Excerpt from the government of Ontario’s ‘Newsroom’
Workers for Delsan – A.I.M. Environmental Services Inc., on April 18, 2016, were directing pedestrian traffic while a wall on the project site was being demolished. While a worker was escorting pedestrians underneath an overhead protection, the wall under demolition collapsed, injuring one worker and a number of pedestrians.
Delsan – A.I.M. Environmental Services Inc. was sub-contracted to demolish the existing buildings on the future site of the Eglinton Crosstown Light Rail Transit. That day, the front façade wall of a building facing Eglinton Avenue West was being demolished.
Two workers were assigned control of pedestrian traffic that was passing underneath an overhead protection. The workers would use a hand signal to alert the machine operator demolishing the wall to stop work, then would escort pedestrians to the other side.
That afternoon, one worker signaled and believed that there had been a signal back indicating that demolition had stopped. However, while pedestrians were being escorted, the wall collapsed due to a latent defect in the wall and fell onto one of the signalling workers as well as pedestrians, with injuries sustained.
The defendant failed to take the reasonable precaution of having an adequate procedure for the protection of workers and pedestrians adjacent to the wall, as required under the law.
November 9, 2017. Delsan – A.I.M Environmental Services Inc. were found guilty of a conviction under Section 25(2)(h) of the Occupational Health and Safety Act on November 09, 2017.
Delsan – A.I.M. Environmental Services Inc. was fined $60,000 in Toronto court by Justice of the Peace Ruby Wong.
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.
The law(s) in contravention
Delsan – A.I.M. Environmental Services Inc. 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 a worker.”
This type of accident was certainly tragic. Traffic control is a large part of many construction site and signals between traffic controllers is a major part of this. The company should have used radios as part of the communication system or, at least, had timing procedures set up to ensure that pedestrians could only flow half then time so there would be no doubts.
I would certainly like to find out what the Ministry of Labour (MOL) asked for as a permanent corrective action plan.
HRS Group Inc. has a great team that can help you with all your health and safety needs. (Including Traffic Control Flagger)
Contact Deborah toll free at 1-877-907-7744 or locally at 705-749-1259 We can also be reached at email@example.com
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‘Work’ and ‘Play’ safe.
Daniel L. Beal
CHSEP – Advanced Level
VP & Senior Trainer
HRS Group Inc.