Report from the government of Ontario’s ‘Newsroom’
Two workers, employed by Regional Fence, of Gatineau, Quebec, were injured while moving fence panels. The company failed, as an employer, to ensure workers were protected from the hazard of a falling stack of fencing, contrary to section 25(2)(h) of the Occupational Health and Safety Act.
On October 5, 2021, Regional Fence was contracted to install fencing in multiple locations along OC Transpo’s light rail system. On the day of the incident, workers were off-loading 24 fence panels from a trailer. The panels were in an upright position, held in place by racks. Each panel weighed 26.7 kilograms. The workers removed the first two panels from the load and the other panels fell forward and injured two of the workers.
A Ministry of Labour, Immigration, Training and Skills Development investigation found that the company had failed to move the fencing in a way that did not endanger a worker.
Following a guilty plea in the Provincial Offences Court in Ottawa, the company was fined $65,000 by Justice of the Peace Maryse M.F. Genest; Crown Counsel was Patrick Travers.
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:
Regional Fence 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.”
If this had been and ‘Industrial’ plant then section 45 of regulation 851/90 would have applied. It states,
“Material, articles or things,
(a) required to be lifted, carried or moved, shall be lifted, carried or moved in such a way and with such precautions and safeguards, including protective clothing, guards or other precautions as will ensure that the lifting, carrying or moving of the material, articles or things does not endanger the safety of any worker;
(b) shall be transported, placed or stored so that the material, articles or things,
(i) will not tip, collapse or fall, and
(ii) can be removed or withdrawn without endangering the safety of any worker; and
(c) to be removed from a storage area, pile or rack, shall be removed in a manner that will not endanger the safety of any worker.”
Too bad for their workforce.
HRS Group Inc. has a great team that can help you with all your health and safety needs. 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.