Excerpt from the government of Ontario’s ‘Newsroom’
On September 5, 2020, a ministry inspector arrived at a roofing project for a two storey multi-unit residence in the City of Quinte West. The employer was on site, along with two workers.
The inspector noticed that one of the workers was on the pitched roof of the structure, over three metres from the ground below, without any fall protection.
By failing to ensure workers wore appropriate fall protection equipment, Bell violated the Act.
Bell had four previous convictions under the Act:
On March 11, 2013, a ministry inspector observed three roofers in Belleville, employed by Bell, working at a height of more than three metres without being protected by fall protection. There were no injuries. The $2,000 fine for that conviction has not been paid.
- On November 16, 2013, a ministry inspector observed four roofers in Belleville, employed by Bell, working at a height of more than three metres without being protected by fall protection. There were no injuries. A $4,500 fine was levied, of which $900 remains unpaid.
- On October 7, 2015, a ministry inspector observed a roofer in the City of Quinte West, employed by Bell, working at a height of more than three metres without being protected by fall protection. There were no injuries. For that offence, Bell was sentenced to one day of imprisonment and fined $10,000, which has not been paid.
- On July 22, 2017, a ministry inspector observed a roofer in Belleville, and employed by Bell, working at a height of more than three metres without being protected by fall protection. There were no injuries. For that offence, Bell was sentenced to seven days of imprisonment.
Following a guilty plea in the Ontario Court of Justice, Bellville, Steven Bell was given a suspended sentence, subject to a probationary order, which strips him of the right to work or employ anyone, directly or indirectly, in the construction industry.
My opinion
The law(s) in contravention:
Steven Bell was found guilty of a contravention of the Ontario ‘Construction Projects’ sector regulation 213/91, section 26.1(2) which states,
“If it is not practicable to install a guardrail system as that subsection requires, a worker shall be adequately protected by the highest ranked method that is practicable from the following ranking of fall protection methods:
- A travel restraint system that meets the requirements,
- A fall restricting system that meets the requirements,
- A fall arrest system, other than a fall restricting system designed for use in wood pole climbing, that meets the requirements, or
- A safety net that meets the requirements.”
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.”
As the reader can see, there are those that flaunt the law and believe they do not have to be compliant.
I believe Mr. Bell face a lengthy jail sentence the next time he is caught. We all know he will be doing this again. Too bad for his workers.
Maybe someone should tell him about WHY he is banned as far as legislation goes.
Section 23, subsection 1(a) of the OHSA states,
“A constructor shall ensure, on a project undertaken by the constructor that,
- the measures and procedures prescribed by this Act and the regulations are carried out on the project.”
In other words, the constructor is responsible for everything on a construction site, including any contraventions of the OHSA or regulations. PERIOD!
HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Due Diligence’ 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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