Report from the government of Ontario’s ‘Newsroom’
A worker, employed by Fer-Pal Construction Ltd., 171 Fenmar Drive, North York, Ontario, a trenchless technology company involved in water main rehabilitation, suffered serious injuries after being exposed to hot water while working on a water main. Fer-Pal Construction Ltd. failed, as an employer, to ensure that the measures and procedures prescribed by section 71 of O. Reg. 213/91: Construction Projects were carried out, contrary to section 25(1)(c) of the Occupational Health and Safety Act. Additionally, Antonio Visconti, as a supervisor, contravened section 27(1)(a) of the Act.
On the day of the incident Fer-Pal Construction Ltd. was contracted by the City of Cambridge to rehabilitate a section of water main at the workplace location. The crew consisted of site supervisor Antonio Visconti and five workers.
The work involved lining approximately 100 metres of a 16-inch water main. To complete the job, the liner resin needed to be cured by introducing hot water into the water main. Water was heated in a boiler truck to approximately 65-70°C and then circulated in the water main for several hours.
During the final stages of the relining process, a worker was asked by their foreman to remove a hose from a connection located in the access pit. The worker climbed into the excavation using wooden shoring and began to remove the hose. During this process, the worker was exposed to hot water circulating in the water main and suffered serious injuries.
The worker had attempted to exit the pit once, but fell back in. The worker managed to climb out of the pit after a second attempt.
A Ministry of Labour, Immigration, Training and Skills Development investigation determined that a ladder had been supplied at the edge of the excavation at grade but was not installed in the excavation at the time of the incident. This resulted in delayed egress from the excavation when the incident occurred.
Additionally, Antonio Visconti failed as a supervisor to ensure egress from a work area located below ground level in the form of stairs, a runway, ramp or ladder, and failed to provide adequate means of egress from the work area to permit the evacuation of workers during an emergency, contrary to section 27(1)(a) of the Occupational Health and Safety Act.
Following guilty pleas in the Kitchener Provincial Offences Court, Fer-Pal Construction Ltd. was fined $140,000 and Antonio Visconti was fined $7,000 by Justice of the Peace Michael Cuthbertson; Crown Counsel was Tianna Gomes.
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:
Fer-Pal Construction Ltd., was found guilty of a contravention of the Ontario ‘Construction Projects’ sector regulation 213/91, section 71, which states,
“Adequate means of egress shall be provided from a work area to permit the evacuation of workers during an emergency.”
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.”
Antonio Visconti, the supervisor of the worker, was found guilty of section 27, subsection 1(a) which states,
“A supervisor shall ensure that a worker,
(a) works in the manner and with the protective devices, measures and procedures required by this Act and the regulations.”
I believe Fer-Pal Construction Ltd. would have been better off hiring a site supervisor with a safety background. I know, “Hindsight is 20/20” but there are more and more issues that could have been averted if a safety professional was on the payroll.
HRS Group Inc. has a great team that can help you with all your health and safety needs.
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.