Excerpt from the OH&S Canada magazine
An Ontario company was fined $60,000 on March 21, 2019 over an incident more than a year ago.
The incident took place at CES Wind Canada Inc.’s facility in Windsor, Ontario on October 30, 2017. As part of the facility shutdown process, a worker was disassembling flinches, or wind tower sections formed of large metal rings, to dispose them as scrap metal.
The worker placed one side of each flange on a stand and used an acetylene gas torch to make cuts at the raised area. During the cutting process, a piece of land she turned inward and fell on the worker, resulting in a severe injury. An investigation by Ontario’s Ministry of Labour CS Wind had not provided workers with information and instruction with respect to a safe procedure for cutting wind-tower sections.
This is the second conviction for the company, which was previously convicted on August 18, 2016 for failing to take every precaution reasonable in the circumstances for the protection of a worker. In that incident, the company was fined $60,000 after worker suffered multiple injuries from the movement of components of a wind tower that was under construction.
Without getting a direct report from the Ministry of Labour (MOL) in this matter, the report seems to be a contravention of the Ontario Occupational Health and Safety Act (OHSA) section 25, subsection 2(a) which states,
“An employer shall,
- provide information, instruction and supervision to a worker to protect the health or safety of the worker.”
Since this was a repeat offence, I was surprised that this employer did not receive a larger fine. The message has to be loud and clear. All workers have to be protected at all times. The cost of therapy and surgery would be a hell of a lot more than $120,000 which is the total (not including the victim fine surcharge of 25%) of both fines.
I guess CS Wind did not get the first OR second memo concerning worker safety.
Too bad for their employees.
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 firstname.lastname@example.org
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Daniel L. Beal
CHSEP – Advanced Level
VP & Senior Trainer
HRS Group Inc.