Excerpt from the government of Ontario’s ‘Newsroom’
A worker, employed by Sin Structures Inc. of Brampton, Ontario, was critically injured during the construction of a bridge. Contrary to safety procedures, Sin Structures Inc. failed, as an employer, to ensure equipment was moved without endangering the safety of a worker as outlined in the Occupational Health and Safety Act.
On March 9, 2022, a quality control inspection supervisor was doing the final inspection of the girder/truss for a bridge that was being assembled in an industrial building.
The supervisor was accompanied by the lead hand/welder fitter. All other production workers, including the crane operator, were on a scheduled break. The C3 and C4 overhead cranes were not locked and secured, and the pendant remotes were left out and accessible.
To get a better view, the supervisor positioned themselves side-saddle on the steel jig inside the bridge glider and noticed a bolt was improperly positioned. To fix this, the bridge girder/truss had to be moved so the bolt hole locations could match the engineered drawings.
Since all material handlers and crane operators were on break, the lead hand/welder fitter chose to operate the overhead crane to move the bridge girder/truss the quarter inch needed. They did this by jogging the remote for the overhead crane.
While they did this, the bridge assembly moved uncontrollably (approximately four feet in distance) causing the diagonal cord (cross member) of the bridge girder/truss to move across the steel jig to where the supervisor was seated.
This created a pinch point, and the supervisor was critically injured as result.
By failing to ensure the bridge girder/truss was moved in a way that did not endanger the safety of a worker, as outlined in Reg 851/90, section 45(a), Sin Structures Inc. violated section 25(1)(c) of the Act.
Following a guilty plea in the Ontario Court of Justice, Welland, Sin Structures Inc. was fined $100,000 by Justice of the Peace Brett Kelly. Crown Counsel was Katie Krafchick.
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:
Sin Structures Inc., was found guilty of a contravention of the Ontario ‘Industrial Establishments’ sector regulation 851/90, section 45, subsection (a) which states,
“Material, articles or things,
- required to be lifted, carried or moved, shall be lifted, carried or moved in such a way and with such precautions and safeguards, including protective clothing, guards or other precautions as will ensure that the lifting, carrying or moving of the material, articles or things does not endanger the safety of any 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,
- the measures and procedures prescribed are carried out in the workplace.”
Whether or not the employer realizes this, everything in the green book, that pertains to their workplace, has to be complied with.
Please ensure your company hires a 3rd party safety consultant to begin the compliance process OR hire a proper safety professional to do the same thing.
It will pay for itself in the long run.
HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Due Diligence’ and ‘Material Handling’.
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.