Excerpt from the government of Ontario’s ‘Newsroom’
Goldentrust Development Inc. was the constructor for the workplace. A self-employed owner of a sub-contractor was fatally injured at the workplace when they fell approximately six meters to the bottom of an unguarded elevator shaft. Goldentrust Development Inc. failed to ensure that the opening to the elevator shaft was protected by a guardrail to prevent a worker from falling into the shaft. This is an offence under section 26.3(1) of Regulation 213/91 of the Occupational Health and Safety Act.
Goldentrust Development Inc. is a home building company that was constructing a single-family house.
On November 6, 2019, a worker at the project was installing door hardware and wooden paneling in the house. While installing a door handle on a second-story elevator door in the house, the worker was exposed to the opening of the elevator shaft, which was not protected by a guardrail.
The worker was fatally injured when they fell approximately six meters down to the bottom of the shaft.
Following a guilty plea in provincial offences court in Toronto, Goldentrust Development Inc. was fined $50,000 by Justice of the Peace Karen Valentine; Crown Counsel Mike Nicol.
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:
Goldentrust Development Inc. was found guilty of a contravention of the Ontario ‘Construction Projects’ regulation 213/91, section 26.3, subsection 1 which states,
A worker shall be adequately protected by a guardrail system that meets the requirements of subsections 26.3 (2) to (8).
Goldentrust Development Inc. should have been made aware of the hazard of falling via a JHA. (Job Hazard Analysis) If a JHA was completed prior to the worker being placed at risk, I would wager that the worker may very well be alive today.
Safety of the worker MUST be paramount!
HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘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.
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Good luck!
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