Blog Post #793 – Avenue Building Corporation Fined $70,000 After Worker Suffers Fracture

Excerpt from the government of Ontario’s ‘Newsroom’

Avenue Building Corporation, a company that provides concrete formwork for construction projects, has received a fine of $70,000 after a worker was injured.

On February 12, 2013, a carpenter employed by the company and a second worker were working on a high-rise construction project at 2157 Lakeshore Boulevard West in Toronto. They were attempting to position a large wall form and were using a 12-foot-long, 4″ x 4″ piece of lumber as a lever. The piece of lumber broke and one of the workers stumbled forward and tripped. The worker suffered a fracture to one leg.

The incident proceeded to trial and the company was found guilty in court on February 3. Justice of the Peace Ajit Grewal imposed the fine in court on June 4, 2015.

My opinion

The law(s) in contravention:

Avenue Building Corporation was found guilty of a contravention of the Ontario Regulation 213/91 (Construction Projects Regulation), section 37(1) which states;

“Material or equipment at a project shall be stored and moved in a manner that does not endanger a worker.”

Avenue Building Corporation was also found guilty of a contravention of the 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.”

Why did the employer not have a set of written safe work instructions and completed a hazard assessment prior to any work is to be initiated. I wonder how apparent the crack or fracture in the 4” x 4” piece of lumber was. Was the supervisor involved in the process at all?

All theses things, in their proper place, could have saved this employee from harm.

All workers are supposed to count on their employer to provide a safe environment. I bet Avenue Building Corporation didn’t get the memo.

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’ and ‘Standard Operating Procedures’. Contact Deborah toll free at 1-877-907-7744 or locally at 705-749-1259.

We can also be reached at 

‘Work’ and ‘Play’ safe.

Daniel L. Beal
CHSEP – Advanced Level
VP & Senior Trainer
HRS Group Inc.

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