Report from the government of Ontario’s ‘Newsroom’
EllisDon Forming Ltd., out of London, Ontario, and two supervisors were fined after two separate roof collapses occurred during the installation of composite floor systems at two construction projects, causing minor injuries to workers. The company failed, as an employer, to ensure that the measures and procedures prescribed by section 31(1)(b) of Ontario Regulation 213/91 were carried out, contrary to section 25(1)(c) of the Occupational Health and Safety Act. Additionally, Corey Jones and Matthew Thompson as supervisors, contravened section 27(1)(a) of the Act.
EllisDon Forming Ltd. was contracted to install CANAM Hambro D500 composite floor systems at two construction projects on two separate dates.
At the first project on July 22, 2022, Corey Jones, a supervisor employed by the company, was overseeing work on a penthouse rooftop. The roof had a unique layout that required a cross‑bracing detail that was not needed anywhere else on the project. This requirement was not clear to the supervisor on the design drawings, which resulted in the cross-bracing not being installed.
While the workers were pouring concrete on the final section of the penthouse roof, the system started to move and then collapsed, causing the workers to fall to the level below. No workers were injured in this incident.
At the second project on January 5, 2023, Matthew Thompson, a supervisor also employed by the company, was overseeing work on the upper floors of a residential apartment building. The workers had completed the concrete walls on the 25th floor and installed the composite floor system on the 26th floor. That morning, the supervisor and other company staff carried out a pre‑pour inspection. Once the inspection was completed, workers began pouring concrete. After most of the floor was poured, workers began leveling and finishing it. Before workers returned to pour the remaining section, part of the composite floor system collapsed causing the workers on the 26th floor to fall to the level below. Four workers suffered minor injuries in this incident.
EllisDon Forming Ltd. failed to ensure that every part of a project, including a temporary structure, was adequately braced to prevent any movement that may affect its stability or cause its failure or collapse.
Corey Jones and Matthew Thompson failed, as supervisors, to ensure workers worked in the manner and with the protective devices, measures and procedures required by section 89(2) of Ontario Regulation 213/91, contrary to section 27(1)(a) of the Occupational Health and Safety Act.
A post-incident investigation by EllisDon Forming Ltd. resulted in changes by CANAM Hambro to its D500 system and components, including further design details, which were implemented at both projects.
Following a guilty plea in the Ontario Provincial Offences Court in London, EllisDon Forming Ltd., Corey Jones and Matthew Thompson were fined $130,000 total by Justice of the Peace Kristine M. Diaz. 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:
Ellis-Don Forming Ltd., was found guilty of a contravention of the Ontario ‘Construction Projects’ sector regulation 213/91, section 31, subsection 1(b) which states,
“Every part of a project, including a temporary structure,
(b) shall be adequately braced to prevent any movement that may affect its stability or cause its failure or collapse.”
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.”
Corey Jones and Matthew Thompson, the supervisors in question, were found guilty of a contravention of reg. 213/91, section 89, subsection (2) which states,
“Formwork and falsework shall be designed by an engineer in accordance with good engineering practice and be installed or erected in accordance with the design drawings.”
This is in direct violation of the OHSA, section 27, subsection 1(a) which states,
“A supervisor shall ensure that a worker,
- works in the manner and with the protective devices, measures and procedures required by this Act and the regulations.”
Ellis-Don has had a great reputation for workmanship and safety. I was sad to learn of these two accidents but the corrective action should ensure no recurrence.
HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Due Diligence’ and ‘Standard Operating Procedures’.
Contact Deborah toll free at 1-877-907-7744 or locally at 705-749-1259.
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‘Work’ and ‘Play’ safe.
Daniel L. Beal
CHSEP – Advanced Level
CEO & Senior Trainer
HRS Group Inc.