Background
A crane was brought to the worksite – a community centre and library complex under construction – for hoisting purposes. On April 9, 2015, Forma-Con worker Andry Sokhan, a licensed crane operator, sent text messages to supervisor Gordon Graham indicating that the crane was a danger; Graham responded that if the crane posed a danger it should be shut down. The crane continued to be used.
On April 21, 2015, the crane was being used to move aluminum joists. The crane operator hoisted the load and after receiving a signal to do so, began to lower the boom.
The crane tipped over to the right side of the operator’s cab and the boom struck another Forma-Con worker. The worker was declared deceased at the worksite.
At no time was the crane taken out of operation by anyone at the project, despite the communications by the crane operator on April 9, 2015 that the crane was in a state of disrepair and posed a serious danger to the operator and everyone around.
My opinion
Listed below are the contraventions for Forma-Con, the company, the supervisor, Gordon Graham and the crane operator, Andy Sokhan.
Forma-Con Construction: $285,000 on November 27, 2017 before a judge, Justice Bruce W. Duncan, was found guilty of a contravention of the 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.”
Gordon Graham, $15,000 on October 30, 2017 before a judge, Justice Paul T. O’Marra, for failing as a supervisor to take the reasonable precaution of immediately insisting that a crane be taken out of service after being advised by its operator that it was in a state of disrepair and was a serious danger to himself and workers, contrary to section 27(2)(c) of the OHSA.
Section 27, subsection 2(c) of the OHSA states,
“A supervisor shall,
(c) take every precaution reasonable in the circumstances for the protection of a worker.”
And finally,
Andry Sokhan, $13,000 on November 8, 2017 before a judge, Justice Nancy S. Kastner, for failing as a worker to work in compliance with section 93(2)(a) of the Construction Projects Regulation (Regulation 213/91): “no vehicle, machine, tool or equipment shall be used while it is defective or hazardous,” contrary to section 28(1)(a) of the OHSA.
Section 93, subsection (2)(a) of the Ontario ‘Construction’ regulation 213/91 states,
93, (2) “No vehicle, machine, tool or equipment shall be used,
- while it is defective or hazardous.”
Section 28, subsection 1(a) of the OHS states,
28 (1) “A worker shall,
(a) work in compliance with the provisions of this Act and the regulations.”
The court also imposed 25-per-cent victim fine surcharges as required by the Provincial Offences Act. The surcharge is credited to a special provincial government fund to assist victims of crime.
The vehicle must be taken out of service and fixed. Section 25 of the OHSA, section 1(b) states,
“An employer shall ensure that,
(b) the equipment, materials and protective devices provided by the employer are maintained in good condition.”
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.
Thank you for your sharing.
Thanks for sharing.