Excerpt from the government of Ontario’s ‘Newsroom’
South Essex Fabricating Inc., a fabricator of commercial greenhouse structures and pre-engineered buildings situated in Leamington, Ontario, failed to shore the walls of a trench as required under section 234(1) of Regulation 213/91 of the Occupational Health and Safety Act (OHSA).
On the November 04, 2022, three Company workers were repairing a section of damaged stormwater drainage pipe at a worksite. The Company had been contracted to build an addition to a greenhouse that the pipe serviced.
The pipe was located inside a trench. At one end of the trench, the width was just over seven feet, with a depth of just over eight feet. The width and depth of the excavation varied due to the uneven base and walls of the greenhouse.
The distance between the two ends of the pipe was approximately 23 feet. The excavated walls of the trench were cut vertically with little or no sloping, and no shoring was in place.
A worker entered the trench to repair the pipe when one of the trench walls collapsed. The collapsed portion of the trench made up a significant portion of the 23 feet cleared to repair the pipe. As a result of the collapse, the worker sustained critical injuries.
An investigation by the Ministry of Labour, Immigration, Training and Skills Development found that the Company failed to shore the walls of the trench.
Following a guilty plea in Provincial Offences Court, Windsor, South Essex Fabricating Inc. (the Company) was fined $65,000 by Justice of the Peace Mary-Louise Cortese; Crown Counsel, Michael Nichol.
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:
South Essex Fabricating Inc. was found guilty of a contravention of the Ontario ‘Construction Projects’ sector regulation 213/91, section 234, subsection 1 which states,
“The walls of an excavation shall be supported by a support system that complies”.
The company had many options such as shoring systems, trench boxes and proper benching of the trench. This was just an accident waiting to happen.
The employer needed to know section 226 of 213/91 which states,
- (1) “For the purposes of this Part, soil shall be classified as Type 1, 2, 3 or 4 in accordance with the descriptions set out in this section.”
(2) “Type 1 soil,
(a) is hard, very dense and only able to be penetrated with difficulty by a small sharp object;
(b) has a low natural moisture content and a high degree of internal strength;
(c) has no signs of water seepage; and
(d) can be excavated only by mechanical equipment.”
(3) “Type 2 soil,
(a) is very stiff, dense and can be penetrated with moderate difficulty by a small sharp object;
(b) has a low to medium natural moisture content and a medium degree of internal strength; and
(c) has a damp appearance after it is excavated.”
(4) “Type 3 soil is,
(a) previously excavated soil; or
(b) soil that is stiff to firm or compact to loose in consistency and has one or more of the following characteristics:
(i) It exhibits signs of surface cracking.
(ii) It exhibits signs of water seepage.”
(iii) If it is dry, it may run easily into a well-defined conical pile.
(iv) It has a low degree of internal strength.”
(5) “Type 4 soil,
(a) is soft to very soft and very loose in consistency, very sensitive and upon disturbance is significantly reduced in natural strength;
(b) runs easily or flows, unless it is completely supported before excavating procedures;
(c) has almost no internal strength;
(d) is wet or muddy; and
(e) exerts substantial fluid pressure on its supporting system.”
There also should be a competent person that can assess the soil type and make recommendations on control methods. If there had been one, the worker(s) would not have been placed at risk.
The employer could also have been charged with a contravention of the Ontario Occupational Health and Safety Act (OHSA), section 25, subsection 2(h) which states,
“An employer shall,
“Take every precaution reasonable in the circumstances for the protection of a worker.”
HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Trenching and Excavation Safety’.
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.