Blog Post #1676 – Workplace Injury Results in $78,000 Fine for St. Catharines-based Company

Report from the government of Ontario’s ‘Newsroom’

A worker employed by PEC Roof Maintenance of St. Catharines, Ontario, a roofing contractor, was critically injured after falling from a ladder during a roof repair project. The company failed to comply with its duty under section 25(1)(c) of the Occupational Health and Safety Act to ensure the measures and procedures prescribed by Regulation 213/91 (Construction Projects) were carried out. Section 82(2) of the regulation specifically requires a ladder to be secured at the top and bottom to prevent movement.

On the day of the incident a worker and supervisor were sent to a secondary school to inspect and repair a leak in its flat roof. They set up a 32-foot aluminum ladder to access a lower roof, then brought another ladder to access a higher roof.

The top of the ladder to access the lower roof was secured to a vice grip clamp on the roof flashing with a nylon rope, however the bottom of the ladder was not secured. The area was not treated with sand or similar material to ensure a firm footing despite the presence of snow and ice.

While the two were on the lower roof, the supervisor instructed the worker to go to a vehicle for a clamp and rope to secure the second ladder. When the worker stepped onto the ladder it slipped out from beneath. The fall resulted in a critical injury.

The company was also liable for the acts and neglects of its supervisor under section 66(4) of the Act.

Following a guilty plea in Provincial Offences Court, Welland, PEC Roof Maintenance was fined $78,000 by Justice of the Peace Moira Moses; Crown Counsel was Tyler Fram.

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:

PEC Roof Maintenance was found guilty of a contravention of the Ontario ‘Construction Projects’ section 82, subsection 2 which states,

(2) “The ladder,

(a)  shall extend at the upper level at least 900 millimetres above the landing surface;

(b)  shall, subject to subsection (3), have a clear space of at least 150 millimetres behind every rung;

(c)  shall be located so that an adequate landing surface that is clear of obstructions is available at the top and bottom of the ladder for access and egress; and

(d)  shall be secured at the top and bottom to prevent movement of the ladder.”

This contravenes section 25, subsection 1(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 if PEC Roof Maintenance received ‘Working at Heights’ (WAH) training? If they had taken the training, then they would have been introduced to a large section covering ladders. We discuss,

• Weight restrictions,
• Storage, and inspection as well as the proper set up of a ladder. (As an approved provider of WAH, we already know this)

A great question, and again, like many other companies, no positive answer.

HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Due Diligence’, ‘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.