking’ engineer. In fact, one of our largest clients is attempting to have their H&S Coordinator receive the ‘Racking’ training and he related to me that his company is going to replace ALL the racking in their facility. There are examples of replacement racking in Building 2 and it looks to be of strong and sound construction. (appears like the beams are at least twice the original size) Another of our larger customers has already changed the majority of their racking for the same purpose. It seems to be a commendable trend in the Peterborough, Ontario area and I do hope it becomes a reality in yours.

Remember — In Ontario, “ALL Accidents are Preventable”

‘Work’ and ‘Play’ safe.

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