Excerpt from the government of Ontario’s ‘Newsroom’
M-Con Products Inc., a company that manufactures underground precast concrete products, has pleaded guilty and has been fined $50,000 after a worker was injured while fabricating a steel floor assembly.
On February 4, 2014, three workers employed by M-Con were fabricating a steel floor assembly weighing approximately 1,800 lbs at the company’s workplace at 2150 Richardson Side Road in Carp. The framework for the assembly, which was in two halves, was tack-welded together at the center to give dimension to the finished assembly.
During the fabrication process, a worker was lowering a cap, with a crane, into a position that would cover a hole in the assembly. At one point, the worker put one foot on the cap when it was just inches from the hole in the assembly as a way to either steady the cap or to move it away. At that moment, the two halves of the assembly collapsed in the center. The injured worker was under the assembly, adjacent to the hole opening, working on one half of the assembly. The collapse caused the two halves to separate and one of the halves fell on the injured worker. The injured worker sustained leg injuries.
M-Con Products Inc. was given a fine of $50,000 by Justice of the Peace Brian Mackey in Ottawa court on January 28, 2016.
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:
M-Con Products Inc. was found guilty of a contravention of the Ontario ‘Industrial’ sector regulation 851/90 section 45, subsection (b) which states,
“Material, articles or things,
(b) shall be transported, placed or stored so that the material, articles or things,
(i) will not tip, collapse or fall, and
(ii) can be removed or withdrawn without endangering the safety of any worker.”
M-Con Products Inc. was also found guilty of a contravention of 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.”
I wonder if a complete hazard assessment be done prior to any onset of work.(we know the answer there)
Was the supervisor competent to organize the work? The actual definition of “Competent” is as follows,
“competent person” means a person who,
(a) is qualified because of knowledge, training and experience to organize the work and its performance,
(b) is familiar with this Act and the regulations that apply to the work, and
(c) has knowledge of any potential or actual danger to health or safety in the workplace.
I would venture a guess that he/she was not. Well, that ensures that section 25, subsection 2 (c) of the OHSA was also violated. It states,
“an employer shall,
(c) when appointing a supervisor, appoint a competent person.”
I also feel that section 25 subsection 2 (a) was also violated. It reads,
“An employer shall,
(a) provide information, instruction and supervision to a worker to protect the health or safety of the worker.”
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’, ‘Overhead Crane Certification’ 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.