Excerpt from the government of Ontario’s ‘Newsroom’
Description of Offence: Two workers were injured when a section of an unbraced masonry block wall collapsed.
Fortis Construction Group Inc. failed, as a constructor, to ensure that the wall was adequately braced as required by section 31(1)(b) of Regulation 213/91, a violation of section 23(1)(b) of the Occupational Health and Safety Act.
Vito Masonry Ltd. failed, as an employer, to ensure that the wall was adequately braced as required by section 31(1)(b) of Regulation 213/91, a violation of section 25(1)(c) of the Act.
Date of Offence: November 11, 2021
Date of Conviction:
- November 6, 2023 (Fortis Construction Group Inc.)
- February 8, 2024 (Vito Masonry Ltd.)
On November 2021, Fortis Construction Group Inc. (Fortis) was the constructor of a new school in Windsor. Fortis had hired Vito Masonry Ltd. (Vito) to complete masonry work, including building block walls.
On November 9, a freestanding interior masonry block wall, 54 feet long and 13.5 feet tall, was completed. The wall was not braced by either Fortis or Vito workers.
On November 11, workers from both companies were on the second floor of the building. The weather that morning was unremarkable.
In the early afternoon, the weather changed, with wind speed reaching over 32 km/h. During that time, a section of the unbraced masonry block wall collapsed, injuring two workers.
An investigation by the Ministry of Labour, Immigration, Training and Skills Development found that the masonry block wall was inadequately braced.
Fortis Construction Group Inc. was fined $85,000 by Justice of the Peace Susan Hoffman on November 6, 2023.
Vito Masonry Ltd. was fined $45,000 by Justice of the Peace Susan Whelan on May 10, 2024.
The courts also imposed 25 per cent victim fine surcharges as required by the Provincial Offences Act. The surcharge is credited to a special provincial government fund to assist victims of crime.
Crown Counsel for both was Neil Dietrich.
My opinion
The law(s) in contravention:
Fortis Construction Group Inc., was found guilty of the sector regulation 213/91, ‘Construction Projects’ section 31, subsection 1(b) which states,
“Every part of a project, including a temporary structure,
(b) shall be adequately braced to prevent any movement that may affect its stability or cause its failure or collapse.”
This is in direct contravention of the Ontario Occupational Health and Safety Act (OHSA), section 23, subsection 1(b) which states,
“A constructor shall ensure, on a project undertaken by the constructor that,
(b) every employer and every worker performing work on the project complies with this Act and the regulations.”
Vito Masonry Ltd., was found guilty of a contravention of reg. 213/91, section 31, subsection 1(b) which states,
“Every part of a project, including a temporary structure,
(b) shall be adequately braced to prevent any movement that may affect its stability or cause its failure or collapse.”
This is direct contravention of the OHSA section 25, subsection 1(c) which states,
“An employer shall ensure that,
(c) the measures and procedures prescribed are carried out in the workplace.”
Many people ask,
- Why does the constructor receive the larger fine?
- Isn’t more of an employer problem?
The answer is in the OHSA. Section 23, 1(b) is the more important section. The constructor hires each trade and must ensure that safety is the #1 priority. This is why an on-site supervisor, with a safety background, is the right answer.
I would assume the site supervisor does not have that background.
HRS Group Inc. has a great team that can help you with all your health and safety needs. 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.
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