Excerpt from the government of Ontario’s ‘Newsroom’
Matpol Metal Roof Manufacturing Ltd., carrying out business as Canadian Metal Roof Manufacturing Ltd, of Kitchener, Ontario N2B 3V6, is a construction company that installs metal roof systems.
A worker was fatally injured in a fall while installing metal sheathing on a second-storey roof. By not ensuring the worker used fall protection while on the roof, Matpol Metal Roof Manufacturing Ltd. (Matpol) failed, as a constructor, to ensure that every employer and every worker performing on a project complied with the Occupational Health and Safety Act and its regulations.
Matpol was the constructor on a project installing a metal roof on a single-family home. Matpol subcontracted another roofing company to complete this work.
On April 6, 2022, a worker from the subcontracted company was installing metal sheathing on the second-storey roof of the building, when they fell to the ground and suffered fatal injuries.
A Ministry of Labour, Immigration, Training and Skills Development investigation found that while fall protection equipment was available on site for use at the time of the incident, the worker was not wearing fall protection when they fell from the roof.
Following a guilty plea in the Provincial Offences Court in London, Matpol Metal Roof Manufacturing Ltd. was fined $110,000 by Justice of the Peace Emma Sims. Crown Counsel was Alicia Gordon-Fagan.
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:
“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; or
- A safety net that meets the requirements.”
This is contrary to the Ontario Occupational Health and Safety Act (OHSA), section 23, subsection 1(b) which states,
“A constructor shall ensure, on a project undertaken by the constructor that,
(b) every employer and every worker performing work on the project complies with this Act and the regulations.”
The “Working at Heights” section of the construction regulation 213/91, was created because the training up to that point was totally insufficient. Falls in construction are the leading cause of death in that sector.
Where was the supervisor here? Section 27, subsections 1 (a) and (b) of the OHSA 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; and
(b) uses or wears the equipment, protective devices or clothing that the worker’s employer requires to be used or worn.”
In any event, another worker did not have the opportunity to go home at the end of the work day.
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.
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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