Excerpt from the government of Ontario’s ‘Newsroom’
A worker, employed by BNE Concrete Floors & Coatings Inc. of Cambridge, Ontario, was critically injured after prolonged exposure to carbon monoxide. The company failed to ensure that the measures and procedures prescribed under section 47(2) of Ontario Regulation 213/91 were carried out at the workplace, contrary to section 25(1)(c) of the Occupational Health and Safety Act. The company also failed to immediately notify an inspector of a critical injury at the workplace, contrary to section 51(1) of the Act.
On January 4, 2023, the company had been contracted to coat and polish concrete floors at the construction project for a new warehouse. A worker was operating a polishing machine that used an internal combustion engine that burned propane.
After running the machine for approximately 2.5 hours, the worker began to feel unwell and lost consciousness after leaving the room. The worker suffered a serious injury from carbon monoxide exposure due to the lack of ventilation in the room.
Following a guilty plea in provincial offences court in London, BNE Concrete Floors & Coatings Inc. was fined $65,000 for the violation that led to the injury and $5,000 for failing to notify an inspector. Justice of the Peace was Kristine Diaz. Crown Counsel was Wes Wilson.
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:
BNE Concrete Floors & Coatings Inc. was found guilty of a contravention of the Ontario ‘Construction Projects’ sector regulation 213/91, section 47, subsection 2 which states,
“No internal combustion engine shall be operated in an excavation or in a building or other enclosed structure unless there is an adequate supply of air for combustion and,
(a) the exhaust gases and fumes from the engine are adequately discharged directly outside the excavation, building or other enclosed structure to a point sufficiently remote to prevent the return of the gases and fumes; or
(b) there is adequate natural or mechanical ventilation to ensure that exhaust gases and fumes from the engine will not accumulate in the excavation, building or other enclosed structure.”
This is contrary to section 25, subsection 1(c) of the Ontario Occupational Health and Safety Act (OHSA), which states,
“An employer shall ensure that,
(c) the measures and procedures prescribed are carried out in the workplace.”
BNE Concrete Floors & Coatings Inc. was also found guilty of a contravention of the OHSA, section 51, subsection 1 which states,
“Where a person is killed or critically injured from any cause at a workplace, the constructor, if any, and the employer shall notify an inspector, and the committee, health and safety representative and trade union, if any, immediately of the occurrence by telephone or other direct means and the employer shall, within forty-eight hours after the occurrence, send to a Director and to the committee, health and safety representative and trade union, if any a written report of the circumstances of the occurrence containing such information and particulars as the regulations prescribe.”
As the reader can see, there is a lot of responsibility for the employer here. Knowledge of all associated hazards and control measures as well as potential notification requirements to the Ministry and others.
As a long-term blogger, I have noticed that most employers are unaware of the term “Critical Injury”.
Regulation 834: Critical Injury – Defined
“For the purposes of the Act and the Regulations, “critically injured” means an injury of a serious nature that,
- places life in jeopardy,
- produces unconsciousness,
- results in substantial loss of blood,
- involves the fracture of a leg or arm but not a finger or toe,
- involves the amputation of a leg, arm, hand or foot but not a finger or toe,
- consists of burns to a major portion of the body,
- causes the loss of sight in an eye.”
If your company has not hired a safety professional on your staff then I would suggest you do so, sooner than later.
HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Due Diligence’ and ‘Safe Operating Procedures’.
The safe operating procedures would have guaranteed regular inspection of all the gates and equipment.
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.
Thanks.