Excerpt from the government of Ontario’s ‘Newsroom’
A Kingston-area company pleaded guilty and was fined $70,000 after a worker was injured by an industrial hose on a concrete pump truck.
The incident took place at Sousa Ready Mix Inc.’s premises in Glenburnie, north of Kingston. The company is involved in the ready-mix concrete business, including concrete forming and transportation.
On April 18, 2016, a worker was in the process of cleaning the outlet hose of a concrete pump truck. The process typically involves inserting a “priming ball” into the hose and running the pump in reverse to clean it out. In this case the ball became stuck and the worker, along with two others, was instructed to deal with the stuck ball.
The three workers used an air compressor to force air into the hose in order to clear the ball.
During a third attempt, the first worker released a clamp from the discharge nozzle of the air compressor without first releasing the pressure from the air compressor. The supply hoses and fittings of the compressor were propelled into the ground and the discharge hose struck the first worker, who suffered several injuries.
A Ministry of Labour investigation determined that the compressor was being used while the “whip check” component of the compressor was not installed. The “whip check” could have prevented the hose from releasing and striking the worker. As such, Sousa failed as an employer to take the reasonable precaution of ensuring that whip check connectors or other adequate restraining devices were available and/or used, contrary to the Occupational Health and Safety Act.
The court imposed a fine of $70,000. The fine was imposed by Justice of the Peace Claudette Coulas in Kingston court on September 19, 2017.
The court also 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:
Sousa Ready Mix Inc. was found guilty of a contravention of the Ontario Occupational Health and Safety Act (OHSA) section 25, subsection 2(h) which states,
“An employer shall,
(h) take every precaution reasonable in the circumstances for the protection of a worker.”
The two sections used most often are section 25, subsection 1(c) of the OHSA which states,
“An employer shall ensure that,
(c) the measures and procedures prescribed are carried out in the workplace.”
As the reader can see, the employer has to take most of the heat for accidents in the workplace because they are responsible for so much.
Sousa Ready Mix Inc. has found out the hard way.
Ensure your workplace is a safe place.
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.