Blog Post #702 – Two Companies Fined $90,000 Each after Worker Injured

Blog Post #702 – Two Companies Fined $90,000 Each after Worker Injured

Excerpt from the government of Ontario’s ‘Newsroom’

RHI Canada Inc., a Burlington refractory castable manufacturer, and Carmeuse Lime (Canada) Inc., an Ingersoll lime manufacturer, were fined $90,000 each after a worker was injured.

On January 24, 2013, a worker employed by RHI Canada Inc. entered a temporary shelter at a Carmeuse Lime (Canada) Inc. project located at 6 Oxford County Road in Ingersoll. The shelter was built to control dust and protect workers from winter temperatures, and was warmed by a propane heater. The heater was located at the exit area, partly inside the shelter. Due to the layout of the shelter and the position of the heater, the worker was too close to the heater. The worker’s clothing caught fire, causing second and third-degree burns.

RHI Canada Inc. and Carmeuse Lime (Canada) Inc. pleaded guilty to failing to ensure that a fuel-fired heating device was located, protected and used in such a way that there was no risk of igniting a tarpaulin or similar temporary enclosure or combustible material adjacent to it.

The fines were imposed by Justice of the Peace F. Michael McMahon. In addition to the fines, 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 laws in contravention:

RHI Canada Inc. and Carmeuse Lime (Canada) Inc. were found guilty of a a contravention of section 49, subsection 1 of the Ontario ‘Construction’ regulation 213/91 which states,

“A fuel-fired heating device shall be located, protected and used in such a way that there is no risk of igniting a tarpaulin or similar temporary enclosure or combustible materials adjacent to it.”

RHI Canada Inc. and Carmeuse Lime (Canada) Inc. were also found guilty of a contravention of section 25, subsection 1(c) of the Occupational Health and Safety Act (OHSA) which states,

“An employer shall ensure that,

The measures and procedures prescribed are carried out in the workplace.”

I have to say that this is the first time, in memory, that I have had to research this particular section of the Ontario ‘Construction’ regulation 213/91. It was a good read and, since I have never seen it before, I wager either did either employer, maybe most employers.

Since this has been an issue, much of this could have been avoided if either or both companies had hired a competent safety professional. Check his/her credentials and references. A little effort earlier could have made a very big difference later.

Look for that special person to aid you on the road to a safer workplace. You will be happy you did.

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’, ‘Propane 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 info@hrsgroup.com

‘Work’ and ‘Play’ safe.

Daniel L. Beal
CHSEP – Advanced Level
VP & Senior Trainer
HRS Group Inc.

Dan
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