Excerpt from the government of Ontario’s ‘Newsroom’
Hawksview Homes Ltd. pleaded guilty and was fined $50,000 after a worker fell from a scaffold and suffered a spinal cord injury resulting in paraplegia.
On July 24, 2013, the worker was applying stucco to a wall on a new-home project on Moorlands Crescent in Kitchener. To work on the application the worker needed to stand on a scaffold next to the wall. While standing on the scaffold, the worker fell about 25 feet to the ground from at least the second level of the scaffold.
A Ministry of Labour investigation found that there was no guardrail on the scaffolding as required under the Occupational Health and Safety Act and the Construction Projects Regulation (Ontario Regulation 213/91).
Hawksview Homes Ltd. pleaded guilty to failing as a constructor to ensure that the measures and procedures prescribed by the regulation were carried out.
Hawksview Homes was fined $50,000 by Justice of the Peace Michael A. Cuthbertson in Kitchener court. In addition to the fine, the court 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:
Hawksview Homes Ltd. Was found guilty of a contravention of section 23, subsection 1 (c) of the Ontario Occupational Health and Safety Act (OHSA) 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.”
Hawksview Homes Ltd. Was also found guilty of a contravention of section 135, subsection 1 (c) of the Ontario ‘Construction’ regulation 213/91 which states,
“A scaffold platform or other work platform;
(c) shall be provided with a guardrail as required by section 26.3.”
HRS Group Inc. was just given the permission to be a provider for ‘Working at Heights’. It was a long process and now it is here.
My own area has a set of scaffolding at the Mason Home Development which is very close to being the same type of scaffolding, ones without guardrails.
Please ensure that your site does not end up like this one. Always ensure that your workforce is using all examples of Fall Protection and live up to the standards in the new ‘Working at Heights’ legislation.
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 ‘Fall Protection’ and Working at Heights’. 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.