Excerpt from the Government of Ontario’s ‘Newsroom’

Hardrock Forming Co. – Division of 5556347 Ontario Limited was found guilty and fined $50,000 on August 26, 2011, after being convicted of a violation of the Occupational Health and Safety Act.

On November 4, 2008, a Hardrock employee was working on a project at 220 Commerce Valley Drive West in Markham. The project involved a system of wooden moulds for concrete called formwork. The worker stepped on the formwork and fell through, suffering a wrist injury.

A Ministry of Labour inspector attended the project and found that the support and bracing for the formwork had been removed, but appropriate signs warning workers of the hazard had not been placed.

After a trial, Hardrock Forming Co. – Division of 5556347 Ontario Limited was fined for failing, as an employer, to ensure that signs were posted in prominent locations and in sufficient numbers to warn workers of a hazard on a project.

The fine was imposed by Justice of the Peace A. A. Malik. In addition to the fine, the court 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:

Hardrock Forming Co. Was found guilty of a contravention of section 44 of the Ontario ‘Construction’ regulation 213/91 which states,

Subsection 1 – “Signs meeting the requirements of subsection (2) shall be posted in prominent locations and in sufficient numbers to warn workers of a hazard on a project.”

Subsection 2 – “a sign shall contain the word ‘DANGER’ written in legible letters that are at least 150 mm in height and shall state that entry by any authorized person to the area where the hazard exists is forbidden.”

Subsection 3 – “Without limiting the generality of subsection (1), a sign shall be posted,

a)     Adjacent to a hoisting area,

b)    Under a boatswain chair, a suspended scaffold or a suspended platform,

c)     At the outlet from a chute,

d)    At a means of access to a place where there may be a noxious gas, vapour, dust or fume, noxious substance or a lack of oxygen, and

e)     Where there is a potential hazard from an energized overhead electrical conductor at more than 750 volts.”

Subsection 4 – “No person shall enter an area in which a sign is posted other than a worker authorized to work in the area.”

Hardrock Forming Company was found guilty of a contravention of  section 25, subsection (1c) of the Ontario Occupational Health and Safety Act (OHSA) which states,

“An employer shall ensure that,

c)     The measures and procedures prescribed are carried out in the workplace.”

I cannot believe in today’s workplace, this type of issue still occurs. The braces were removed and signs were not posted to ensure that the workers would be aware of the changes. Oh well, another accident, another fine. Most companies do not know their responsibilities under the ACT and the appropriate regulations. Too late for this worker.

By the way, the construction sector seems to have way more issues than the other three. (Industrial, Mining and Healthcare) Maybe the Ministry of Labour needs to rethink the inspector disposition and get more bodies to the construction sites.

Just a thought…

Remember – In Ontario, “ALL Accidents are Preventable”

HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Due Diligence’, ‘Construction Safety Awareness’ 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 info@hrsgroup.com

‘Work’ and ‘Play’ safe.

Daniel L. Beal

CHSEP – Foundation Level
VP & Senior Trainer
HRS Group Inc.

257 comments on “Blog Post #373 – Hardrock Forming Company Fined $50,000 after Worker Injured

  1. Hello, the whole thing is going well here and of course every one is sharing information, that’s truly
    fine, keep up writing.

  2. I rarely comment, but I looked at a few of the responses here I actually do have 2 questions for you if it’s okay.

    Could it be just me or does it look as if like a few of these responses look like they are written by brain dead people?

  3. When someone writes an paragraph he/she retains the idea of a user in his/her brain that how a user can know it.

    Thus that’s why this article is outstanding. Thanks!

  4. Hi there! I know this is kind of off topic but I was wondering which blog platform are you using for this website?

  5. Yes, it is not yet as common as Facebook and Twitter but it is definitely something that you are able to use to boost your traffic.

  6. As the admin of this web page is working, no doubt very shortly it will be well-known, due to its quality contents.

  7. When someone writes an article he/she maintains the thought of a user in his/her mind that how a user can understand it. Thus that’s why this article is perfect.

  8. Pretty nice post. I just stumbled upon your weblog and wished to say that I’ve really enjoyed surfing around your blog posts.

  9. Pingback: Nathaniel
  10. You need to be a part of a contest for one of the very best quality sites on the web.

    I will recommend this web site!

  11. Pingback: Beatrice
  12. Pingback: Maria and Michael Keats
  13. Pingback: Wallace
  14. Pingback: Samuel Reisling
  15. Pingback: Quincy
  16. Pingback: Penny Kearney
  17. Pingback: Grant
  18. Pingback: Kieran
  19. Pingback: Sharon Woods
  20. Pingback: Victoria
  21. Pingback: Vince
  22. Pingback: Charles
  23. Pingback: Corrine
  24. Pingback: Christina
  25. Pingback: Sharon Woodhouse
  26. Pingback: Reggie
  27. Pingback: Michael
  28. Pingback: Warren
  29. Pingback: Xavier
  30. Pingback: Ashley McFarlane
  31. Awesome blog you have here but I was wondering if you knew of any message boards that cover the same topics discussed in this article?

  32. Hey! I understand this is somewhat off topic but I was wondering which blog platform are you currently using with this website?

Leave a Reply

Your email address will not be published.