Blog Post #1377 – Workplace Fatality Results in $60,000 Fine for Braeside Company

Excerpt from the government of Ontario’s ‘Newsroom’

A worker performing work for ThermoEnergy Structures Inc. suffered a fatality resulting from the use of a bucket truck. ThermoEnergy Structures Inc. failed, as a constructor, to ensure that the measures and procedures prescribed by O. Reg. 213/91, made under the Occupational Health and Safety Act, were carried out at the project.

On August 7, 2019, a contractor employed by ThermoEnergy Structures Inc. was assisting in the assembly and erection of an industrial type/style barn. This involved working from the bucket of a bucket truck.

While assisting in the erection and assembly operations from the interior of the structure under construction, the worker fell from the bucket to the ground sustaining critical injuries. The worker was taken to a nearby hospital where they were admitted to the ICU.

On August 21, 2019, the worker was pronounced dead from complications resulting from their injuries.

An investigation by the Ministry of Labour, Training and Skills Development determined that the worker was not wearing fall protection at the time of the fall.

Accordingly, the constructor failed to ensure that the measures and procedures prescribed by s. 148(1)(e) were carried out at the project, contrary to s. 23(1)(a) of the Occupational Health and Safety Act.

Following a guilty plea in provincial offences court in Belleville, ThermoEnergy Structures Inc. was fined $60,000 by Justice of the Peace Goffin-Boyd.

My opinion

The law(s) in contravention:

ThermoEnergy Structures Inc. was found guilty of a contravention of the Ontario ‘Construction Projects’ regulation 213/91, section 148, subsection (1)(e) which states,

1) “An elevating work platform,

(e) shall not be used, in the case of a self-propelled or vehicle-mounted boom-type elevating work platform or a vehicle-mounted aerial device, unless all workers on it are attached to an adequate anchorage point on the elevating work platform by a method of fall protection.”

This section is not ambiguous! Once you begin to use an elevating work platform, in any capacity, anyone on the unit MUST be tied off to an adequate anchorage point!

‘Working at Heights’ training would have made that known.

Enough said.

HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Fall Protection’ and Working at Heights’. 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
CEO & Senior Trainer
HRS Group Inc.




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