Excerpt from the government of Ontario’s ‘Newsroom’
A worker, employed by Cementation Canada Inc., of Toronto Ontario, fell 4.09 metres from a raised platform and was injured. Cementation Canada Inc. failed, as an employer, to ensure that a fall arrest system was used at the workplace to protect workers exposed to a fall greater than three metres. Cementation Canada Inc. is an underground mine contracting and engineering company with offices in North Bay and Sudbury.
On January 27, 2021, a worker employed by Cementation Canada Inc. was working at the Young Davidson Mine near Matachewan, Ontario.
The worker was working on a raise climber nest, which is a work platform used to blast and drill a large tunnel or opening (raise) that is mined upward. The worker was washing this equipment when they fell through an opening designed to allow the climber to leave the nest.
The worker suffered multiple injuries after falling 4.09 metres to the ground. Although the worker was wearing a full body harness, they were not tied to the fall protection system at the time of the incident.
Following a guilty plea in the Ontario Court of Justice, Kirkland Lake, Cementation Canada Inc., was fined $110,000 by Justice Catherine Mathias; Crown Counsel, Neil Gobardhan.
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:
Cementation Canada Inc. was found guilty of a contravention of the Ontario “Mining and Mining Plants” regulation 854/90, section 14, subsection 1 which states,
“Where a worker is exposed to the hazard of falling more than three metres, a fall arrest system shall be used to protect the worker.”
This is contrary to the Ontario Occupational Health and Safety Act (OHSA), section 25, subsection 1(c) which states,
“An employer shall ensure that,
(c) the measures and procedures prescribed are carried out in the workplace.”
Fall Protection is big in the construction sector and a new program was developed called “Working at Heights” and, as a provider, I truly believe that this new course has saved lives. Too bad Cementation Canada Inc. didn’t feel it necessary to take Fall Protection training and enforce section 14(1) of the mining regulations.
As always, too little, too late.
I would bet they have something in place now!
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.