Excerpt from the government of Ontario’s ‘Newsroom’
- Lakeridge Developments (Muskoka) Limited, 1A Lee Valley Drive, Port Carling
- Paul Kritski, Supervisor, Peak Roofing Services Inc.
A worker was injured after falling 30 feet from a roof at a construction project.
On November 12, 2020, Lakeridge Developments was the constructor of a new cottage, guest cottage and two boathouses on a property in Seguin. Lakeridge Developments had subcontracted Peak Roofing Services to provide workers to install the roofing. A worker from Peak Roofing Services was on a flat section of roof, moving insulation, when they fell 30 feet to the ground below, suffering a critical injury.
A Ministry of Labour, Immigration, Training and Skills Development investigation found that there was permanent, engineered anchor points on the roof and that the worker had fall protection training.
However, at the time of the incident, the worker was not using fall protection and there were no guardrails installed along the perimeter of the roof. Peak Roofing Services supervisor, Paul Kritski, and three additional workers were also on the roof that morning. Fall protection was not being used by any of the crew.
Lakeridge Developments (Muskoka) Limited was fined $50,000.
Paul Kritski was fined $15,000.
Both fines were imposed by Justice of the Peace Diane M. McAleer following a guilty plea at the provincial offences court in Parry Sound. Crown Counsel was Alicia Gordon-Fagan.
The court also imposed a 25 per cent victim fine surcharge on each fine 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:
Lakeridge Developments was found guilty of a contravention of the Ontario Occupational Health and Safety Act (OHSA) section 23, subsection 1(a) which states,
A constructor shall ensure, on a project undertaken by the constructor that,
(a) the measures and procedures prescribed by this Act and the regulations are carried out on the project;
Paul Kritski, the supervisor for Peak Roof Services Inc. was found guilty of a contravention of the OHSA, section 27, subsection 1(a) which states,
“A supervisor shall ensure that a worker,
(a) works in the manner and with the protective devices, measures and procedures required by this Act and the regulations.”
Both the constructor and contractor supervisor were found guilty of a contravention of the Ontario Construction regulation 213/91, section 26.1 which states,
“A worker shall be adequately protected by a guardrail system that meets the requirements.”
This is not a surprise since most companies receive ‘Working at Heights’ training and many small companies do not understand that they must following the information outlined in the training. I do find, however, and I think the reader may agree, most roofers are never tied off. They even wear the appropriate harness and some install the roof peak anchors to simulate safety but choose not to use them. Lakeridge Developments should have investigated this company to see if they follow safe work practices. I would also suggest Lakeridge hire a site safety officer to ensure full compliance.
Section 23 of the OHSA is very specific on constructor’s responsibilities.
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.
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.