Excerpt from the government of Ontario’s ‘Newsroom’
Two workers were injured when they fell while on a work platform. Amico Contractors Inc. failed to ensure that the platform was constructed and installed to support the weight of the workers, as required by section 134(1)(a) of Regulation 213/91, contrary to section 25(1)(c) of the Occupational Health and Safety Act.
On July 25, 2022, two workers were setting precast stairs and landings in stair shafts at a construction project in LaSalle. To complete this task, they built a work platform and braced it inside the stair shaft.
Shortly after the two workers climbed onto the platform to complete their work on the stairs, the platform fell while both workers were on it, causing injuries.
A Ministry of Labour, Immigration, Training and Skills Development inspection revealed that the workers did not construct or install the platform to support all loads to which it was likely to be subjected.
Following a guilty plea in the Ontario Court of Justice in Windsor, Ontario, Amico Contractors Inc. was fined $80,000 by Justice Shannon Pollock. Crown Counsel was Mike Nicol.
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:
Amico Contractors Inc. was found guilty of a contravention of the Ontario ‘Construction Projects’ 213/91, section 134, subsection 1(a) which states,
(1) “Every scaffold platform and other work platform shall be designed, constructed and maintained to support or resist, without exceeding the allowable unit stresses for the materials of which it is constructed,
(a) all loads and forces to which it is likely to be subjected.”
This is contrary to section 25, subsection 1(c) of the Ontario Occupational Health and Safety Act (OHSA), which states,
There was a swing stage accident in 2009 that changed the Fall Protection requirements in Ontario. The “Metron” accident showed that the training, up to that point, was insufficient and needed upgrading. (hence, ‘Working at Heights’ (WAH)
Section 131 of the sector reg. 213/91 states,
“Only a competent worker shall supervise the erection, alteration and dismantling of a scaffold.” Obviously, Amico Contractors Inc. was unaware of this section.
If Amico was unclear to what a competent worker is, there is a definition at the beginning of the regulation.
Definitions, “Competent worker” is,
““competent worker”, in relation to specific work, means a worker who,
(a) is qualified because of knowledge, training and experience to perform the work,
(b) is familiar with the Occupational Health and Safety Act and with the provisions of the regulations that apply to the work, and
(c) has knowledge of all potential or actual danger to health or safety in the work.”
I recently had the Ministry investigate a support scaffold project in Peterborough. It looked great except there were no sills. It was also built during long stretch of wet weather. A disaster waiting to happen.
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.