Excerpt from the government of Ontario’s ‘Newsroom’
Richvale York Block Inc. failed to ensure there was a guardrail at the open side of a raised platform on which a worker stood, as prescribed by section 13(1)(b)(i) of the Regulation for Industrial Establishments. This is contrary to section 25(1)(c) of the Occupational Health and Safety Act, and an offence pursuant to subsection 66(1) of the Act.
The Company employs approximately 19 people at its London manufacturing location. On the day of the incident, a worker was on the production floor of the facility, bagging and shrink-wrapping manufactured concrete blocks before they were taken to a storage area.
In performing these duties, the worker stood on a platform approximately 29 inches above the work floor. While using a heat gun to apply shrink-wrapping to a difficult to reach section of a concrete block, the worker stepped backwards and fell from the platform. This resulted in a critical injury.
Following a guilty plea in Provincial Offences Court, London, Richvale York Block Inc. (the Company) was fined $50,000 by Justice of the Peace Kristine M. Diaz; Crown Counsel, Judy 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:
Richvale York Block Inc. was found guilty of a contravention of the ‘Industrial Establishment’ section 13, subsection 1(b)(i) which states,
“There shall be a guardrail,
(b) at an open side of,
(i) a raised floor, mezzanine, balcony, gallery, landing, platform, walkway, stile, ramp or other surface.”
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.”
A completed Job Hazard Analysis (JHA), would have caught the need for a guardrail and the company would have been better prepared to protect their worker.
HRS Group Inc. has a great team that can help you with all your health and safety needs. 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.