Excerpt from the Government of Ontario’s ‘Newsroom’

King Roofing & Aluminum Contractors Inc., a King City constructor, was fined $90,000 for violations of the Occupational Health and Safety Act after a worker was injured. A supervisor was fined $10,000 in relation to the same incident.

On August 11, 2008, workers from the company were replacing the roof of a home in Brampton. While moving a bucket of tar, one of the workers accidentally stepped off the roof. The worker fell to the ground below and the bucket of tar overturned, spilling tar on the fallen worker. The worker broke multiple bones and suffered third degree burns.

A Ministry of Labour investigation revealed that there was no form of fall protection at the project and the injured worker and another worker had not been trained in fall protection. The injured worker had also not been wearing appropriate clothing for work with hot tar.

King Roofing & Aluminum Contractors Inc. pleaded guilty to failing to ensure that:

• the workers were trained in fall protection
• the workers were adequately protected by a guardrail system
• the workers were wearing appropriate protection against injury for the hot tar

Joe Scarna, owner of the company and supervisor at the time of the incident, pleaded guilty to failing, as a supervisor, to ensure that the workers were adequately protected by a guardrail system.

The fines were imposed by Justice of the Peace Jeannie Anand. In addition to the fines, 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:

King Roofing and Aluminum Contractors Inc. was found guilty of violating section 25, sub-section ‘C’, of the Ontario ‘Construction’ regulation 213/91 which states,

“A worker shall use protection appropriate in the circumstances when there is a risk of injury on a project from contact between the worker’s skin and,
(c) a hot object, hot liquid or molten metal.”

King Roofing and Aluminum Contractors Inc. was found guilty of violating section 26.1, sub-section ‘1’ of the Ontario ‘Construction’ regulation 213/91 which states,

“A worker shall be adequately protected by a guardrail system that meets the requirements.”

King Roofing and Aluminum Contractors Inc. was also found guilty of violating section 26.2, sub-section ‘1’ of the Ontario ‘Construction’ regulation 213/91 which states,

“An employer shall ensure that a worker who may use a fall protection system is adequately trained in its use and given adequate oral and written instructions by a competent person.”

Another bad day for a worker! The aspect of a worker not wearing fall protection still riles me! Everyone has the right to work at a safe workplace and I read, over and over again, workers severely injured due to a fall.

I am pleading my case once again. Please review the 8 part ‘Fall Protection’ mini-series I put together on this blog. (starts August 8, 2011) It covers all aspects of ‘Fall Protection’ requirements under the Ontario ‘Construction’ regulations 213/91 and I believe it would be an asset to any company intending to have a presence in the construction workplace.

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 ‘Fall Protection’ 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

‘Work’ and ‘Play’ safe.

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

190 comments on “Blog Post #431 – King Roofing and Supervisor Fined $100,000 after Worker Injured

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