Blog Post #671 – Company Director Fined for Not Ensuring Workers Use Safety Belts

Blog Post #671 – Company Director Fined for Not Ensuring Workers Use Safety Belts

Excerpt from the government of Ontario’s ‘Newsroom’

A director of ADN Stucco Ltd., a company based in Mississauga, has been fined $3,000 after pleading guilty to failing to ensure that workers using elevating work platforms used safety belts to protect them against falls.

The workers were performing stucco work on the exterior of a building at 1221 Algonquin Avenue in North Bay on October 2, 2011, when an inspector of the Ministry of Labour arrived at the property, a five-storey office building. The workers were employed by ADN Stucco Ltd.; the company director is Cemal Coksurer, who also owned the building.

The inspector observed that although the elevating work platforms were being moved as part of the job process, three of the four workers using the platforms were not wearing safety belts attached to the platform in order to protect them against falling.

In court on March 21, Coksurer pleaded guilty to failing, as a director, to take all reasonable care to ensure that ADN Stucco Ltd. complied with the Occupational Health and Safety Act. Justice of the Peace Michael J. Moreau imposed the fine of $3,000.

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.

Slips, trips and falls are major hazards for workers in the industrial and construction sectors. Particularly in construction, falls are among the leading causes of critical workplace injuries and fatalities.

My opinion

The law(s) in contravention:

Cemal Coksurer was found guilty of a contravention of section 32 (a) of the Occupational Health and Safety Act (OHSA) which states,

“Every director and every officer of a corporation shall take all reasonable care to ensure that the corporation complies with,

(a) this Act and the regulations.”

He was also found guilty of a contravention of section 148 (e) of the Ontario ‘Construction’ regulation 213/91 which states,

“An elevating work platform,

Shall not be moved unless all workers on it are protected from ejection by being attached to an adequate fixed support on the elevating work platform by a method of fall protection.”

How much plainer can it get! The Ontario government has worked hard through the Ministry of Labour (MOL) to eliminate fall accidents through legislative enforcement.

HRS Group Inc. believes in all aspects of quality training and is there as guidance for those, in executive positions, that really need it. Please ensure that the Act and appropriate regulations are read and understood BEFORE the work has been initiated.

This is the basis for all heavy fines in Ontario. HRS Group supplies supervisory training with emphasis on ‘Due Diligence’. Ask Deborah at (705) 749-1259 for further details.

Thanks.

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’, ‘Elevating Work Platform Certification Training’, Working at Heights’, ‘Fall Protection’ 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 – Advanced Level
VP & Senior Trainer
HRS Group Inc.

Dan
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