Excerpt from the government of Ontario’s ‘Newsroom’
A worker fell from a ladder and suffered permanent injuries while performing electrical wiring work. The worker was an employee of GMJ Electric Inc., an electrical contracting company. The employee’s immediate supervisor was Gino Martignago.
The accident happened at 27 Fasken Drive in Toronto, where a new office building was being constructed and an existing building was being renovated.
GMJ Electric Inc. was contracted by Santoro Construction Ltd. to carry out all electrical installations for the project. The injured worker was employed by GMJ Electric.
Two workers were tying and labelling electrical wiring in the ceiling of a renovated office area. One worker was working from a 10-foot stepladder and reaching into an area above the grid of a dropped ceiling. The worker fell from the ladder to the floor, suffering permanent injuries.
Following a trial, the company was fined $100,000 and a supervisor was fined $10,000 by Justice of the Peace Mark H. Conacher in Toronto court; Crown Counsel Indira Stewart.
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:
GMJ Electric was convicted of 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.”
GMJ Electric and Gino Martignago were both found guilty of a contravention of the Ontario ‘Construction’ regulation 213/91, section 125, subsection (1) which states,
“Where work cannot be done on or from the ground or from a building or other permanent structure without hazard to workers, a worker shall be provided with a scaffold, a suspended work platform, a boatswain’s chair or a multi-point suspended work platform that meets the requirements of this Regulation.”
This is contrary to the 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.”
For Gino Martignago, this a contrary to section 27, subsection 1(a) which states,
“A supervisor shall ensure that a worker,
(a) works in the manner and with the protective devices, measures and procedures required by this Act and the regulations.”
Santoro Construction Inc. was previously convicted of failing, as a constructor, to ensure the measures and procedures prescribed by section 125(1) of the Construction Projects Regulation were carried out at a construction project. That company was fined $90,000 in Toronto court on April 3, 2018.
HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Fall Protection’ and Working at Heights’ as well as ‘Support Scaffold Erection’ and ‘Construction Ladder Safety’. Contact Deborah toll free at 1-877-907-7744 or locally at 705-749-1259.
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.