Blog Post #1648 – Construction Project Supervisor Fined $10,000 After Workplace Injury

Report from the government of Ontario’s ‘Newsroom’

Ryan Wilkes is a project supervisor employed by The Lake Partnership Inc.  A worker fell through an opening in the floor of a home under construction. Mr. Wilkes failed, as a supervisor, to ensure that the worker was protected by a guardrail or protective covering as required by section 26.3(2) of Ontario Regulation 213/91, contrary to section 27(1)(a) of the Occupational Health and Safety Act.

On December 20, 2022, Mr. Wilkes was the project supervisor at the site, which included workers from Mr. Wilkes’ company and two framing subcontractors.

There were openings in the floor at each level of the building for a planned elevator shaft. The opening to the elevator shaft on the first floor was covered by sheets of insulation made of dense polystyrene, featuring the words “DO NOT STEP.”

While a framer was working on the first floor, they stepped onto the material covering the opening for the elevator shaft and fell through to the basement floor.

A Ministry of Labour, Immigration, Training and Skills Development investigation found that the polystyrene covering did not meet the requirements for a protective covering set out in section 26.3(2) of the Construction Regulation, nor was there an adequate guardrail system in place around the opening as required by section 26.3(2).

Following a guilty plea in the Provincial Offences Court in Toronto, Mr. Wilkes was fined $10,000 by Justice of the Peace Ana C. Costa; Crown Counsel was Christine Perruzza.

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:

Ryan Wilkes was found guilty of a contravention of the Ontario ‘Construction Projects’ sector regulation 213/91, section 26.3, subsection 2 which states,

“One of the following precautions shall be used to prevent a worker from falling through an opening on a work surface:

1. A guardrail system that meets the requirements of this section.
2. A protective covering that,
3. completely covers the opening,
4. is securely fastened,

iii.  is adequately identified as covering an opening,

1. is made from material adequate to support all loads to which the covering may be subjected, and
2. is capable of supporting a live load of at least 2.4 kilonewtons per square metre without exceeding the allowable unit stresses for the material used.”

This is contrary to the Ontario Occupational Health and Safety Act (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. Wilkes is very fortunate that the fine was not larger than it was. He could have received a fine of as much as $500,000 for this event under section 66, subsection 1 of the OHSA, which states,

“Every person who contravenes or fails to comply with,

(a)  a provision of this Act or the regulations;

(b)  an order or requirement of an inspector or a Director; or

(c)  an order of the Minister,

is guilty of an offence and on conviction is liable to a fine of not more than $500,000 or to imprisonment for a term of not more than twelve months, or to both.”

The reader MUST know that Mr. Wilkes received ‘Working at Heights’ (WAH) training as required. If he did not, the employer, then, would have been at fault.

Any way you look at it, the worker needed to be better protected. THAT is the law!

HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Fall Protection’ and ‘Working at Heights’.

Contact Deborah toll free at 1-877-907-7744 or locally at 705-749-1259.

We can also be reached at

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.