Report from the government of Ontario’s ‘Newsroom’
Two workers, employed by John Kenyon Limited of Hamilton, Ontario, a siding design and installation company, were fatally injured when the defendant failed to take the reasonable precaution to ensure the workers were not performing work on a quench tower while the quenching process took place, contrary to section 25(2)(h) of the Occupational Health and Safety Act.
At Stelco’s Lake Erie Works, coke is produced in an oven and transported by a rail and trolley system to a quench tower. Coke is a fuel source and an agent to convert iron ore into molten iron in a blast furnace. The quench tower at the facility is a metal structure approximately 120 feet tall that acts as a chimney to direct steam produced during the quenching process, when water is poured onto hot coke in the trolley car.
During siding replacement work on the quench tower undertaken by Kenyon, the coke oven remained in operation with the trolley car automatically transporting hot coke to the tower. For every quench, the Kenyon workers would ensure their safety by moving the boom lift used in the siding work a safe distance away.
On the day of the incident, two workers were in the basket of the lift approximately 40 feet off the ground. Two other workers at ground level assisted by signalling when the workers in the boom lift needed to move away from the tower.
As the coke oven operation started, the Kenyon workers acknowledged a signal by the ground crew but did not move the boom away as warned. They still did not move the boom after a second signal.
The ground workers did not engage the emergency controls to move the basket away from danger. When the trolley car automatically parked itself at the base of the tower, the ground crew began shouting to the boom lift workers to get the basket away from the tower and sounded a horn.
After 30,000 gallons of water poured onto the hot coke in the trolley car, steam rose up the quench tower and escaped through the gap in the external wall being worked on. This resulted in fatal injuries to the two workers on the lift.
An investigation by the Ministry of Labour, Immigration, Training and Skills Development determined that Kenyon did not ensure that its workers followed the Stelco safety procedure correctly. The two deaths would have been avoided if the workers had made sure to move the basket away from the quench tower at the first signal.
Following a guilty plea in the Ontario Court of Justice, Cayuga, John Kenyon Limited was fined $225,000 by Judge Joseph De Filippis. The Crown Counsel was Dan Phelan.
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:
John Kenyon Ltd., was found guilty of a contravention of the Ontario Occupational Health and Safety Act (OHSA), section 25, subsection 2(h) which states,
“An employer shall,
(h) Take every precaution reasonable in the circumstances for the protection of the worker.”
Elevated Work Platforms (EWPs) is a certified course and all the safety concerns must be taken into consideration when performing any elevated work.
Sad, isn’t it? Too bad for the employees.
HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Fall Protection’, ‘Elevated Work Platforms’ and ‘Working at Heights’.
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.
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