Excerpt from the government of Ontario’s ‘Newsroom’
A worker employed by Woodstock Ford, a car dealership and service centre, was fatally injured after falling from a stepladder. The company failed to take the reasonable precautions of ensuring that the worker worked from a ladder or platform designed to be used at the required working height, contrary to section 25(2)(h) of the Occupational Health and Safety Act.
On August 9, 2022, two workers were cleaning a vehicle in the detailing bay of the company’s automotive shop. One of the workers left to do another job in a different area while the other continued to work on the vehicle alone. The remaining worker was drying the roof of the vehicle with a chamois while standing on the top cap of a stepladder.
When the worker attempted to get down from the stepladder, they slipped and fell to the concrete floor 33.5 inches below, sustaining fatal injuries.
A ministry of Labour, Immigration, Training and Skills Development investigation found that the stepladder was an inadequate height to be safely used by the worker to dry the roof of the vehicle, which created a fall hazard. Instead, the work could have been done safely with a ladder or platform designed to be used at the required height.
Following a guilty plea in the Ontario Court of Justice in Woodstock, the company was fined $125,000 by Justice of the Peace Justice Cuthbertson. Crown Counsel was 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:
Woodstock Ford was found guilty of a contravention of the Ontario Occupational Health and Safety Act (OHSA), section 25, subsection 2(h) which states,
“An employer shall,
(h) Take every precaution reasonable in the circumstances for the protection of the worker.”
In any ‘Fall Protection’ training program, there are certain pieces of safety information that deal with working with ladders and some of those are,
- Grasp the side rails with gloved hands;
- Always face the ladder;
- Keep the centre of the body within the side rails;
- Maintain three-point contact on the ladder at all times;
- Never carry objects in your hands while climbing a ladder;
- Stay balanced within the side rails;
- Use a fall arrest system when exposed to the hazard of falling 3 m (~10 ft.) or more off the ground;
- Never stand higher than the fourth rung from the top on an extension ladder; or
- Never stand higher than the third step from the top on a step ladder;
A completed JHA, ‘Job Hazard Assessment’ is also critical before starting any job.
By the way, where was the supervisor in all this? Was he/she competent to supervise this operation? If not then section 25, subsection 2(c) of the OHSA was in contravention. It states,
“An employer shall,
(c) when appointing a supervisor, appoint a competent person.”
If the supervisor WAS competent, then he/she was in contravention of section 27 which states,
27(1) “A supervisor shall ensure that a worker,
(a) works in the manner and with the protective devices, measures and procedures required by this Act and the regulations; and
(b) uses or wears the equipment, protective devices or clothing that the worker’s employer requires to be used or worn.”
(2) “Without limiting the duty imposed by subsection (1), a supervisor shall,
(a) advise a worker of the existence of any potential or actual danger to the health or safety of the worker of which the supervisor is aware;
(b) where so prescribed, provide a worker with written instructions as to the measures and procedures to be taken for protection of the worker; and
(c) take every precaution reasonable in the circumstances for the protection of a worker.”
If the reader does not know by now the competency standard as defined in the OHSA then please review the definition below.
A “competent person” means a person who,
(a) is qualified because of knowledge, training and experience to organize the work and its performance,
(b) is familiar with this Act and the regulations that apply to the work, and
(c) has knowledge of any potential or actual danger to health or safety in the workplace.”
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.