Excerpt from the government of Ontario’s ‘Newsroom’
A worker, employed by VanHeughten Contractors Inc. of Delhi, Ontario, was fatally injured after falling approximately five metres from a roof. VanHeughten Contractors Inc. failed to ensure the measures and procedures prescribed under section 26.1(2) of Regulation 213/91 were carried out in the workplace, contrary to section 25(1)(c) of the Occupational Health and Safety Act. Kyle VanHeughten failed, as a director of VanHeughten Contractors Inc., to take all reasonable care to ensure that the corporation complied with section 26.1(2) of Regulation 213/91 contrary to section 32(a) of the Act.
On March 4, 2022, four workers were installing wooden roof trusses on a construction project in Aylmer. The trusses were being installed on top of framed walls. No guardrail protection was present, nor were any of the workers wearing any other method of prescribed fall protection equipment. None of the workers were wearing any protective headwear.
One worker was standing on a two-by-four inch wood strapping while nailing wood with a cordless framing nailer. The strapping broke and the worker fell 5.08 meters from the roof and was struck by the nailer, causing fatal injuries.
Following guilty pleas in provincial offences court in St. Thomas, Ontario, VanHeughten Contractors Inc. was fined $85,000 and Kyle VanHeughten was fined $32,500 by Justice of the Peace Susan E. Whelan. Crown Counsel were Neil Dietrich and Daniel Kleiman.
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:
Van Heughten Contractors Inc., was found guilty of a contravention of the Ontario ‘Construction Projects’ sector regulation 213/91, section 26.1, subsection (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.”
Kyle Van Heughten Contractors Inc., was found guilty of section the same section, 26.1(2) of reg. 213/91.
This is contrary to section 32, subsection (a) of the OHSA which states,
“Every director and every officer of a corporation shall take all reasonable care to ensure that the corporation complies with,
- this Act and the regulations.”
Kyle Van Heughten and his team would have received all this relevant information during the sitting through the ‘Working at Heights’ (WAH). This course has been mandated by the Ministry because of the large number of falls in the construction sector.
Kyle should have realized that he had responsibilities under a heavily-regulated sector. He had to take the WAH course AND apply the knowledge.
I wonder if he slept through that portion where he had to comply.
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 info@hrsgroup.com
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.
I wanted to thank you for all the great information you are providing.
Thanks!