Excerpt from the government of Ontario’s ‘Newsroom’
Dong Fong Garage, carrying on business as 2171369 Ontario Limited, has been convicted on three counts under the Occupational Health and Safety Act and fined $72,500 after a worker was killed.
The company was engaged in the business of garage door repairs and installation when workers were on a job in Markham on March 20, 2010. A worker was removing a garage door spring on an industrial garage door. The spring popped out of its bracket, hit the worker on the chest and knocked the worker off a ladder. The worker fell from a height of greater than 10 feet and subsequently died from the injuries.
The company was convicted for failing, as an employer, to provide a scaffold to a worker when work could not be done safety from the ground without hazard to the worker, as well as failing to ensure that a worker was adequately protected by a fall protection system. The company was also convicted for failing to provide information, instruction and supervision to a worker to protect the health and safety of a worker.
The fine was imposed by Justice of the Peace Carol L. Seglins. 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.
The law(s) in contravention:
Dong Fong Garage was found guilty of a contravention of section 125.1 of the Ontario ‘Construction’ regulation 213/91 which states,
“A scaffold which meets the requirements of sections 126, 128, 129, 130, 134, 135, 137, 138, 139, 140, 141 and 142 shall be provided for workers where work cannot be done on or from the ground or from a building or other permanent structure without hazard to the workers.”
Dong Fong Garage was also found guilty of a contravention of section 26.1 (2) of the Ontario ‘Construction’ regulation 213/91 which states,
“If it is not reasonably possible to install a guardrail system as that subsection requires, a worker shall be adequately protected by at least one of the following methods of fall protection:
1. A travel restraint system that meets the requirements of section 26.4.
2. A fall restricting system that meets the requirements of section 26.5.
3. A fall arrest system, other than a fall restricting system designed for use in wood pole climbing that meets the requirements of section 26.6.
4. A safety net that meets the requirements of section 26.8.”
Dong Fong Garage was found guilty of a contravention of section 25, subsection 2(a) of the Ontario Occupational Health and Safety Act (OHSA) which states,
“An employer shall,
(a) provide information, instruction and supervision to a worker to protect the health or safety of the worker.”
I have seen this type of issue before. I taught a class for ‘Fall Protection’ to numerous students who worked for a garage door installer in our area. We talked about three point contact. How can these guys do that if they have their hands are filled with large sections of garage doors.
I was also surprised to learn that they cannot work safe since this should be a two-person operation but the costs in doing that are prohibitive.
I was waiting for a while now for this type of accident. It was only going to be a matter of time.
I do hope this particular type of business can find its way and provide better protection for their workers. If not, then we will be revisiting this blog again with more accidents and fines dealing with garage door installers.
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’, Working at Heights’ and ‘Due Diligence’. 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.