Report from the government of Ontario’s ‘Newsroom’
A worker, employed by KAS Aluminum & Copper Ltd. of Toronto, Ontario, a contractor that installs windows, eavestroughs and siding, was fatally injured falling from a roof. The company failed to ensure the worker was using fall protection when exposed to the hazard of falling more than three metres, contrary to section 26.1(2) of Ontario Regulation 213/91 as required by section 25(1)(c) of the Occupational Health and Safety Act.
A worker was helping the owner of the company, who was also their supervisor, on a home renovation project to install windows and siding. The worker was on a veranda roof, approximately 3.6 metres above ground level, when they started climbing a ladder up to the house’s main roof to hand their supervisor a tool. When climbing a ladder, the worker fell backwards to the ground below and was fatally injured.
A Ministry of Labour, Immigration, Training and Skills Development investigation found that the worker had not completed mandatory Working at Heights training.
Furthermore, the worker and supervisor were not wearing fall protection, despite fall protection equipment being available in the company truck on site.
Following a guilty plea in Provincial Offences Court, Toronto, the company was fined $80,000 by Justice of the Peace Jane Hawtin; Crown Counsel was Graeme Adams.
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:
KAS Aluminum and Copper Ltd., was found guilty of a contravention of the Ontario ‘Construction Projects’ regulation 213/91, section 26.1, subsection 2 which states,
“Despite subsection (1), if it is not practicable to install a guardrail system as that subsection requires, a worker shall be adequately protected by the highest ranked method that is practicable from the following ranking of fall protection methods:
- A travel restraint system that meets the requirements of section 26.4.
- A fall restricting system that meets the requirements of section 26.5.
- A fall arrest system, other than a fall restricting system designed for use in wood pole climbing, that meets the requirements of section 26.6.
- A safety net that meets the requirements of section 26.8.”
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.”
It is very clear, take the appropriate training and apply the knowledge. The supervisor/owner should have known better. Mind you, we see this over and over, take the mandatory training and ignore the training for at least the next three years.
HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘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.