Excerpt from the government of Ontario’s ‘Newsroom’
A worker, employed by Hydro One Networks Inc., of Toronto, Ontario, a power supply company, and Gregory Diebold, a supervisor, was critically injured after a copper wire they were holding, made contact with a live powerline. Hydro One failed to ensure that work performed on or near electrical transmission or distribution systems was performed in accordance with section 132 of the Electrical Utility Safety Rules as required by section 181 of Ontario Regulation 213/91. The supervisor failed to take every reasonable precaution to prevent hazards to workers from energized electrical equipment, installations and conductors, as required by section 183 of the Regulation.
On September 25, 2022, two workers were installing 21-inch copper leads on a 3-phase 44 kilovolt powerline. They were working from a double bucket insulated boom truck.
The powerline they were working on was deenergized. A single rural 4.8 kilovolt powerline below them was still live and a cover-up barrier was not applied. The distance between the powerlines was about 20.5 feet.
As one of the workers handed the end of a copper lead to the other, they lost their grip and dropped their end of the lead. The second worker was holding the other end of the lead when it contacted the live powerline below, causing a critical injury.
A Ministry of Labour, Training and Skills Development investigation found several failures with respect to section 132 of the Electrical Utility Safety Rules (EUSR), including:
The job planners failed to complete a work plan identifying the hazards at this specific work location. The job planners, including the supervisor, did not account for the lead lengths and line heights when assessing the distance between the top of the insulated bucket down to the energized line.
The single rural 4.8 kilovolt power line was not covered or controlled.
Furthermore, the supervisor had been identified on the job plan as a designated observer, but because the work was being done more than 3 feet away from the lower, energized rural line, they believed a designated observer was not required.
Hydro One Networks Inc. failed, as an employer, to ensure that the work was performed in accordance with section 132 of the EUSR as required by section 181 of Ontario Regulation 213/91, contrary to section27(1)(a) of the of the Occupational Health and Safety Act.
The supervisor also failed to take every reasonable precaution to prevent hazards to workers from energized electrical equipment, installations and conductors, as required by section 183 of Ontario Regulation 213/91, contrary to section 25(1)(c) of the of the Occupational Health and Safety Act.
Following guilty pleas in the Provincial Offences Court in Goderich, Hydro One was fined $250,000 by Justice of the Peace Kristine Diaz and Gregory Diebold was fined $12,000 by Justice of the Peace Tara Oudekerk; Crown Counsel was Katie Krafchick.
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:
Hydro One was found guilty of a contravention of the Electrical Utility Safety Rules section 132 which states,
Work on or in Proximity to Energized Apparatus
- “A formal risk assessment shall be conducted, and written procedures shall be established and implemented to adequately protect a worker from all electrical shock and burn.”
- “Before performing work on or in proximity to energized apparatus, a review of the written procedure, or if the written procedure is not available, the job steps must be listed directly on the documented job plan and communicated to all workers.”
- “Workers shall use protective equipment and barriers adequate to protect them from electrical shock or burn.”
This is contrary to 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 also contrary to 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.”
The supervisor, Gregory Diebold, was found guilty of a contravention of the OHSA, section 27, subsection 1(a) which states,
“A supervisor shall ensure that a worker,
(a) works in the manner and with the protective devices, measures and procedures required by this Act and the regulations.”
Mr. Diebold should have known better and Hydro One, with their exemplary record for safety, needed to complete a JHA and follow the guidelines as set out in the EUSR.
A mistake can happen, usually because of a lack of ‘Due Diligence’.
HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Electrical Safety Awareness’.
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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Thanks!
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