Excerpt from the government of Ontario’s ‘Newsroom’
Workers were moving a mobile home at the Golden Pond RV Resort, 4340 Cromarty Drive, RR 2, Mossley, Ontario, a mobile home and recreational vehicle residential park and campground, from one site to an adjacent one when the mobile home shifted, fell off the jacks supporting it, and came down on one of the workers, who died from the injuries.
The affected company was AFTT Developments Inc. that actually operated the resort and the accident happened September 19, 2016.
A mobile home was being moved by workers who were using jacks to raise the structure. It was being raised high enough to allow the workers to slide steel beams under the undercarriage.
The workers had raised the structure about nine inches when it began to shift and fell off the jacks. One worker was able to roll out from underneath but the structure came down on another worker, who was pinned before being able to get out of the way. The worker was taken to hospital and succumbed to the injuries the next day.
The Ministry of Labour investigation determined that the soil on which the blocks supporting the jacks were placed was damp and soft, increasing the instability of the structure, and the jacks were lifted too high, which made the mobile home unstable on the jacks. The mobile home was not adequately braced to prevent movement that may affect its stability and cause it to shift and collapse.
Following a guilty plea, the company was fined $70,000 by Justice of the Peace Thomas Stinson in London court; Crown Counsel Judy L. Chan.
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.
My opinion
The law(s) in contravention:
AFTT Development was found guilty of a contravention of the Ontario ‘Construction Projects’ regulation 213/91, section 31, subsection 1(b) which states,
“Every part of a project, including a temporary structure,
(b) shall be adequately braced to prevent any movement that may affect its stability or cause its failure or collapse.”
Since this was also contrary to section 25, subsection 1(c) of the Ontario Occupational Health and Safety Act, which states,
“An employer shall ensure that,
(c) the measures and procedures prescribed are carried out in the workplace.”
And finally, the fines were governed by adhering to section 66, subsection 1 of the OHSA which states,
“Every person who contravenes or fails to comply with,
(a) a provision of this Act or the regulations;
(b) an order or requirement of an inspector or a Director; or
(c) an order of the Minister,
is guilty of an offence and on conviction is liable to a fine of not more than $100,000 or to imprisonment for a term of not more than twelve months, or to both.”
A set of written work instructions as well as a completed JHA would have gone a long way in the prevention of the accident.
The safety of workers MUST be the top priority when running a business!
I guess AFTT found out too late.
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.
Ensure your workplace is a safe place.
Remember – In Ontario, “ALL Accidents are Preventable”
‘Work’ and ‘Play’ safe.
Daniel L. Beal
CHSEP – Advanced Level
VP & Senior Trainer
HRS Group Inc.
Your article helped me a lot!