Blog Post #1268 – Worker’s Fall from Platform Results in $60,000 Fine for Caledon Company

Excerpt from the government of Ontario’s ‘Newsroom’

A worker employed by Aurora King Masonry Ltd. of Toronto, a company specializing in masonry work. received critical injuries after falling from a platform. By law, a work platform over 2.4 metres (7.87 feet) must have a guardrail.

On January 12, 2019, Aurora King Masonry was undertaking masonry work at a project located at 12600 Kennedy Road in Caledon, Ontario. The project involved the construction of a three-story seniors’ residence.

On that date, two workers were working from the platform of a mast climber about 30 feet (9.14 metres) from the ground.

One worker descended from the work platform to obtain fresh batteries for a tool. The worker returned and found the co-worker lying unconscious on the ground. No one witnessed the fall. The injured worker suffered critical injuries.

A Ministry of Labour, Training and Skills Development inspector determined that the elevated work platform in question did not have a guardrail.

Following a guilty plea, Aurora King Masonry Ltd. was fined $60,000 by Justice of the Peace Valerie G. Carty; Crown Counsel Indira Stewart.

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:

Aurora King Masonry Ltd. was found guilty of a contravention of the Ontario Construction Projects sector regulation 213/91, section 135, subsection 1(c) which states,

“A scaffold platform or other work platform,

(c)  shall be provided with a guardrail as required.”

This is contrary to section 25, subsection 1(c) of the Ontario Occupational Health and Safety Act (OHSA) which states,

“An employer shall ensure that,

(c) the measures and procedures prescribed are carried out in the workplace.”

It is too bad Aurora King Masonry did not receive support scaffold training. I see it all the time where I live and only now, with all the MOL calls and complaints are the brick layers actually including guardrails. Mind you, I blame the site supervisor for not taking safety seriously at all.

I wonder if Aurora King Masonry knows that tube-and-clamp scaffolding is a trade. Hmmm….

HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Support Scaffold’ training. Contact Deborah toll free at 1-877-907-7744 or locally at 705-749-1259 We can also be reached at 

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.

 

 

 

 

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