Excerpt from the government of Ontario’s ‘Newsroom’
Part of a tower crane that was being taken apart tipped over and fell on a worker, who suffered fatal injuries.
Toronto Crane Services Inc. carries on business setting up, servicing and maintaining tower cranes, mostly at construction sites, and stored a number of decommissioned cranes at the Innisfil facility.
On June 22, 2016, a worker had been assigned the task of cutting a tower crane into smaller sections, for disposal. The crane’s jib consisted of two sections – a heel section and a jib section.
The worker made several cuts to the jib section, which disconnected the upper portion from the lower portion, then began to cut the jib section away from the heel section, making a last cut to the remaining structural member that connected the two sections. Once the jib section was no longer connected to the heel section, it lost stability, tipped over and fell on the worker, who suffered fatal injuries.
This was in contravention of the Regulation for Industrial Establishments 851/90, section 46. This is contrary to section 25(1)(c) of the OHSA.
Toronto Crane Service Inc. was fined $95,000 after pleading guilty to the offence of failing to ensure that the measures and procedures prescribed by section 46 of Ontario ‘Industrial Establishment’ Regulation were carried out in the workplace, contrary to section 25(1)(c) of the Occupational Health and Safety Act (OHSA).
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:
Toronto Crane Services Inc. was found guilty of a contravention of the Ontario ‘Industrial’ regulation 851/90, section 46 which states,
“Machinery, equipment or material that may tip or fall and endanger any worker shall be secured against tipping or falling.”
This contravention was contrary to the 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.”
There are certain questions that should have been asked and answered:
- Where was the supervisor in all this?
- Was there a completed JHA?
- Since this was a decommissioned crane assembly, is there a set of written instructions dealing with the dismantling of the equipment?
There are many other sections that could have been used here. Section 25, subsections 2(a) and 2(h) could also been used.
Section 25 of the OHSA, subsection 2(a) states,
“An employer shall,
(a) provide information, instruction and supervision to a worker to protect the health or safety of the worker,”
Section 25, subsection 2(h) states,
“An employer shall,
(h) take every precaution reasonable in the circumstances for the protection of a worker.”
HRS Group Inc. has a great team that can help you with all your health and safety needs. Contact Deborah toll free at 1-877-907-7744 or locally at 705-749-1259.
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.