Blog Post #1179 – Lack of Required Training, Protection Results in $70,000 Fine for Tecumseh Company

Blog Post #1179 – Lack of Required Training, Protection Results in $70,000 Fine for Tecumseh Company

Excerpt from the government of Ontario’s ‘Newsroom’

An employee of Cybertech Controls and Electric Inc. of Tecumseh, Ontario was injured after falling from the ceiling area of the facility while installing new light fixtures.

Cybertech was contracted to install new light fixtures and repair existing light fixtures at an industrial facility in Windsor.

On February 15, 2017, a worker employed by Cybertech was tasked with installing new light fixtures at the facility. The worker was working alone and unsupervised.

The worker used an elevating work platform to access the work area, which was located above the ceiling of the room being worked in.

The room had a suspended-type ceiling fabricated of polystyrene panels and metal frames. The height of the ceiling was approximately 21.5 feet (or 6.5 metres).

The worker exited the elevating lift into the ceiling area. The worker was not protected by fall protection and fell through the ceiling of the room to the concrete floor below.

The worker was found injured on the floor of the room by a worker at the facility. The injured worker sustained critical injuries.

The Ministry of Labour investigation found that the injured worker had not received training on the use of fall protection equipment or working at heights, and had not received training on the use of elevating work platforms.

On February 15, 2017, Cybertech failed to ensure that a worker was adequately protected by a fall protection system in contravention of section 26.1(2) of the Construction Regulation, contrary to section 25(1)(c) of the act, and also failed to ensure that a worker was provided with information, instruction and supervision to protect the health and safety of the worker, contrary to section 25(2)(a) of the act.

Following a guilty plea, Cybertech Controls Electric Inc. was fined $70,000 by Justice of the Peace Susan E. Whelan in Windsor provincial court; Crown Counsel Amanda Landre.

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:

Cybertech Controls and Electric was found guilty 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.”

The information needed by the employee is listed below.

Cybertech Controls and Electric was found guilty of a contravention of the Ontario ‘Construction’ regulation 213/91, section 26.1(2) which states,

“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; or
  4. A safety net that meets the requirements.”

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.”

Everyone knows that ‘Working at Heights’ training is required by all workers on a construction project. As an approved provider, HRS Group Inc. understands the real concerns here. Workers MUST be protected at all times and Elevating Work Platform training is a requirement.

Too bad for the employee.

HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Fall Protection’, ‘Elevating Work Platform’ and ‘Working at Heights’. 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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