Excerpt from the OH&S Canada magazine
Six orders have been issued to two companies after a worker at the construction site of the Thunder Bay Country Club was fatally struck.
On April 9, 2012 at about 1:30 pm, an LTL Contracting employee sustain life-threatening injuries when he was hit by a piece of equipment, says a spokesperson for the Thunder Bay Police Service. The worker later succumbed to his injuries in hospital.
MOL spokesperson Matt Blajer says the ministry has determined the worker was run over by a reversing dump truck. Four orders, including to stop-work orders, were written to LTL Contracting and two to the constructor, Design Build Thunder Bay.
The former was ordered, as the employer, to ensure vehicles, machines and equipment at a project are not operated in reverse unless there is no practical alternative, as stated in Section 104(2) of Ontario’s ’Construction’ regulation 213/91; prohibit vehicles from reversing until a suitable back-up plan has been implemented on site; ensure vehicles, machines and equipment are assisted by signalers when the operators view of the intended path of travel is obscured; and ensure no such work is done until signalers have been put in place.
For its part, Design Build Thunder Bay must ensure measures and procedures prescribed by Ontario’s “Construction’ regulation and the OHSA are carried out on a project, and to review section 104 of the Ontario ‘Construction’ regulations in their entirety.
Beyond the aforementioned obligations under the regulations, workplace parties must ensure the following:
• every project is organized such that vehicles, machines and equipment are not operated in reverse or are operated in reverse as little as possible;
• signalers are required if shovels, backhoes and similar excavating machines, cranes or hoisting devices are in use;
• operators and signalers jointly establish procedures by which the latter assist the former; and,
• post signs in conspicuous places warning workers of danger if it is not possible to carry out the project without some operation of vehicles and equipment in reverse.
My opinion
The employer must do everything reasonable the circumstance to protect the worker. That includes setting up a set of safe work procedures for almost every operation; provide training for that operation, including safety training, all after a hazard assessment has been completed.
The hazard assessment is an important tool that all employers need to complete prior to any work being done. It doesn’t take long but to have the employee become competent based on the Occupational Health & Safety Act, (OHSA) then all hazards have to be identified as reported in the third leg of the competency standard. The employee needs to be trained, supervised and instructed on the job ahead. That is the meaning of the first leg of the competency standard. The second leg is just as important as the first; the worker needs to understand the act and appropriate regulations dealing with the job. Very Important!
Please review the competency standard listed in the ‘definitions’ section of the OHSA. It is the standard by which all workers, supervisors and employers will be held to. Obviously ITL Construction never read the necessary sections of the ‘Construction’ regulation 213/91 and their worker was killed.
The cause of this accident was simple to fix if proper training and education was completed prior to the work. Funny thing that; this is the law!
Remember – In Ontario, “ALL Accidents are Preventable”
HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Due Diligence’ and ‘Standard Operating Procedures’. Contact Deborah toll free at 1-877-907-7744 or locally at 705-749-1259.
‘Work’ and ‘Play’ safe.
Daniel L. Beal
CHSEP – Advanced Level
VP & Senior Trainer
HRS Group Inc.