Blog Post #1029 – Employer Sentenced to 30 Days Jail for Repeated Failing to Protect Workers

Blog Post #1029 – Employer Sentenced to 30 Days Jail for Repeated Failing to Protect Workers

Excerpt from the Ontario government’s ‘Newsroom’

Ji Nan Li, carrying on business as Yi Yi Construction, was sentenced to 30 days in jail after a worker was seriously injured by a fall.

On December 3, 2015, a worker employed by Ji Nan Li was working on the roof of a construction project located at 7 Burlwood Road in Brampton. The worker was wearing a harness attached to lanyard, which was connected to a lifeline. In order to move to a different area of the roof, the worker detached the lanyard from the lifeline and moved toward a different lifeline at the peak of the roof. The worker slipped before reaching the new lifeline and fell nine metres (29.5 feet) to the ground, suffering serious injuries.

A Ministry of Labour investigation determined that the worker was not attached to the travel restraint system at all times as required by section 26.1(2) of the Ontario ‘Construction’ regulation 213/91 . This was in violation of section 25 (1)(c) of the Occupational Health and Safety Act.

This was Ji Nan Li’s second offence under the Occupational Health and Safety Act. On February 10, 2013 a worker employed by Ji Nan Li fell eight metres (26 feet) from a roof and suffered fatal injuries. Ji Nan Li was fined $15,000 for this offence on October 10, 2014.

Ji Nan Li pleaded guilty and was sentenced to 30 days jail. The sentence was imposed by Justice of the Peace Jeannie Anand.

My opinion

Ji Nan Li, owner of Yi-Yi Construction, was sentenced to 30 days for a repeat offence.

Ji Nan Li, was found guilty of a contravention of the Ontario ‘Construction’ regulation 213/91, subsection 26.1(2) which states

“A worker shall be adequately protected by a guardrail system that meets the requirements.

If it is not practicable to install a guardrail system as that subsection requires, a worker shall be adequately protected by the highest ranked method that is practicable from the following ranking of fall protection methods:

  1. A travel restraint system that meets the requirements;
  2. A fall restricting system that meets the requirements;
  3. A fall arrest system, other than a fall restricting system designed for use in wood pole climbing, that meets the requirements; and
  4. A safety net that meets the requirements.”

This infraction was in direct violation of 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.”

I was so glad that the government decided to make an example of this employer since he did not get the message the first time and stricter measures were needed.

Having the ropes there is just not enough. I wonder if the employees ever received Working at Heights (WAH) training? If they had, they would have found out that the worker cannot be at risk at any time.

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. We can also be reached at info@hrsgroup.com

Ensure your workplace is a safe place.

Remember – In Ontario, “ALL Accidents are Preventable”

‘Work’ and ‘Play’ safe.

Daniel L. Beal

CHSEP – Advanced Level
VP & Senior Trainer
HRS Group Inc.

 

Dan
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