Report from the government of Ontario’s ‘Newsroom’
A worker, employed by E.H.E. Construction Group Inc. of King, Ontario, was critically injured when a section of a concrete basement wall collapsed at a residential construction project. E.H.E. Construction Group Inc. failed to ensure that the measures and procedures prescribed by section 31(1)(b) of Ontario Regulation 213/91 were carried out at the workplace, contrary to sections 25(1)(c) and 23(1)(c) of the Occupational Health and Safety Act.
The company was working on an addition to a single-family home, including adding to the basement. Workers cut the existing concrete basement wall to make space for the addition.
The workers intended to remove the cut sections of the wall later and left them in place without bracing. On January 20, 2023, a section of the concrete wall collapsed, critically injuring a worker.
Following an ex-parte trial in the Provincial Offences Court in Newmarket, the company was fined a total of $140,000 by Justice of the Peace Premji. Crown Counsel were Jamie Chiang and Alexsis Qi.
The court also imposed a 25 per cent victim fine surcharge on the defendant, 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:
E.H.E. Construction Group was found guilty of a contravention of the Ontario ‘Construction Projects’ sector regulation 213/91, section 31, subsection 1(b) which states,
“Every part of a project, including a temporary structure,
(b) shall be adequately braced to prevent any movement that may affect its stability or cause its failure or collapse.”
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.”
As the constructor as well, E.H.E. Construction Group was also found guilty of a contravention of the OHSA, section 23, subsection 1(c) which states,
“A constructor shall ensure, on a project undertaken by the constructor that,
(c) the health and safety of workers on the project is protected.”
I could not believe this to have happened!
Where would a person find cut sections of a wall left in place to be removed later? Could you picture a Structural Engineer screaming at this?
Ex-parte is a Latin legal term meaning “from one party.” It refers to legal proceedings, motions, or orders requested by or benefiting only one side, without notifying the opposing party or requiring their presence.
Wow, this is the first time in a very long time that ex-parte proceedings has occurred. E.H.E Construction, probably did not feel they were at fault.
HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Due Diligence’ and ‘Safe Work Procedures’.
Contact Deborah toll free at 1-877-907-7744 or locally at 705-749-1259.
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‘Work’ and ‘Play’ safe.
Daniel L. Beal
CHSEP – Advanced Level
CEO & Senior Trainer
HRS Group Inc.