Excerpt from the government of Ontario’s ‘Newsroom’
Stacey Electric Company Limited, a Toronto company, was fined $150,000 on November 19, 2012, for violations of the Occupational Health and Safety Act after one worker was killed and another worker was injured.
On December 23, 2010, two Stacey Electric workers were repairing a broken beacon at a railway underpass on Bathurst St. near Dupont St. in Toronto. The beacon was on a cement median between four lanes of traffic. One worker was in the bucket of a boom truck that had been extended over a lane of traffic next to the median. The other worker was standing on the median assisting the worker in the bucket. There were no traffic control measures such as signs or traffic cones in place. While the workers were repairing the beacon, a bus struck the boom attached to the bucket holding one of the workers. The worker on the median was struck and killed by the bus and the bucket as it fell to the ground. The other worker was also injured.
A Ministry of Labour investigation found that there was no traffic protection plan in place during the repair operation.
Stacey Electric Company Limited plead guilty to failing to take the reasonable precaution of ensuring that their workers prepare a traffic protection plan for their protection.
The fine was imposed by Justice of the Peace Donald Buchanan. 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:
Stacey Electric Company Limited was found guilty of a contravention of section 25, sub-section 2(h) of the Ontario Occupational Health and Safety Act (OHSA) which states,
“The employer shall take every precaution reasonable in the circumstances for the protection of a worker.”
Here we are again using section 25, sub-section 2(h) of the OHSA. This particular passage is used more than any other. It is generic in nature but covers so much. The next year or so, there seems to be additional sections added to either the OHSA or the particular sector regulation that was using the 25 2(h) in the first place.
Please read the OHSA and the appropriate sector regulations. This can go a long way in cutting down on the number of possible lost time injuries, or injuries in general, and enhance your workforce’s ability to function.
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’, Traffic Control Safety Training’ 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.