Blog Post #1653 – Ottawa Flooring Company Fined $100,000 After Worker Injured

Report from the government of Ontario’s ‘Newsroom’

A worker, employed by Southgate Carpets Inc. of Ottawa, Ontario, a flooring company that also performs small renovations, fell from the top of a wall of a building being demolished.

On September 10, 2023, workers were removing roof trusses from a partially demolished house on the property. One worker was sitting and standing atop the walls of the house and using a crowbar to separate the trusses from the exterior walls, then rig them to an excavator to be pulled off the wall. During this time, the worker fell to the ground below.

A Ministry of Labour, Immigration, Training and Skills Development investigation found that there was no scaffolding system, staging or flooring within 2.4 metres below the worker when they were on the wall.

Southgate Carpets failed, as an employer, to ensure the trusses and excavator were moved in a manner that did not endanger a worker, as required by section 37(1) of Ontario Regulation 213/91, contrary to section 25(1)(c) of the Occupational Health and Safety Act.

The company also failed, as an employer, to ensure scaffolding, flooring or staging no more than 2.4 metres around the wall as required by section 219 of Ontario Regulation 213/91, contrary to section 25(1)(c) of the Act.

Following a guilty plea in the Provincial Offences Court in Ottawa, Southgate Carpets was fined $100,000 by Justice of the Peace Karen Baum; Crown Counsel was Christine Perruzza.

My opinion

The law(s) in contravention:

Southgate Carpets Inc. was found guilty of a contravention of the Ontario ‘Construction Projects’ sector regulation 213/91, section 37, subsection 1 which states,

“Material or equipment at a project shall be stored and moved in a manner that does not endanger a worker.”

Southgate Carpets Inc. was also found guilty of a contravention of the 213/91, section 219 which states,

“No worker shall stand on top of a wall, pier or chimney to remove material from it unless flooring, scaffolding or staging is provided on all sides of it not more than 2.4 metres below the place where the worker is working.”

This is 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 reader can tell that the employer has its priorities in different places. They are a flooring expert but attempted to attempt to branch off in another area, not fully knowing the potential hazards that may exist. This goes against the competency standards that is laid out in the OHSA. It states,

“Competent Person” means a person who,

(a)  is qualified because of knowledge, training and experience to organize the work and its performance,

(b)  is familiar with this Act and the regulations that apply to the work, and

(c)  has knowledge of any potential or actual danger to health or safety in the workplace.”

The accident was just waiting to happen.

I hope they stick to what they should know, flooring. Anything else should be left to experts.

HRS Group Inc. has a great team that can help you with all your health and safety.

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.

 

 

 

 

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