Excerpt from the government of Ontario’s ‘Newsroom’
Wasero Construction (1991) Ltd., a Concord construction company, was fined $65,000 after two workers were injured.
On August 3, 2012, workers were removing concrete cut out from a pre-fabricated concrete sewer pipe at a construction project on Miller Park Avenue in Bradford. The concrete was being removed in order to install a manhole. A chain was to be attached to the piece of concrete and a backhoe to prevent it from falling. However, one end of the chain had not yet been attached to the backhoe when the piece gave way and fell down. A worker standing near the pipe was hit by the falling concrete and suffered multiple injuries. Another worker who was also removing the concrete received a minor injury.
Wasero Construction (1991) Ltd. pleaded guilty to failing, as an employer, to ensure that every part of a project was adequately braced to prevent any movement affecting its stability or causing its failure or collapse.
The fine was imposed by Justice of the Peace Ann C. Forfar. 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:
Wasero Construction was found guilty of a contravention of section 31, subsection 1 (b) of the Ontario ‘Construction’ regulation 213/91 which states,
“Every part of a project, including a temporary structure,
(b) Shall be adequately braced to prevent any movement that may affect its stability or cause its failure or collapse.”
Wasero Construction was also found guilty of a contravention of section 23, subsection 1(a) of the Ontario Health and Safety Act (OHSA) which states,
“A constructor shall ensure, on a project undertaken by the constructor that,
(a) The measures and procedures prescribed by this Act and the regulations are carried out on the project.”
(This is the 700th blog post since November 2010. I was a little slow lately working on other things but I am, at last, back and highly motivated.)
I can never get over the fact that an employer STILL does not have hazard assessments completed, and hazard controls in place, prior to any and all work being done. Where is the sense in this!
The Ministry of Labour is working vigilantly to weed out difficult or dangerous employers by raising the safety bar. The updated training requirements for ‘Working at Heights’, ‘Basic Certification’ Part I, Part II, and Part III, as well as the possible ‘Construction Hazard Safety Awareness’ training.
Please ensure that your workers are safe due to the ‘Competency’ guidelines listed in your province.
The ‘Competent Person’ standard in Ontario is defined as;
“Competent person” means a person who,
(a) is qualified because of knowledge, training and experience to organize the work and its performance,
(b) is familiar with this Act and the regulations that apply to the work, and
(c) has knowledge of any potential or actual danger to health or safety in the 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 ‘Due Diligence’ and ‘Standard Operating Procedures’. Contact Deborah toll free at 1-877-907-7744 or locally at 705-749-1259.
‘Work’ and ‘Play’ safe.
Daniel L. Beal
CHSEP – Advanced Level
VP & Senior Trainer
HRS Group Inc.