Excerpt from the government of Ontario’s ‘Newsroom’
A worker, employed by K-Line Maintenance and Construction Limited of Stouffville, Ontario. K-Line is a company that provides high voltage electrical construction and power services. was critically injured when a rope broke and struck workers.
On July 26, 2016, the incident took place at the Burlington Canal Lift Bridge where K-Line workers were present.
A rope was being used to pull a cable assembly to replace cabling over top of the span of the bridge. The rope being pulled by a puller/tensioner truck broke. This caused the cable to fling back over the bridge, striking multiple workers. One worker was critically injured.
The company was found guilty of failing as an employer to ensure that the equipment, materials and protective devices provided by the employer were maintained in good condition, contrary to section 25(1)(b) of the Occupational Health and Safety Act.
Following a trial, K-Line Maintenance and Construction Limited was fined $150,000 by Justice of the Peace Michael Barnes in provincial court in Burlington; Crown Counsel Jai Dhar and Graeme Adams.
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:
K-Line Maintenance was found guilty of a contravention of the Ontario Occupational Health and Safety Act (OHSA), section 25, subsection 1(b) which states,
“An employer shall ensure that,
(b) the equipment, materials and protective devices provided by the employer are maintained in good condition.”
This was an easy one to deal with and I was surprised that K-Line thought it was worth going to court over.
Section 25 of the OHSA list numerous responsibilities and 1(b) is very explicit. The equipment MUST be maintained in good condition. It is not ambiguous in any way.
No wonder the fine was larger than had to be. Normally, a fine that high, deals with a death in the workplace. K-Line needs to read this blog.
HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Due Diligence’ and ‘Standard Operating Procedures’. 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
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.