Excerpt from the government of Ontario’s ‘Newsroom’
A worker was injured falling from a platform. Delta Elevator Company Limited failed to provide a guardrail, as required under section 26.1(1) of the Regulation for Construction Projects, contrary to section 25(1)(c) of the Occupational Health and Safety Act.
Delta Elevator Company Limited was hired to modernize two elevators in a multi-level apartment building and brought in a sub-contractor to do electrical work.
To reach the elevator room, the electrical worker had to climb a 13-tread flight of stairs from the broiler room. The landing at the top of the staircase had no barrier around the open side of the stairway. The metal guardrail had been removed by Delta workers to create room to move equipment.
On December 15, 2022, the electrical worker completed installation of new lighting and other electrical equipment in the elevator room. To clean up the work area, the worker threw cardboard waste down to the broiler room floor. While doing that, they fell nine feet to the floor below, sustaining injuries.
Following a guilty plea in the Ontario Court of Justice, London, Delta Elevator Company Limited was fined $75,000 by Judge Kristine Diaz. The Crown Counsel was Judy L. Chan.
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:
Delta Elevator Company Limited was found guilty of a contravention of the Ontario ‘Construction Projects’ sector regulation 213/91, section 26.1, subsection (1) which states,
“A worker shall be adequately protected by a guardrail system that meets the requirements.”
This is in contravention of 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.”
Every construction employer needs to ensure their workers, and themselves, take the Working at Heights (WAH) program because the protection of the worker MUST be the priority of any employer.
Delta Elevator Ltd., it seems, never received the memo. To bad for their employees!
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.