Excerpt from the government of Ontario’s ‘Newsroom’
Kelvin Chong Roofing Inc., a Scarborough roofing company, was fined $15,000 for a violation under the Occupational Health and Safety Act.
On April 24, 2014, seven workers employed by Kelvin Chong Roofing Inc., were re-shingling the roof of a house in Mississauga. None of the workers were wearing fall protection equipment, even though they were working at a height of greater than three metres (9.84 feet). There were no guard rails around the roof of the house. No workers were injured.
Kelvin Chong Roofing Inc., pleaded guilty to failing to ensure that workers exposed to the hazard of a height greater than three metres were equipped with fall protection.
The fine was imposed by Justice of the Peace Barry Quinn. 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 laws in contravention:
Kelvin Chong Roofing Inc., was found guilty of a contravention of section 26.1 (2) of the Ontario ‘Construction’ regulation 213/91 which states,
“If it is not practicable to install a guardrail system as that subsection requires, a worker shall be adequately protected by the highest ranked method that is practicable from the following ranking of fall protection methods:
- A travel restraint system that meets the requirements;
- A fall restricting system that meets the requirements;
- A fall arrest system, other than a fall restricting system designed for use in wood pole climbing that meets the requirements; and
- A safety net that meets the requirements.”
Kelvin Chong Roofing Inc. was also found guilty of a contravention of the Ontario ‘Occupational Health and Safety Act, (OHSA) section 25, subsection 1(c) which states,
“An employer shall ensure that,
(c) The measures and procedures prescribed are carried out in the workplace.”
The construction world is now fully aware of the ‘Fall Protection’ changes since 2015. ‘Working at Heights’ training is mandatory and all workers MUST be protected.
I guess Kelvin Chong didn’t receive the memo. I wonder if he did the math as well; $15,000 versus buying the equipment and ensuring the regulations are being followed. Lucky for him no one was hurt or the fines would have been dramatically higher.
This IS one of the largest fines I have come across without an accident/incident.
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’ and Working at Heights’. 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.