Excerpt from the government of Ontario’s ‘Newsroom’
A worker, employed by Bellai Brothers Construction Ltd. of Ottawa, Ontario, a concrete contractor, was injured when moving a fly form, a system used for supporting poured concrete slabs on buildings during construction. The company failed to ensure the fly form was stored and moved in a manner that did not endanger the worker, as required by section 37(1) of Ontario Regulation 213/91, and contrary to section 25(1)(c) of the Occupational Health and Safety Act.
On the day of the incident a worker was assisting co-workers with the disassembly of two concrete fly forms. The forms were being used in the construction of an 18-storey building.
The worker was holding one end of a 21-foot hinged wing of the form and a co-worker held the other end while waiting for a shore jack that was supporting the wing to be removed.
The workers planned to hold and lower the hinged wing once the jack was removed. However, once the shore jack was removed, the hinged wing did not immediately drop. It was stuck in the extended position.
A co-worker reached for a pry bar to free the wing, but as they did so, the wing swung downward and injured the worker.
An investigation by the Ministry of Labour, Immigration, Training and Skills Development found that the company failed, as an employer, to ensure that the hinged fly wing was moved in a manner that did not endanger the worker.
Following a guilty plea in Provincial Offences Court, Ottawa, Bellai Brothers Construction Ltd. was fined $80,000 by Justice of the Peace Mahamud Elmi; Crown Counsel was Alicia Gordon-Fagan.
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:
Bellai Brothers Construction Ltd., 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.”
This incident contravenes section 25, subsection (c) of the Ontario Occupational Health and Safety Act (OHSA), which states,
“An employer shall ensure that,
(c) the measures and procedures prescribed are carried out in the workplace.”
I wonder what amount of training was completed to ensure that all the workers were aware of the potential hazards?
Bellai Brothers Construction Ltd., may not know the sections of the OHSA and construction regulations, but they need to hire a safety professional to build training modules for their entire workforce. It is simple enough to do.
HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Due Diligence’ and ‘Standard Operating Procedures’.
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.