Excerpt from the government of Ontario’s ‘Newsroom’
Rassaun Steel & Mfg. Co. Ltd., a Simcoe mechanical and electrical service provider, was fined $70,000 for a violation of the Occupational Health and Safety Act after a worker was injured.
On September 10, 2006, workers from the company were removing equipment at a decommissioned foundry. One piece of equipment was positioned under, and attached to, an overhead duct. As a worker detached the equipment from the duct, the duct broke and fell on another worker who was walking underneath it. The worker suffered a fractured skull, several broken bones and internal injuries.
Rassaun Steel & Mfg. Co. Ltd. was found guilty of failing to take the reasonable precaution of ensuring that the overhead duct was adequately supported while the equipment was being removed.
The fine was imposed by Justice of the Peace Sonia Aleong. 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:
Rassaun Steel and Mfg. Company Limited was found guilty of a contravention of section 25 of the Ontario Occupational Health and Safety Act (OHSA), sub-section 2(h) which states,
“An employer shall take every precaution reasonable in the circumstances for the protection of a worker.”
How many is that now? I have lost count. Another day in the working world and section 25, sub-section 2(h) has been violated again. It is so generic in nature that it can be attributed to almost any fine out there. There are many specifics in the four sector regulations but we seem to go back to this one. Oh well, as long as there are accidents, we will see this section used more and more.
I wonder how many readers can tell me how many times this has been used. If someone can answer correctly, I will look at setting up a training program at half price for the lucky winner. Think about it, forklift training at half price.
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’ and ‘Standard Operating Procedures’. Contact Deborah toll free at 1-877-907-7744 or locally at 705-749-1259.
‘Work’ and ‘Play’ safe.
Daniel L. Beal
CHSEP – Foundation Level
VP & Senior Trainer
HRS Group Inc.
You are the best!
Good article!