Excerpt from the OH&S Canada magazine
An Ontario numbered company carrying on business as Able Concrete and one of its supervisors were fined a total of $110,000 following the death of a worker crushed by falling panel.
The company received a $95,000 fine penalty after pleading guilty to failing, as an employer, to ensure a form-work panel was stored and moved in a manner that did not endanger a worker, contrary to Ontario’s ‘Construction’ regulations 213/91 for construction projects. Bryan Cher pleaded guilty as a supervisor, to the same count and was fined $6,000, notes a statement from the MOL.
Cher also was fine $9,000 under section 51 (2) of Ontario’s OH&S act. The section notes that where a person is killed or critically injured in a workplace, no person shall “interfere with, disturb, destroy, alter or carry away any wreckage, article or thing at the scene of or connected with the occurrence until permission to do so had been given by an inspector.”
The only exemptions are situations where the person is “saving life or relieving human suffering; maintaining an essential public utility service or a public transportation system; or preventing unnecessary damage to equipment or other property,” the MOL adds.
The fines against able concrete and share follow a deadly incident on June 1, 2009 at the Capitol Lake view water treatment plant in Mississauga, Ontario, where the company was doing concrete form-work.
That day, a foreman directed a worker to put a form-work panel into place and the worker used a crane to do so. “As the panel was being set down, it shifted and came free of its rigging to the crane,” notes a statement from the MOL. The 700-kilogram panel then fell on top of the foreman, crushed by a falling panel resulting in fatal injuries.
A provincial probe determined the panel could have been rigged to the crane in a more stable fashion. Also, Cher was found to have disturbed the scene before police arrived.
The law(s) in contravention:
Able Concrete was found guilty of a contravention of section 37 (1) of the Ontario ‘Construction regulation 213/91 which states,
“Material or equipment at a project shall be stored and moved in a manner that does not endanger a worker.”
Mr. Bryan Cher was found guilty of the same offense.
Mr. Bryan Cher was also found guilty of violating section 51 (2) of the OHSA which states,
“Where a person is killed or critically injured at a workplace, no person shall, except for the purpose of,
a) Saving a life or relieving human suffering;
b) Maintaining an essential public utility service or a public transportation system; or
c) Preventing unnecessary damage to equipment or other property;
Interferes with, disturbs, alter or carry away any wreckage, article or thing at the scene of or connected with the occurrence until permission so to do has been given by an inspector.”
Oh well, another worker dies on the job in Ontario. Poor management and poor supervision once again! The company and supervisor should have had a game plan and a set of written safe work procedures dealing with this eventuality. Now we have another dead worker and a sneak for a supervisor. Why did Able Concrete not place more emphasis on prevention?
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 firstname.lastname@example.org
‘Work’ and ‘Play’ safe.
Daniel L. Beal – CHSEP Advanced Level
VP & Senior Trainer
HRS Group Inc.