Excerpt from the government of Ontario’s ‘Newsroom’
The defendant failed to provide for the safe installation of siding and trim on a house from a height. Richard D. Steele Construction (1979) Ltd. failed as an employer to ensure that the requirements of section 125(1) of Ontario Regulation 213/91 (Construction Projects) were carried out at the project, and thereby violated section 25(1)(c) of the Occupational Health and Safety Act (OHSA).
On the date of the incident, two workers were installing exterior siding and trim on the wall of a private dwelling.
A pump jack scaffold system had been set up to allow the workers to perform the work at height, however, it did not span the entire wall being worked on.
One worker climbed an extension ladder that was leaned against the wall in the area not accessible from the scaffold. The worker was using a pneumatic nail gun and started working at a height of more than three metres.
While handling the nail gun the worker leaned over and the extension ladder slipped from the side of the house. The worker fell and suffered a critical injury.
Following a guilty plea in Provincial Offences Court, Brockville, Richard D. Steele Construction (1979) Ltd. was fined $75,000 by Justice of the Peace Stephen Dibblee; Crown Counsel, Tyler Fram.
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:
Richard D. Steele Construction Ltd., was found guilty of a contravention of the Ontario ‘Construction Projects’ sector regulation 213/91, section 125, subsection 1 which states,
“Where work cannot be done on or from the ground or from a building or other permanent structure without hazard to workers, a worker shall be provided with a scaffold, a suspended work platform, a boatswain’s chair or a multi-point suspended work platform that meets the requirements of this Regulation.”
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.”
How much simpler can it get? If a worker has the chance of a fall, and is over 3 metres (or 10 ft), then he/she MUST be protected! That is the law!
The workers would have received this information at their latest Working at Heights refresher.
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.
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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.