Blog Post #1622 – Workplace Injury Results in $68,000 Fine for Woodbridge Company

Excerpt from the government of Ontario’s ‘Newsroom’

A worker, employed by Innovative Metal Works Inc. of Woodbridge, Ontario, a company that manufactures and installs structural steel at construction projects, sustained critical injuries after a nylon hoisting strap holding a lateral assembly beam to a crane broke, causing the beam to swing and fall. By not ensuring to take steps to protect the nylon hoisting strap from being cut, Innovative Metal Works Inc. failed, as an employer, to ensure that the measures and procedures prescribed by section 172(3) of the Regulation for Construction Projects were carried out at the workplace, contrary section 25(1)(c) of the Occupational Health and Safety Act.

On February 27, 2023, the company had three workers erecting the steel for the new addition. One worker was at ground level rigging loads to a crane to be hoisted and the other workers were on the third level with two scissor lifts used to install and connect the beams once hoisted.

The ground-level worker connected one end of a nylon hoisting strap to the centre of a lateral assembly beam with a choke hitch and attached the other end of the nylon hoisting strap to the crane hook block. The crane then lifted the beam to be placed and connected.

The lateral assembly beam, still being moved by the crane, was near its final position and ready to be bolted into place when the nylon hoisting strap holding it to the crane broke, causing the beam to swing and fall critically injuring the ground-level worker.

The Ministry of Labour, Immigration, Training and Skills Development investigation found that the nylon hoisting strap used to hoist the lateral assembly beam was cut when it came into contact with the sharp capping plate on the assembly. There was no evidence of edge protection being used to preserve the integrity of the nylon hoisting strap as it contacted sharp edges on the assembly.

Innovative Metal Works Ltd., as an employer, failed to ensure that the measures and procedures were carried out in the workplace, contrary to section 25(1)(c) of the Occupational Health and Safety Act.

Following a guilty plea in the Provincial Offences Court in Newmarket, Innovative Metal Works Ltd. was fined $68,000 by Justice of the Peace Raimondo Maltese; Crown Counsel was Judy Chan.

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:

Innovative Metal Works Ltd., was found guilty of a contravention of the Ontario ‘Construction Projects’ sector regulation 213/91, section 172, subsection (3) which states,

No sling or similar device for rigging or hoisting made of web-type fabric or nylon shall be used if it may be cut.

Innovative Metal Works Ltd., did not meet the standards listed in the Ontario Occupational Health and Safety Act (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.”

There are wear pads that can be added to protect sling edges from being chafed and cut through. They go a long way in protecting the sling from critical damage.

A “JHA”, Job Hazard Assessment, would have gone a long way in identifying the hazard and work to put preventative measures in place to protect the sling, and then, will protect the worker.

Innovative Metal Works Ltd., was also in contravention of the same section 25 of the OHSA, 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 ‘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.