Excerpt from the government of Ontario’s ‘Newsroom’
A worker, employed by Pickard Construction of Owen Sound, Ontario, was critically injured while their crew was clearing a blockage from a pipe near a live overhead hydro line. By not ensuring precautions were in place to prevent hazards to workers from energized electrical equipment, installations and conductors, Pickard Construction failed, as an employer, to ensure that the measures and procedures as prescribed by section 183 of Ontario Regulation 213/91 were carried out at the workplace, contrary to section 25(1)(c) of the Occupational Health and Safety Act.
Pickard Construction was contracted to drill and install underground fiber optic lines to bring high-speed internet into homes in rural Southwest Ontario.
On June 24, 2022, two workers were attempting to remove traceable mule tape from a previously buried high-density polyurethane (HDPE) pipe. HDPE pipes are pre-roped with traceable mule tape to help workers locate underground pipes after installation.
The workers inserted the nozzle of a portable air compressor into the HDPE pipe and used air to blow a tangled mule tape blockage through it. Another worker and a supervisor were standing at the other end of the HDPE pipe waiting for it to clear. As the blockage began to clear, the tangled ball of mule tape shot into the air and over a live hydro line, critically injuring the worker standing at the other end of the HDPE pipe.
Since the incident, the company has developed written procedures for the task of using compressed air to clear HDPE pipes.
Following a guilty plea in the Provincial Offences Court in Barrie, Pickard Construction was fined $200,000 by Justice of the Peace Douglas Conley; Crown Counsel were Katie Krafchick and Sepideh Kamali.
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:
Pickard Construction was found guilty of a contravention of the Ontario ‘Construction Projects’ sector regulation 213/91, section 183 which states,
“Every reasonable precaution shall be taken to prevent hazards to workers from energized electrical equipment, installations and conductors.”
This is in direction contravention of 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.”
This was a freak accident and the chance this was going to have happened could not have been reasonably assessed.
Mind you, Pickard Construction HAS completed written procedures to cover incidents like this one.
I do hope the supervisor will take the lead here. Section 27, subsection 1(a) of the OHSA which states,
“A supervisor shall ensure that a worker,
- works in the manner and with the protective devices, measures and procedures required by this Act and the regulations.”
Or section 27, subsection 2 which states,
“A supervisor shall,
(a) advise a worker of the existence of any potential or actual danger to the health or safety of the worker of which the supervisor is aware;
(b) where so prescribed, provide a worker with written instructions as to the measures and procedures to be taken for protection of the worker; and
(c) take every precaution reasonable in the circumstances for the protection of a worker.”
As the reader can see, the supervisor has important responsibilities when it comes to workplace safety.
HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Electrical Safety Awareness’ and ‘Lockout and Tagout’. Contact Deborah toll free at 1-877-907-7744 or locally at 705-749-1259.
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.