Report from the government of Ontario’s ‘Newsroom’
A worker, employed by Trade-Mark Industrial Inc. of Cambridge, Ontario, a contractor providing millwrighting, rigging, electrical, piping, sheet metal and HVAC installation services, did sustain an injury when a section of pipe fell during installation of a furnace. The company failed, as an employer, to ensure that every part of the project, including a temporary structure, was adequately braced to prevent any movement that could affect the pipe’s stability or cause its failure or collapse. This was contrary to section 31(1)(b) of Ontario Regulation 213/91 (Construction Projects) and section 25(1)(c) of the Occupational Health and Safety Act.
Trade‑Mark Industrial Inc. was hired to perform maintenance work at an industrial facility in Whitby. A few days before the incident, a supervisor instructed a worker to install a butterfly valve on a section of horizontal cooling pipe. The pipefitter told the foreman that the bolts available on site were not the right ones for the job. But the foreman instructed the worker to use them in the interim until the proper bolts could be sourced.
On the day of the accident, supervisors instructed another crew to switch and reposition two pipe skids that were attached to the cooling pipe. To do this, a chain fall was installed to support the north side of the pipe, but the south side remained supported only by the incorrect bolts. When the pipe was lifted slightly to create clearance, the south connection failed and the pipe fell, injuring a worker.
A Ministry of Labour, Immigration, Training and Skills Development investigation determined the pipe was not adequately braced to prevent movement that could affect its stability.
Following a guilty plea in the Provincial Offences Court in Whitby, Trade‑Mark Industrial Inc. was fined $80,000 by Justice of the Peace Louis Bourgon; Crown Counsel was Shantanu Shankar Roy.
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:
Trade-Mark Industrial Inc. 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.”
The supervisor needed to be held accountable here as well. Section 27, subsection 2 (c) of the OHSA states,
“A supervisor shall,
take every precaution reasonable in the circumstances for the protection of a worker.”
The supervisor should never have allowed a structure to be held together with the wrong bolts, even if temporarily. What was he thinking!
If you are a supervisor in an Ontario business, you must ensure that section 27 of the ACT has been complied with. It could mean a fine of up to $500,000 if you do not!
The supervisor, in this case, got off lucky.
HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Due Diligence’ and ‘Standard Operating Procedure’.
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.