Report from the government of Ontario’s ‘Newsroom’
A worker, employed by Bellai Alliance Floor Finishing Ltd. of Gatineau, Quebec (formerly Bellai Bros. Construction), was injured by a swinging peri box that was rigged to a tower crane. Bellai Alliance Floor Finishing Ltd. failed to ensure that the measures and procedures required by section 179(1) of Ontario Regulation 213/91 were carried out at the workplace, contrary to section 25(1)(c) of the Ontario Health and Safety Act.
Bellai Alliance Floor Finishing Ltd. was subcontracted at a high-rise project in Ottawa, which included the use of a tower crane and formwork equipment.
On October 25, 2022, a worker from the company was helping to hoist a peri box filled with formwork components up to the upper slab of the project. As the load lifted, it swung towards and struck the worker, causing a critical injury.
A Ministry of Labour, Immigration, Skills and Development investigation determined that the company failed to ensure that a tag line/guide rope was used to prevent the peri box from swinging in an uncontrolled motion, as required by section 179(1) of Ontario Regulation 213/91. As such, the constructor breached its duties under section 25(1)(c) of the Ontario Health and Safety Act.
The constructor on the project, Claridge Homes Inc., plead guilty and was fined $55,000 in relation to this incident in August 2024.
Following a trial in the Provincial Offences Court in Ottawa, Bellai Alliance Floor Finishing Ltd. was fined $65,000 by Justice of the Peace Andrew I. Seymour; Crown Counsel was Dan Phelan.
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 Alliance Floor Finishing Ltd., was found guilty of a contravention of the Ontario ‘Construction Projects’ sector regulation 213/91, section 179, subsection 1 which states,
“If a worker may be endangered by the rotation or uncontrolled motion of a load being hoisted by a crane or other hoisting device, one or more guide ropes or tag lines shall be used to prevent the rotation or uncontrolled motion.”
This is contrary to 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.”
This is the first time, that I can remember, where the employer received a larger fine than the constructor. If the reader is unaware of the ‘constructor’ responsibility on a job site than let us look at section 23 of the OHSA, subsection 1, 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;
(b) every employer and every worker performing work on the project complies with this Act and the regulations; and
(c) the health and safety of workers on the project is protected.”
I could not believe Bellai Brothers took this to trial. The trial cost them the larger fine and their indifference to Ontario health and safety law is frustrating.
HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘lifting and rigging’.
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.