Excerpt from the government of Ontario’s ‘Newsroom’
A worker was injured by a swinging peri box that was rigged to a tower crane. Claridge Homes Inc., from Ottawa, Ontario, failed to ensure that the measures and procedures required by section 179(1) of Ontario Regulation 213/91 were carried out at the workplace, contrary to section23(1)(a) of the Ontario Health and Safety Act.
Claridge Homes Inc. was the constructor at a high-rise project in Ottawa, which included the use of a tower crane and formwork equipment.
On October 25, 2022, a worker from a company that had been subcontracted to work on the project was helping to hoist a peri box filled with formwork components up to the upper slab. As the load lifted, it began to swing and move towards the worker, causing a critical injury.
A Ministry of Labour, Immigration, Training and Skills Development investigation determined that Claridge Homes Inc. failed to ensure that a tag line/guide rope was used to prevent the peri box from swinging towards the worker, as required by section 179(1) of Ontario Regulation 213/91.
Following a guilty plea in the Provincial Offenses Court in Ottawa, Claridge Homes Inc. was fined $55,000 by Justice of the Peace Karen Baum; Crown Counsel was Dan Phelan.
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:
Claridge Homes Inc. was found guilty of a contravention of the Ontario ‘Construction Projects’ sector regulation 213/91, section 179, subsection (1) which states,
“If a worker may be endangered by the rotation or uncontrolled motion of a load being hoisted by a crane or other hoisting device, one or more guide ropes or tag lines shall be used to prevent the rotation or uncontrolled motion.”
This is in contravention of the Ontario Occupational Health and Safety Act (OHSA), section 23, subsection 1(a) which states,
“A constructor shall ensure, on a project undertaken by the constructor that,
(a) the measures and procedures prescribed by this Act and the regulations are carried out on the project.”
Where was the supervisor in all this and was, he/she “Competent” to supervise the operation? If not then section 25, subsection 2(c) of the same OHSA was in contravention. It states,
“An employer shall,
when appointing a supervisor, appoint a competent person.”
Material Handling, even with a mobile crane or a tower crane, can be a dangerous operation and the riggers and operators need to be competent to do the work.
“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 ‘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!