Excerpt from the government of Ontario’s ‘Newsroom’
Paramount Structures Ltd., a concrete forming company, has pleaded guilty and has been fined $58,000 after a worker was injured.
On February 13, 2014, a worker was helping with the setup of a concrete form that was to be lifted by a crane at a construction project at 185 Bonis Ave. in Toronto. The setup included hooking up the form to a crane using chains and a swivel hook assembly.
While the form was being positioned for the lift, the swivel hook assembly came apart, causing the form to fall about 20 inches. The form landed on and injured the worker’s foot.
A Ministry of Labour investigation found that the swivel hook assembly was missing a pin that would have secured the lock nut holding the assembly in place. Without the pin, the swivel hook assembly was defective and a hazard.
The defendant pleaded guilty to failing as an employer to ensure that all vehicles, machinery, tools and equipment were maintained in a condition that does not endanger a worker.
Paramount Structures was fined by Justice of the Peace Vasilio Fatsis in Toronto court on April 16, 2015. 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.
The law(s) in contravention:
Paramount Structures Ltd., was found guilty of a contravention of section 93, subsection 1 of the Ontario ‘Construction’ regulation 213/91 which states,
“All vehicles, machinery, tools and equipment shall be maintained in a condition that does not endanger a worker.”
Paramount Structures Ltd., was also found guilty of a contravention of the Occupational Health and Safety Act (OHSA), section 25(1)(c) which states,
“An employer shall ensure that,
(c) the measures and procedures prescribed are carried out in the workplace.”
Wouldn’t it have been prudent for the employer/supervisor to conduct an inspection of the equipment prior to the use? How about a tailgate meeting prior to ensure that steps have been taken to protect the worker? How about surprise inspections by the employer/supervisor as part of a ‘Due Diligence’ approach to the work?
All these questions needed to be addressed before the worker step onto the worksite. Paramount would have been prepared for a safe day’s work!
Ensure your workplace is a safe place!
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’, ‘Construction Lifting and Rigging’ 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.