Blog Post #1693 – Workplace Injury Results in $50,000 Fine for Mississauga Construction Company

Report from the government of Ontario’s ‘Newsroom’

A worker, employed by Cachet Homes Corp. of Mississauga, Ontario, a residential construction company, sustained critical injuries after falling from the second floor of a home under construction. The company failed, as an constructor, to ensure that a wooden guardrail system was securely fastened, as required by section 26.3(7) of Ontario Regulation 213/91, contrary section 23(1)(a) of the Occupational Health and Safety Act.

Cachet Homes Corp. was building a new subdivision with 205 detached and freehold townhomes. They hired a subcontractor to install insulation in various homes.

On the morning of May 3, 2023, the subcontractor assigned one of its workers to insulate a wood-framed home on Camwest Lot 117. To reach above the foyer, the worker began setting up a temporary platform. While doing so, the worker leaned on a wooden guardrail system that had been installed earlier, possibly by another subcontractor. The guardrail gave way and the worker fell nearly 10 feet to the floor below, suffering critical injuries.

An investigation by the Ministry of Labour, Immigration, Training and Skills Development found that the wooden guardrail system, installed during the framing of the house, was not securely fastened to the posts.

As a result, Cachet Homes Corp. failed to ensure safety systems, such as guardrails, were properly installed, inspected and maintained as required by section 26.3(7) of Ontario Regulation 213/91, contrary section 23(1)(a) of the Occupational Health and Safety Act.

Following a guilty plea in the Provincial Offences Court in Kitchener, the company was fined $50,000 by Justice of the Peace Michael Cuthbertson. The 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:

Cachet Home Corp., was found guilty of a contravention of the Ontario ‘Construction Projects’ sector regulation 213/91, section 26.3, subsection (7) which states,

“The following additional requirements apply to a guardrail system that is made of wood:

1. The wood shall be spruce, pine or fir (S-P-F) timber of construction grade quality or better and shall not have any visible defect affecting its load-carrying capacity.
2. The wood shall be free of sharp objects such as splinters and protruding nails.
3. The system shall have posts that are at least 38 millimetres by 89 millimetres, are securely fastened to the surface and are spaced at intervals of not more than 2.4 metres.
4. The top rail and the intermediate rail shall each be at least 38 millimetres by 89 millimetres.”

Cachet Homes Corp., as a constructor, failed section 23, subsection 1(a) of the Ontario Occupational Health and Safety Act (OHSA), which states,

“A constructor shall ensure, on a project undertaken by the constructor that,

(a)  the measures and procedures prescribed by this Act and the regulations are carried out on the project.”

As the reader can see, all parts of the OHSA and construction regulation 213/91 has to be adhered to and the constructor has the most responsibilities, hence the biggest fine(s).

 

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.