Excerpt from the government of Ontario’s ‘Newsroom’
Sean Teperman Consulting Corp., a family-owned construction company that specializes in demolition services in the construction industry, pleaded guilty and has been fined $50,000 after a worker suffered a critical injury.
On April 10, 2014 the company was engaged in the demolition of a building located at 282 St. Clair Avenue West in Toronto. A worker who had begun employment with the company the day before was assigned the task of assisting in loading dump trucks with debris. An excavator was used to lift debris and place it in the open-box bed of a dump truck. The worker was instructed to act as a spotter for the operator of the excavator and to be positioned inside the bed of the truck; the worker was to remain within the box while debris was being loaded.
The worker was struck by the moving bucket attached to the excavator. The worker was taken to hospital.
The Ministry of Labour investigation found that, based on the positioning of the excavator bucket and the worker in the bed of the dump truck, the worker was not visible to the operator of the excavator. The Construction Projects Regulation states that “no worker shall remain on or in a vehicle, machine or equipment while it is being loaded or unloaded if the worker might be endangered by remaining there.” In addition, the Occupational Health and Safety Act requires that an employer ensure that a worker works in the manner and with the protective measures and procedures required by the Construction Projects Regulation.
Sean Teperman Consulting Corp. pleaded guilty and was fined $50,000 by Justice of the Peace Sunny Ng in Toronto court on August 11, 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.
The law(s) in contravention:
Sean Teperman Consulting Corp. was found guilty of a contravention of the Ontario ‘Construction’ regulation 213/91, section 101(1) which states,
“No worker shall remain on or in a vehicle, machine or equipment while it is being loaded or unloaded if the worker might be endangered by remaining there.”
Sean Teperman Consulting Corp. 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.”
What a stupid procedure! Where was the hazard assessment, if any, and did they even consider this as a possible hazard? Where was the supervisor in all this? Was the supervisor even “competent” to look after the program? Did the company, as the employer, under section 25 of the OHSA, section 2(h) “do everything reasonable in the circumstance for the protection of the worker.” I doubt that one!
Please try to visualize this and think if your company would have been done the same thing.
By the way, this is blog post #900. I started this safety blog in November 2010 and am still going strong. I hope the reader is still enjoying the material.
Please ensure that 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 Safety Awareness’ 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.